04-22-1991 Council Packet - Laserfiche WebLink

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I' o o ^^esHO^ >• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.________________ 11. As of the date of issuance of the Certificate of Occupancy for the structure constructed under the findings and conditions of Resolution #2204, that structure became an existing structure subject to any existing and future ordinances of the City. Although the sports center structure was constructed with somewhat smaller square footage than originally proposed or approved in Resolution 12204, Issuance of the Certificate of Occupancy for that structure terminated any vested rights for further construction within the approval granted by Resolution #2204. In order to increase the size of that structure outside the existing walls or roof of the building as it existed as of the date of the Certificate of Occupancy, requires a new variance application. 12. The applicant contends that Resolution #2204 allowed a building of 16,875 s.f. total floor area, and that the building constructed pursuant to that variance was only 13,886 s.f. With the proposed addition of 1,950 s.f., the building will contain 15,836 s.f. of total floor area, still being 1,039 s.f. less floor area than allowed in Resolution #2204. The applicants contend that the unique nature of Resolution #2204 and the covenants restricting future use of the property are sufficient justification to allow the building to increase to the 16,875 s.f. floor area approved in that resolution. Applicants further suggest that while the footprint of the 16,875 s.f. building approved with Resolution #2204 was 13,200 s.f., the building footprint as constructed was only 12,100 s.f. Applicants acknowledge that the additional 1,990 s.f. footprint addition increases the footprint of the building to 14,090 s.f. or 890 s.f. larger than the building granted the original variance approval. However, at the time Resolution 42204 was adopted, the building footprint was not a regulated standard in the Orono Zoning Code. 13. Applicant has stated for the record that one of the primary reasons for the enclosed tennis facility on the property is for the security of family members. Due to the high profile nature of the family business, family members are provided a greater measure of security by a private facility rather than having to use one of the avallablt- public recreation facilities. Page 7 of 9 1