10-13-1986 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; ti;at granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other di.nger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of th! applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based pon the above findings, the Orono City Council hereby grants a variance per the Municipal Zoning Code Section 10.08, Subdivision 3 (A)7 to permit the construction of a non -rental guest apartment attached to the residence at 500 Tonkawa Road, subject to the following conditions: 1. The second dwelling unit is allowed as a guest apartment only, to be used only for relatives and non-paying guests of the current property ownei . The unit may not be rented out. 2. The two-family dwelling or guest -apartment use shall cease at such time the applicants i.o longer own the property. Any subsequent property owner must re -apply for a two -dwelling nit use. 3. Authorities granted by this variance run expressly and solely with the applicant and not with the property, but are permissive only and must be exercised by application for a building permit for construction of the kitchen facilities within one year of the date of Council approval, or this va: will expire on that date (October 1--, 1987). 4. Violation of or non-compliance with any of the terms snd conditions of this variance shall consti'.ute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punis� le as a misdemeanor. 5. The undersigned applicant has read, understood and hereby ac---.s to the terms of this resolution and on behalf of himself, his hc= successors and assigns, hereby agrees to the recording of t..-s resolution in the chain of title of the c. erty. Page 2 of 4