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. ,, ' , � `�' �� Cit� o� ORONO • r A' . ' } RESOLUTION OF THE CITY COUNCI L � �, � 205� NO. 2058 • - • •�: . e 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; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would � not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrabYe hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive P1an of the City. CONCLUSIONS, ORD$R AND CONDITIONS Based upon 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 and use of a non-rental guest apartment within the basement level of the principal residence at 4360 Chippewa Lane, and grants a 160' 1ot width variance to Section 10.27, Subdivision 5 (B) to a11ow construction of a residence on this technically substandard lot, subject to the following conditions: 1. The main entrance to the house shaYl remain as an open foyer, • forcing the apartment occupant to enter the apartment from within the main house, as shown on the proposed design plans. 2. This use variance is granted on a temporary basis and shall expire at such time that the appYicants no longer own the property. Any new owner would have to reapply for the guest apartment use. The temporary variance is not transferabYe to a new owner without Council approval. 3. The mother-in-law apartment shall not be rented out and is intended for the sole use of the applicants while they are occupants of the principal residence and their non-paying guests or domestic employees. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit for the guest apartment kitchen construction within one year of the date of Council approval, or this variance W�11 expire on that date (October 13, 1987 ). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. • 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4