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� ���p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y ` No. b67 � <br /> �' G <br /> l�'�E S N��� <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Staff finds this criterion to be met. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the <br /> requested variances will not adversely impact health, safety, comfort, or morals; nor will it <br /> be contrary to the intent of the Code. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty."The location and size of the garage create <br /> practical difficulties affecting the Property; the variance is necessary and not merely serve <br /> as a convenience to the Applicants. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance from Orono Municipal Zoning Code Section 78-1437 to allow the installation of a Half <br /> Bath within the nonconforming OAS on the Property, subject to the following conditions: <br /> 1. Council approval is based on the building plans submitted by the Applicants and annotated <br /> by City staff, attached to this Resolution as Exhibit A, hereinafter the "Plans". Any <br /> amendments to the Plans which are not in conformity with City codes may require further <br /> Planning Commission and City Council review. <br /> 2. Authorities granted by this resolution run with the Property not with the Applicants, but are <br /> permissive only and must be exercised by obtaining a building permit for the new <br /> construction and commencing construction of said project. A framing inspection must be <br /> completed within one year of the date of Council approval, or the variance will expire on <br /> that date (September 26, 2017). <br /> 3. By signing this Resolution, the Applicants agree and covenant in writing that the accessory <br /> building will not be: <br /> a. Used for a home occupation unless specifically approved by the city or if allowed <br /> by this Code. <br /> b. Used as a dwelling unless a guest house conditional use permit is obtained. <br /> c. Rented, leased or otherwise provided for use as a dwelling under any <br /> circumstances. <br /> 4 <br />