Laserfiche WebLink
Cit� of ORONO <br /> • � RESOLUTION OF THE CITY COUNCIL _ <br /> � NO. 2620 <br /> � • - • • <br /> 4) Granting of the proposed variances would appear to serve <br /> as a convenience to the applicants and the applicants have <br /> not demonstrated any reasonable hardship or practical <br /> difficulty. <br /> 5) The conditions and zoning code limitations imposed and <br /> � existing on this property generally apply to all other land <br /> and structures in the zoning district in which this property <br /> is located. � <br /> 6) The granting of this application is not necessary for <br /> the preservation and enjoyment of a substantial property <br /> right of � the applicants. Denial of a swimming pool and spa <br /> in a location where such structures are not normally <br /> allowed is not considered by Council to be denial of a <br /> substantial property right. <br /> 7) The fact that the applicants have expended thousancls of <br /> . dollars in the construction of the structures in questions <br /> � does not and cannot constitute a reasonab'le hardship to the <br /> property. <br /> 11. In review of the factua 1 f indings noted above, the Counci 1 f inds <br /> that granting of the proposed after-the-fact variances to a11ow the <br /> pool and spa structure to remain would be in complete conflict with <br /> the environmental standards for lakeshore development within the City <br /> and would be detrimental to the public health, safety and welfare. <br /> The City also looks to the broader environmental principals and goals <br /> set forth in its Community Management Plan and the intent of the <br /> specific zoning district when dealing with matters of the public <br /> health, safety and welfare. Issues involving public health, safety <br /> and welfare are not only resolved by securing the obvious traffic and <br /> drainage concerns, but the City also feels obligated to provide the <br /> citizens with a designated and optimum 1eve1 of density, open space <br /> and quality of life. <br /> 12. The applicants and/or their agents had every opportunity to <br /> verify with the City and its staff whether or not the pool and spa <br /> construction were allowed or whether such construction required a <br /> permit, prior to that construction. The intent and full purpose of <br /> the City's zoning code and Community Management Plan have been <br /> violated in a manner so severe that the City Council must act to deny <br /> this application. The City Council cannot approve the illegal actions <br /> • of a resident or his agents when similar actions would have been <br /> denied through the normal review process. <br /> � Page 6 of 8 <br />