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Resolution 1239
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Resolution 0001-7547
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Resolution 1239
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11/12/2015 11:58:53 AM
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� � Clt of ORONO <br /> � <br /> � RESOLUTION OF THE CITY COUNCI� <br /> � NO. �,�.�i <br /> • - • • ' <br /> 4 . The City Council finds that the facts presented, including <br /> traffic safety, building code violations, septic code <br /> violations, and the comprehensive land use plans of the City, <br /> constitute sufficient cause to deny a Conditional Use Permit <br /> for a greenhouse on this property pursuant to Sections 32. 410 <br /> and 34 . 025, even if the existing property use was not a <br /> non-conforming use. <br /> 5 . The City Council finds that the existing business is a <br /> non-conforming use under the provisions of Section 31. 100 <br /> et. seq. ; all non-conforming uses are intended by adopted <br /> public policy and ordinance to in time be eliminated due <br /> to obsolescence, exhaustion or destruction; that addition <br /> of a greenhouse to the property, whether attached or <br /> detached, would constitute an expansion and intensification <br /> of said non-conforming use; and that the application for <br /> a conditional use permit for the greenhouse is therefore <br /> denied as being contrary to the letter and intent of <br /> • Section 31. 000 et. seq. and particularly, Section 31 . 108 <br /> of the Orono Zoning Code. <br /> 6. The City Council finds that the business activities <br /> and construction undertaken on the premises by <br /> Wisegarver without the required building or zoning <br /> permits can in fact be eliminated and reduced to the <br /> level and intent of the 1968 Conditional Use Permit, <br /> which permit established a reasonable and substantial <br /> level of use for the property. <br /> 7 . The City Council finds that even after denial of the <br /> proposed greenhouse and after reduction of business <br /> activities to that authorized by the 1968 Conditional <br /> Use Permit, there will remain multiple use and occupancy <br /> of the property which constitutes more than the permitted <br /> use of property in the RR-1B zoning district. <br /> a) The occupied trailer house constitutes the single <br /> , family residence as permitted in the RR-1B zoning district. <br /> b) There will still exist a 20 X 40 greenhouse located <br /> near the center-east end of the property. <br /> c) There will still exist the basic Kellers Market (49 ' X 60 ' ) <br /> • building and retail business activities operating <br /> as a nonconforming commercial use in the RR-1B <br /> one fzmily residential zoning district. <br /> Page 14 of 17 <br />
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