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.i, . � �f� �� Clt o� ORONO � • '�`''$'` RESOLUTION OF THE CITY COUNCIL `"�`�` NO. 2061 ...._.• ... � �."�� 6 , 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; 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 al leviate a demon- strable 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 Plan of the City. CONCLDSIONS, ORDER 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 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 owners. The unit may not be rented out. �2. The two-family dwel ling or guest-apartment use shall cease at such . time the applicants no longer own the property. Any subsequent property owner must re-apply €or a two-dwelling �xnit use. 3. If this property is ever subdivided, an area of not less than 2.0 acres shal 1 remain with the main residence guest apartment structure, because the combined structures are considered as a total of two dwelling units. 4. 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 variance wilY 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 automaticaY�y terminate any authority granted herein, and : sha11 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