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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2058 <br />6. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance per the Municipal Zoning Code Section 10.09, <br />Subdivision 3 (A)7 to permit the construction and use of a non -rental <br />guest apartment within the basement level of the principal residence <br />at 4360 Chippewa Lane, and grants a 160 lot width variance to Section <br />10.27, Subdivision 5 (B) to allow construction of a residence on this <br />technically substandard lot, subject to the following conditions# <br />1. The main entrance to the house shall remain as an open foyer, <br />forcing the apartment occupant to enter the apartment from within <br />the main house, as shown on the proposed design plans. <br />2. This use variance is granted on a temporary basis and shall <br />expire at such time that the applicants no longer own the <br />property. Any new owner would have to reapply for the guest <br />apartment use. The temporary variance is not transferable to a <br />new owner without Council approval. <br />3. The mother-in-law apartment shall not be rented out and is <br />intended for the sole use of the applicants while they are <br />occupants of the principal residence and their non-paying guests <br />or domestic employees. <br />4. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must he <br />exercised by application for a building permit for the guest <br />apartment kitchen construction within one year of the date of <br />Council approval, or this variance will expire on that date <br />(October 13, 1987). <br />5. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning code. shall automatically terminate any authority granted <br />herein, ar,i shall be punishable as a misdemeanor. <br />6. The undersigned applicant has read, understood and hereby <br />agrees to the terms of this resolution and on behalf of himself, <br />his heirs, successors and assigns, hereby agrees to the recording <br />of this resolution in the chain of title of the property. <br />Page 2 of 4 <br />