#4612-CUP & denying CUP-2001 - Laserfiche WebLink

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/ � 'g" .� � 0 �, CITY of ORONO � � ��ti G'�' RESOLUTION OF THE CITY COUNCIL '� � �`�'ESgpg' NO. � � �_ �.' �� convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 13. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and ' welfare of the community. . CONCLUSIONS, ORDER AND CONDITIONS , , i Based upon one or more of the findings noted above,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit a guest house on the property and grants a variance to Section 10.28, Subdivision 5 (A) to permit a 30', three story guest house; and denies a variance to Section 10.28, Subdi�•ision 5 (A)to permit a 2 '/�' railing over the 30' allowed height limitation in the RR-1B district and grants a conditional use permit per Section 10.75, Subdivision 1 to permit a 2' chimney height over the allo�ved 30' height limitation for the primary residence denying the 6' chimney request, subject to the following conditions: 1. The property owners shall file a restrictive covenant on the property agreeing the guest house will not be used as a rental unit and will not be used for a home occupation. �. 2. Thejguest house shall be used and occupied by persons who would otherwise use the prir�ary residence on the property, such as domestic help, guests and relatives. 3. No�ree within 30• of the guest house is permitted to be removed without consent of the�ity of Orono. Orono is hereby approving variances to permit the added height bas�d on the hardship that existing mature trees would be removed if the guest house wer�built per Code requirements. Should a tree be requested to be removed an equal repl�cement shall be planted. 4. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit�vithin one year of the date of Council approval or � ' this conditional use permit will expire on that date (February 26,2002). Page 4 of 6 ;