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çO <br /> O <br /> --*JN t..,..- <br /> CITY of ORONO <br /> ,s, 1 <br /> • Nryl1`%4` G'� RESOLUTION OF THE CITY COUNCIL <br /> 49kesuOly NO. 4 La 0 8 <br /> 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 50' 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 with the property not with the applicants, <br /> but are permissive only and must be exercised by application for a building permit <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 <br />