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4.The 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 />5.The City Council finds that the conditions e.xisting on this property are <br />peculiar to it and do not apply generally to od:..r i, roperty in this zoning <br />district; that granting the conditional use permit would not adversely affect <br />traffic conditions, light air nor pose a fire hazard or 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 Comprehensiv e Plan of the City. <br />CONCLUSIO.NS, ORDER AND CONDITIONS <br />Based upon one or more of the abov e 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 bam on a through IcL subject to the follow ing 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 conformity with City codes will <br />require further Planning Commission and City Council rev iew. <br />The applicant is adv ised that the bam in considered oversized and is subject to the <br />standard oversized accessory structiire covenants. <br />3.Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction wi'Jiin one year of the date of Council approval, <br />or the conditional use permit will expire on that date (October 27,2004). <br />4.Violation of or non-compliance with any of the terms 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 />Pace 2 of 5