01-26-2004 Council Packet - Laserfiche WebLink

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4. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed conditional use permit amendment on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit amendment would not adversely affect traffic conditions, light, air nor pose a fire hazar.d or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difllculty; is necessary to preserce a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CO.NDITIONS Based upon one or m re of the abo\ e findings, the Orono City Council hereby grants a conditional use permit amendment in accordance w ith Orono Municipal Zoning Code Section 78-348 (3) in order to change the roof structure from flat to pitched on the existing classroom portion of the church, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one >ear of the date of Council appro\al. or the conditional use permit amendment wiil expire on that date (January 26. 2005). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors Page 2 of 5