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B Adjacent property to the south is the Luce Line Trail and to the north is a <br />developed residential property containing a wetland near the north boundary <br />of applicants' property. The adjacent property is not available for purchase <br />to increase the width of applicants' property at the SO' front setback line. <br />C.Applicants propose to construct a new residence that meets all setback <br />requirements of the City. <br />4.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments by <br />the applicant and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />5.The City Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variances would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicant; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants a variance <br />to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the removal of the existing <br />residence and construction of a new residence on the property, subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicants attached to <br />this resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />2.Authorities granted by this variance run w ith the property not with the applicants, <br />but are permissive only and must be exercised by application for a building pemut <br />within one year of the date of Council approval, or this variance will expire on that <br />date (April 10,2001). <br />Page 2 of 5