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4 <br />i <br />11. Per Section 10.03, Subdivision 11, "Dwelling Use Prohibited. No cellar, <br />basement, tent, trailer or accessory building shall at any time be used as an <br />occupied dwelling. <br />12. The Council finds that granting a conditional use permit for a guest house use <br />would be in complete conflict with the objectives and intent of the code section <br />that governs guest house use. <br />13. The Council finds that granting a conditional use permit for a guest house use <br />would be in conflict with the intent of the RR-IA Rural Residential Zoning <br />District and the rural policies set forth in its Comprehensive Municipal Plan. <br />FURTHER* BE IT RESOLVED that the City Council of the City of Orono in <br />denying this conditional use permit for a guest house use of the accessory structure located at <br />320 Tumham Road and further directs the City staff to issue a building permit to allow the year <br />round living area expansions as shown on pages 7 and 8 of this resolution, subject to the <br />following condition'. <br />1. <br />3. <br />The finished living area or future additions to this structure may never be <br />converted to a bedroom or kitchen use. <br />Violation of or noncompliance 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 misden^nor. <br />The undersigned applicants, Brian A. Kipfer and Greg H. Sargent, have read, <br />urxlerstood atxl hereby agree to the terms of this resolution and on behalf of <br />themselves, their heirs, successors and assigns, hereby agree to the recording of <br />this resolution in the chain of title of the property; and shall execute a restrictive <br />covenant. <br />Page 4 of 8