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_ . , . _... _ .,....._._. . ...._.._,..._._.. _ _ <br /> � � , <br /> - � ��r Clt� o� ORONO <br /> • � � ;, <br /> '� RESOLUTION OF THE CITY COUNCIL <br /> � ' <br /> , �. NO. 20 30 <br /> • • • � . <br /> 5. 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 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 /> CONCLIISIONS, ORDER AN� CONDITIO1dS <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 al low 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 /> l. The main entrance to the house shal 1 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. 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 granted <br /> herein, and shall be punishable as a misdemeanor. <br /> Page 2 of 4 <br />