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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,March 20,2017 <br /> 6:30 o'clock p.m. <br /> "The City hereby reserves the right to inspect the premises where a Conditional Use Permit has been <br /> issued,after receiving permission from the property owner or receiving the appropriate court order,to <br /> ensure compliance with the provisions of this Ordinance and/or conditions imposed." <br /> Barnhart stated the language would basically allow the City to review where required by the courts or if <br /> the property allows the City to review the conditional use permit but it removes the false hope that the <br /> residents can impact a lawfully operated conditional use permit. Barnhart noted once the City issues a <br /> conditional use permit,that permit goes with the land regardless of who owns or operates the land until <br /> the land is abandoned. <br /> Landgraver asked why the sentence following the proposed language was struck. <br /> Barnhart stated the City Attorney recommended replacing it with the new language since it more <br /> accurately reflects state statute. <br /> Landgraver stated he is attempting to relate it to an interim use permit. Landgraver asked if it is saying <br /> that the City does not have the right to do periodic reviews of a conditional use permit. <br /> Barnhart stated an interim use permit is basically a conditional use permit with a timeline. The same <br /> standards that are reviewed for a conditional use permit are basically the same standards that would be <br /> reviewed with an interim use permit but the interim use period would elapse after a period of time. <br /> Barnhart stated if the City grants someone the ability to have an interim use permit for four years,the City <br /> would not necessarily be able to review that use every year unless the property owner agrees to the <br /> review. Barnhart stated the City would have to allow the person to operate under the interim use permit <br /> during that time unless there is a reason to go in and review it. <br /> Barnhart indicated interim use permits are an important tool to use in a transitional area where the use is <br /> not felt to be appropriate long-term or a permanent use. <br /> Landgraver stated he was struggling with how that relates to an interim use permit if the City decides to <br /> allow them. Landgraver stated under the proposed language the City would not have the right to review a <br /> conditional use permit unless ordered by the court or the property owner agrees to it. <br /> Barnhart stated the first three lines most directly reflect the authority given to the City by the State. <br /> Barnhart indicated the City has some rights under state statute, which are reflected in the draft ordinance, <br /> but if the Planning Commission recommends the second red portion be kept,he would not recommend <br /> against it. <br /> Schoenzeit stated if the City can legally keep that language, it would be a nice tool to have. <br /> Thiesse commented it appears the City is giving up some of their perceived rights whether they exist or <br /> not. Thiesse stated he would like the City Attorney to look at it again to verify whether the language <br /> could be drafted a little more in the City's favor. <br /> Landgraver stated it could be a tool to say that the City will check back in after a year or two,which could <br /> help placate concerns and build up trust,and that they should try to keep that language. Landgraver stated <br /> if the City does not have that right,then they cannot exercise it. <br /> Page 40 of 43 <br />