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t � 'J � Cit� o� ORONO � • RESOLUTION OF THE CITY COUNCI L � NO. 2119 • - • • 6. Two conditions of the original Holly Acres subdivision have not been met: a) Removal of the detached garage structure on proposed Lot 2; and b) Removal of the direct driveway access from Outlot B to County Road 6. The Council finds that these two conditions must be satisfied prior to final plat approval. 7. Both Lots'1 and 2 contain primary residences with existing septic systems. Soil testing data submitted by the applicant indicates suitable alternate drainfield sites exist for the primary residence on each lot. � 8. The existing residence on proposed Lot 2 is located 49.29' from the front lot line at Hollander Road where a 50' setback is required. Thi s variance of 0.71' wi 11 be recogni zed and approved in the f ina 1 plat approval resolution, the hardship being that this is an existing residence and existing lot line that is not being relocated. • 9. The existing barns on proposed Lot 2 are considered as accessory storage structures meeting the required 10' side setback from the proposed lot division line. These barns do not meet the setback standard for animal housing structures and shall not be used for housing animals. -- 10. The existing second dwelling on Lot 1 does not meet the lot area, lot width or side setback �requirements for a guest house conditional . use per the performance standards 'of Section 10.20, Subdivision 3 (G). The existing structure has not been documented as ever having been : used as a guest house, hence that use is subject to a conditional use permit. The original developer of Hol ly Acres was made aware of these requirements during the original subdivision of Holly Acres, but failed at that time to provide the additional lot area necessary to meet those performance standards for a guest house. The proposed guest house use does not fit with the character of the surrounding single-family rural residential neighborhood. The Council finds that the guest house use is not appropriate for this property. 11. The rental use of the second dwelling on Lot 1 is a violation of Zoning�Code Section 10.03, Subdivision 7 which states that no more than one principal building shall be located on a lot. Continued use of the structure as a rental unit on proposed Lot 1 would be an intensification of the degree of violation. The rental use of the second structure on Lot 1 is not an appropriate use for this single family rural residential neighborhood. • 12. The appropriate use for the second structure on proposed Lot 1 is as an accessory structure. Page 2 of 5 -