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� O� O > O CITY of ORONO ��-� � � �' � RESOLUTION OF THE CITY COUNCIL � ;� �':: � �� No. 6 � 4 6 ��kESH�g'� measure, based on proximity to the proposed house and the activity associated with the new construction. The oak on the adjacent property is likely to conflict with the upper story of the proposed house due to overhanging branches. The larger oak south of the house would be at high risk of injury due to the proximity of construction activity and its removal after the new home is built would be difficult. While removal of the oaks is in conflict with the City"s goals for protection of vegetation in the Shoreland, construction of a new residence as proposed requires their removal. Applicant proposes to plant five replacement trees (four on the Applicant's Property, one on adjacent property) as a replacement for the two oaks. m. The lot was legally created and the existing house built prior to the adoption of the current zoning standards. State law allows replacement of the existing house in kind. The property owner is proposing to construct a new residence requiring a number of variances and approvals but which will not alter the essential character of the locality. Economic considerations are not a factor in this variance request. n. The topographic conditions and existing lot size are factors unique to this Property, not common for lakeshore lots in the LR-lA district. Granting of the variances will allow the Applicant to construct a new residence to replace the existing residence. The proposed house will not impair health, safety, comfort, morals, or in any way be contrary to the intent of the zoning code. Granting the requested variances is not merely a convenience to the Applicant but will allow Applicant to use the Property in a reasonable manner. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 5. 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 variances 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 are necessary to alleviate a practical difficulty; are 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. Page 5 of 8