06-25-1990 Council Packet - Laserfiche WebLink

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5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the guest apartment use will not be detrimental to the health, safety, or general welfare of the public, would not adversely affect light, air, nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 to allow additional structure to encroach past the average lakeshore setback line where no encroachment is normally allowed, and grants a variance to Section 10.22, Subdivision 2 to allow 28.9% hardcover in the 75-250’ zone where only 25% is normally allowed, and grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 3 (G) ii, subject to the following conditions; 1. The second dwelling unit is allowed as a guest apartment only, to be used for relatives and non-paying guests of the property owner. The unit may not be rented out. 2. Conditional use permit authority granted by this resolution runs expressly and solely with the current property owners, Mr. and Mrs. Richard W. Brown, and their son and daughter-in-law, Mr. and Mrs. Rick Brown, with the intent that Mr. end Mrs. Rick Brown will be providing the guest apartment for the seasonal use of Mr. and Mrs. Richard W. Brown or other family-members or non-paying guests. At such time that the property is no longer owned by either of the above mentioned parties, the guest apartment use shall cease. Any subsequent property owner would have to reapply Page 3 of 7