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r � > <br /> /�� <br /> /� O� <br /> • O O . <br /> ��b. - CITY of ORONO <br /> � ti � <br /> �� ��'� RESOLUTION OFTH�I�TY�C�OUNCIL <br /> �SH04 NO. <br /> convenience to the applicants,but is necessary to alleviate a demonstrable hardship <br /> or difficulty; is necessary to preserve a substantial property right of the applicants; ' <br /> and would be in keeping with the spirit and intent of the Zoning Code and . <br /> Comprehensive Plan of the City. <br /> 13. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff,comments by <br /> the applicants and the effect of the proposed variance on the health, safety and <br /> welfare of the community. � f <br />� CONCLUSIONS, ORDER AND CONDITIONS ; . <br /> . � <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 10.20, Subdivision 3 (G) to <br /> permit a guest house on the property and grants a variance to Section 10.28, Subdivision 5 (A) to <br /> • permit a 30',three story guest house; and denies a variance to Section 10.28, Subdivision 5 (A)to <br /> permit a 2 %2' railing over the 30' allowed height limitation in the RR-1B district and grants a <br /> conditional use permit per Section 10.75, Subdivision 1 to permit a 2' chimney height over the <br /> allowed 30' height limitation for the primary residence denying the 6' chimney request, subject to <br /> the following conditions: • <br /> 1. The property owners shall file a restrictive covenant on the property agreeing the <br /> guest house will not be used as a rental unit and will not be used for a home <br /> occupation. <br /> �. <br /> 2. The guest house shall be used and occupied by persons who would otherwise use the <br /> primary residence on the property, such as domestic help, guests and relatives. <br /> . � 3. No tree within 30•of the guest house is permitted to be removed without consent of <br /> . the City of Orono. Orono is hereby approving variances to permit the added height <br /> based on the hardship that existing mature trees would be removed if the guest house <br /> were built per Code requirements. Should a tree be requested to be removed an equal <br /> replacement shall be planted. <br /> 4.� Authorities granted by this resolution are permissive only and must be exercised by � <br /> � application for a building permit within one year of the date of Council approval or <br /> . � this conditional use permit will expire on that date (February 26,'2002). <br /> Page 4 of 6 <br />