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5. The City Council finds that the :inditions existing on this <br />property are peculiar to it and do t 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 properties; <br />would 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 appli- <br />cant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />6. The City Council finds that granting a conditional use permit <br />to allow the temporary guest apartment use will not be <br />detrimental to the health, safety or general welfare of the <br />public, would not adversely affect light, air nor pose a fire <br />hazard or other danger to neighboring properties, nor will it <br />depreciate surrounding property values and that the proposed <br />level of use of the property will be in keeping with the intent <br />and objectives of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, ORDER :.Pb CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance and conditional use permit per <br />Municipal Zoning Code Section 10.08, Subdivision 3 (A)(7) to allow the <br />temporary use of a single family dwelling as a two family dwelling by <br />the creation of a guest apartment at the walkout level, subject to the <br />following conditions: <br />1. The main entrance to the house shall remain as an open foyer, <br />forcing the apartment occul,-:nt to enter the apartment from ^'thin <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 th-t 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. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation of the <br />zoning code, shall automatically terminate any authority qranted <br />herein, and shall be punishable as a misdemeanor. <br />Page 2 of 4 <br />