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4. <br />5. <br />1 he City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicants and the public, and the effect of the proposed <br />conditional use permit on the health, safety and welfare of the community. <br />The City Cou.icil finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the conditional use permit would no' adversely affect <br />traffic conditions, light, air nor pose a fire hazard r > other danger to <br />neighboring property; would not merely serve as a convenience to the <br />applicants, but is necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the ak>ve findings, the Orono City Council hereby <br />grants a conditional use permit to Orono Municipal Zoning Code Section 78-1431 to <br />allow construction of a pool on a through lot. subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in confomiity with City codes will <br />require further Planning Commission and City Council rev iew <br />5.Authorities granted by this resolution run with the property not with the <br />applicants, but are pennissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approv al, <br />or the conditional use permit will expire on that date (September 15,2004). <br />6.Violation of or non-compliance with any of the temis and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />k Page 2 of 5 <br />f <br />i