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+• I <br />i <br />4. Required removals of structure and hardcover shall be completed by the fooling <br />inspection for the proposed detached garage. <br />5.The City Council recognizes that the property is 0.03 acres short of the required <br />2.0 acre area requirement for plumbing in an accessory building and a variance is <br />granted to this acreage requirement based on no additional land available and no <br />potential negative impacts on neighboring properties. <br />6. The applicant by executing this resolution and covenant that the property will be <br />bound by the following conditions: <br />a.The accessory building will not be used for a home occupation unless <br />specifically approved by the City or if allowed by City Code; <br />b. The accessory building will not be used as a dwelling unless a guest house <br />CUP is obtained (site is not large enough to qualify); and <br />c. The accessory building will not be rented, leased or otherw'ise provided for <br />use as a dwelling under any circumstances. <br />7.Authorities granted by this rc.solution 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 within one year of the date of Council approval, <br />or the variance and conoitional use permit will expire on that date (June 14, <br />2005). <br />8. 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 />9. The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants' heirs, <br />successors and assigns, hereby agrees to the recording of this resolution in the <br />chain of title of the property. <br />Page 4 of7