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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Typically a conditional use permit does run with the land forever, and that the City is governing the use of the property with a conditional use permit. The city can limit the number of people that it can house and it can also place other restrictions on the use. Mattick pointed out that currently people can be ordered to a residential home provided it is not a lock-down facility without the City’s permission or knowledge. Mattick indicated he is familiar with The Emily Program. The variance is also necessary and would run with the land. The City determines setbacks to be what they deem appropriate for the district. Mattick noted the City does have the ability to place certain restrictions on the conditional use permit. The applicant has indicated they are agreeable to withdraw from the conditional use permit should they ever vacate the premises. Mattick stated in his view if there is a voluntary action to withdraw the CUP, it would be enforceable. McMillan asked whether that CUP withdrawal could be challenged by the potential buyer of the property. Mattick indicated it conceivably could be, but that the record would reflect an agreement to voluntarily withdraw the conditional use permit by the applicant. Staff has discussed the fact that CUPs are intended to be there forever provided the conditions are met and that one alternative would be to approve an interim use permit, which would have a time limit imposed on it. Bremer stated she appreciates the concern relating to the personal safety of the residents and that in her view The Emily Program also shares the safety concerns raised by the neighbors. Bremer indicated she is not aware of another similar facility within the City and that the City Council has an obligation to look at all the issues and consider the application in its entirety. Bremer pointed out The Hill School has been on the market for a number of months and that there are not a lot of buyers currently. A vacant building is not good for the neighborhood since it will deteriorate and create a fire hazard. Bremer asked what inspections have been done to ensure that the building is up to code. Curtis stated a change in occupancy would need to happen and that The Emily Program will need to meet certain standards. The Hill School did do improvements a few years ago in connection with their expansion and that the fire inspector has signed off on the use of this structure for a school. There is an area in the lower portion of the building to house water tanks for the sprinkler system. The building will be re-inspected as part of this application. Tom Betti, Design Group, stated he has been working with the Emily Program for the past four years. The facility in St. Paul is similar to this building and they are aware there will need to be some changes to the structure. The building has to provide certain fire ratings, which will require an upgrade to the floor structure to provide a one-hour fire rating and two sets of stairs to the outside. Betti encouraged the neighbors to visit the facility in St. Paul. Betti noted they will also be doing landscaping and replacing a couple of windows. The HVAC system will also be upgraded in order to provide individual heaters and ventilation systems in each room. The lower level is located approximately half below grade. A portion of it will remain storage. The fire Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 12 of 20]