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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono City Council hereby <br />grants a conditional use permit per Municipal Zoning Code Section 78-303, Subdivision (17) to <br />allow plumbing including a toilet, sink and shower to be installed in a proposed accessory structure, <br />per the site and building plans attached to this Resolution as Exhibit B and as annotated by City staff, <br />subject to the following conditions: <br />1. The applicant by executing this resolution agrees and covenants 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 specifically <br />approved by City or if allowed by City code; <br />B) the accessory building will not be used as a dwelling unless a guest house CUP is <br />obtained (site is not large enough to qualify); <br />C) the accessory building will not be rented, leased or otherw ise provided for use as a <br />dwelling under any circumstances; and <br />D) the accessory building shall not be fitted with a kitchenette (kitchen sink, range or <br />refrigerator); and installation of such fixtures in the future shall be considered a <br />violation of this approval. <br />2 The applicants shall remove excess driveway hardcover per the site plan attached as Exhibit <br />B so that the property remains in hardcover compliance. <br />3. Authorities granted by this resolution run with the property not with the applicants, but are <br />permissive only and must be exercised by obtaining a building permit for the new <br />construction within one year of the date of Council approval, or the variance will expire on <br />that dale (October 27,2004). <br />4. Violation of or non-compliance with any of the terms and conditions of this resolution shall <br />constitute a violation of the Zoning Code, shali automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />5. The undersigned applicants have read, understood and hereby agree to the terms of this <br />resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to <br />the recording of this resolution in the chain of title of the property. <br />Page 3 of 6