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oting a variance <br />. ZONING CODE <br />lUBDIVISION 5 (B) <br />iO. 19& <br />Farley are the owners of, and Engen ft Kozoj^ <br />5) have an interest in the property lo<;atcdjJt ^ 5 <br />no (hereinafter "City") and legally cescnbed as <br />uarter of the northwest quarter of :^tion 2, <br />, lies northerly of the Luce Line Tr^, <br />as Property Identification Number 02-117-23 2Z <br />y"); and <br />e applied to the City for a variance to Municipal <br />[B) to permit the construction of a single f^ly <br />zoning district where required lot width is 200 . <br />T RESOLVED by the City Council of Orono, <br />IDINGS <br />as Zoning File <fl963. <br />e RR-IB Single Family Rural Residentia -oning <br />ssion reviewed this application on September 19. <br />iroval of the proposed variance based upon the <br />joerty does not allow conformity to the City of <br />requirement. The lot is triangular in shape a^ « <br />width at the 50 ’ front setback; and rangmg froni <br />,ra. .te Foposed building site which is located <br />rom the front lot line. <br />age 1 of 5 <br />4. <br />5. <br />B. Adjacent property to the south is the Luce Line Trail and to the north is <br />a developed ievidential property containing a wetland near the north <br />boundary of applicants’ property. The adjacent property is not available <br />for purchase to increase ihe width of applicants’ property at the 50 ’ front <br />setback line. <br />C. The existing house on the property has existed there for many decades and <br />is located less than the required 30 ’ from the side lot line adjacent to the <br />Luce Line Trail. Applicants propose to remove that house and construct <br />a new residence that meets ail setback requirements of the City. <br />D. Strict enforcement of the zoning code would not allow the existing house <br />with non-conforming setback to be replaced with a new house having <br />conforming setbacks. <br />The City Council has conside . i this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the tqiplicant and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />r.ie City Council finds that the conditions existing on this property are peculiar <br />to it arid do not apply generally to other property in this zoning district; that <br />granting the variances would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial property <br />right of the applicant; and would be in keeping with the spirit and intent of the <br />Zoning Code and 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 <br />existing residence and construction of a new residence on the property, subject to the following <br />conditions; <br />1. The new residence shall meet all required setbacks. <br />Page 2 of 5