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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 29 (4. #13-3615 JAMES ANDERST, 3384-3386 SHORELINE DRIVE, CONDITIONAL USE PERMIT – CLASS II RESTAURANT, Continued) Gaffron indicated there is a minor concern relating to the variance for the dumpster enclosure. The dumpster enclosure should technically be five feet from the rear lot line and 10 feet from the side lot line. The Planning Commission did not have a major concern with that location as long as it does not impact anything else and is oriented so there is easy access to it. Gaffron stated at the northerly edge of each of the two outdoor seating areas is a proposed fireplace. Gaffron noted if the fireplace exceeds six feet in height, it will be considered an encroachment to the rear yard. In the Council’s packet, the applicant has provided various depictions of the front and back façade with some landscaping and signage. Access to the interior of the building will be through the doors to the right of the center restroom area. Gaffron stated anyone who is going to access the outdoor seating areas will need to go into the restaurant first and then either to the left or to the. The Planning Commission discussed parking and the use of the City-owned parking lot, which contains approximately 120 parking stalls. The new restaurant use increases the building’s need for parking from roughly 50 or 55 stalls up to around 75 stalls on paper. The Planning Commission felt that the offset in peak demand from this use as compared to some of the other uses of that lot would make it a reasonable expansion of the restaurant uses in the area and not create any issues with parking. Based on that, the Planning Commission recommended approval and Staff would recommend approval. Staff would bring back a resolution to the next City Council meeting that would define some of the specific aspects that should have some controls placed over them. One of the questions the Planning Commission had was regarding the hours of operation. The applicant is proposing the restaurant be open from 3:00 p.m. to 11:00 p.m. during the week and 8:00 a.m. to 1:00 a.m. on the weekends in the event they want to serve breakfast or lunch on the weekends. The new restaurant portion will be a sit down restaurant. Gaffron stated included in the Council’s packets are some depictions of the interior of the building. Bremer noted there was a concern by one patron about the size of the restroom and the ability to serve both establishments and asked how Staff feels about that. Gaffron stated he requested the applicant’s architect and the City’s building inspector do an analysis of the size of the restrooms. Based on the type of building and size of the restaurant, they both determined on paper the bathroom is the appropriate size. Gaffron stated if the saloon has live entertainment, it is likely there will be a greater use of the restroom during break times, but that he is not sure if the City has any basis to require additional bathroom stalls. Gaffron stated he is not sure whether the bathrooms could be expanded outwards or whether the applicant is proposing an elevator system to the lower level, which may be an opportunity to add to the bathroom space. McMillan asked if serving of alcohol on the patio would still occur after 11:00 p.m. Gaffron stated that would be addressed as part of the liquor license and a separate application. Under the existing operation of the saloon, there are some restrictions on the hours. Item #03 - CC Agenda - 12/09/2013 Approval of Council Minutes 11/25/2013 [Page 11 of 29]