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City of OROINO <br />t'h: <br />t?"' CITY <br />OF <br />ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. ^29 2 <br />35. The granting of the required variances would result in the <br />following violations of Section 10.08, Subdivision 3 (A) of the !5oning <br />Code with which the applicant must first comply before the requested <br />variances can be granted: <br />a) In review of the factual findings noted above, the plight of <br />this applicant was created by cither he or his agents' actions <br />and has nothing to do with a unique hardship related to the land. <br />The house was to bo adopted to the given land contours. <br />b) The granting of the requested variances would appear to serve <br />merely as a convenience to the applicant as there have been no <br />valid hardships demonstrated through the review of this <br />application. <br />c) The plight of this owner has not been created by tne City or <br />its Ordinances but by the owner and his agents. <br />36. The applicants and/or their agents have had every opportunity to <br />provide the City and its staff with the requested information prior to <br />construction or land alterations so that adequate and meaningful <br />direction could have been provided. 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 this Council must act to deny this <br />application. The City Council cannot approve the illegal actions of a <br />resident or his agents v/hen similar actions would have been denied <br />through the normal review process. <br />FURTHERMORE, BE IT RESOLVED that the City Council of the City of <br />Orono hereby reaffirms denial of this after-the-fact conditional use permit <br />and variances application with the formal adoption of this resolution and <br />further directs Todd Waters and Dori Molitor-Waters to restore the property <br />to original grades and that the applicants and agents of the City shall be <br />guided by the following directives in the process of this restoration: <br />1. Tlie entire restoration of the property mast bo completed by June <br />15, 1988. If the applicants are unable to meet the established <br />deadline date, the City must be advised by June 1, 1988. <br />2. The applicants .shall work with the City .staff and its consultants <br />to restore original drainage and original grades to the entire site. <br />Page 12 of 13