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CITY of ORONO <br /> O _, O <br /> ,, RESOLUTION OF THE CITY COUNCIL <br /> ti NO. 3 4 7 3 <br /> B. Adjacent property to the south is the Luce Line Trail and to the north is <br /> a developed residential property containing a wetland near the north <br /> boundary of applicants' property. The adjacent property is not available <br /> for purchase to increase the 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 all 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 /> 4. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by 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 <br /> to it and 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 <br /> • <br /> Farm 5005 Disk Orr <br />