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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 thousands of <br />dollars in the construction of the structures in ^estions <br />does not and cannot constitute a reasonable hardship to the <br />property. <br />11. In review of the factual findings noted above, the Council finds <br />that granting of the proposed after-the-fact <br />pool and spa structure to remain would be in complete conflict <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 <br />specific zoning district when dealing with matters of the <br />health, safety and welfare. Issues involving public health, safety <br />and weilfare are not only resolved by securing the <br />drainage concerns, but the City also feels obligated to Provide the <br />citizens with a designated and optimum level of density, open space <br />and quality of life. <br />12, Th,i 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 .sen <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