09-26-2016 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this criterion to be met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and not merely serve as a convenience to the Applicants. CONCLUSIONS, ORKIR AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-1437 to allow the installation of a Half Bath within the nonconforming OAS on the Property, subject to the following conditions: 1. Council approval is based on the bu flding plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A, hereinafter the "Plans Any amendments to the Plana which are not in conformity with City codes may require further Planning Commission and City Cound reviow. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and ictust. be exercised by obtaining a building permit for the new ot:�atruction and comneneing constructon of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 26, 2017). 3. By signing this Resolutwn, the Applicants agree and covenant in writing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a t1 gelling unless a guest house conditional use permit is obtained. c. Rented, leaSed or otherwise provided for use as a dwelling under any circumstances.