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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Tuesday, January 21, 2014 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 13 of 26  <br />  <br />Luke Kujawa, Applicant, was present. <br /> <br />Gaffron stated the applicant is requesting a mechanical permit to install a 2,000 gallon underground fuel <br />storage tank on the Brown’s Bay portion of the property. Per Orono Zoning Code Section 78-142, “It <br />shall be unlawful to construct a building, enlarge the footprint of a building, or change or intensity the use <br />of an existing building or site in any business or industrial district without approval of a site plan in <br />accordance with this division.” Installation of an underground fuel storage tank and the subsequent <br />activity associated with fuel delivery and dispensing is considered an intensification of the use of the site. <br /> <br />Gaffron noted it would be located south of the gazebo, with a fuel line going to the center grouping of <br />docks. A fuel dispenser would be located just off of the shoreline. <br /> <br />The question that was raised initially was where the fuel tank could be located. Originally the desire was <br />to install an underground fuel tank on the Tanager side of the road. In 2013, the applicants relocated their <br />boat club operation to the Brown’s Bay side of County Road 15. In May of 2013, the applicants applied <br />for an expansion of the boat club operation to 30 sips from the originally approved 20 sips. That <br />application was subsequently tabled by the City Council in August in order to allow the applicant time to <br />provide additional information and address a number of City concerns, including the fueling situation. <br /> <br />Your Boat Club has operated a boat club at this location pursuant to a Conditional Use Permit issued by <br />the City in 2011. During 2011, 2012, and most of 2013, the applicants did not own the property but <br />operated as a tenant. Because they did not own the property, they were not in a position to make certain <br />infrastructure improvements necessary to better support the boat club operation. <br /> <br />The applicants have now acquired all four tax parcels comprising the historic marina operation and are in <br />a position to make site improvements. The applicants are now requesting approval for installation of a <br />below-ground fuel tank within the parking lot area just south of the gazebo on the Brown’s Bay side of <br />Country Road 15. At this time the applicants intend to primarily use the fuel system to service club boats. <br />However there is an expectation that this use could expand to fuel sales to the general boating public at <br />some future time. Doing so, however, would likely require relocation of the dispensing facility to an <br />outer slip rather than one adjacent to the shore as is currently proposed. <br /> <br />Gaffron noted marine fuel sales are a permitted use within the B-2 Lakeshore Business District. <br />Underground fuel storage tanks are also subject to the provisions of Minnesota Rules Chapter 7150 – <br />Underground Storage Tanks, which regulates the design, installation, operation, and monitoring of <br />underground fuel storage tanks. Other agencies involved or potentially involved in the regulatory process <br />include the MnDNR, the LMCD, and MCWD. <br /> <br />Gaffron stated the proposed fueling facility will tend to intensify the use of the commercial site. The <br />applicants have also indicated their intent is to continue review of their overall site plan as part of their <br />boat club expansion request and have met with staff to discuss their future plans. That review is <br />anticipated to be back in front of the City Council in late February or early March. <br /> <br />Gaffron noted the proposal is compatible with surrounding land uses and is generally in conformity with <br />the criteria for commercial site plans outlined in Section 78-145. Gaffron stated one of the questions yet <br />to be addressed is whether finish grade will be at the existing parking lot grade or above it, in which case <br />there is the potential for a minor reduction in floodplain storage which would have to be compensated for <br />elsewhere on the site. <br />Item #01 - PC Agenda - * 02/18/2014 <br />Approval of Planning Commission Minutes 01/21/14 <br />[Page 13 of 26]