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04-24-1989 Council Packet
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04-24-1989 Council Packet
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A) In review cf the factual findings noted above, the City finds <br />that the essential character of the neighborhood will be <br />altered if the proposed variances were granted and the hardcover <br />and garage were allowed to remain. <br />B) In review of the factual findings noted above, the City finds <br />that the property in question can Indeed be put to reasonable use <br />if used under conditions allowed by official controls. The City <br />has already approved substantial Increases in hardcover to allow <br />the applicants to improve the property and applicants can <br />continue to reasonably enjoy that property. <br />C) In review of the factual findings noted above, the plight of <br />the applicants would appear to have been created by the <br />applicants and not by circumstances unique to their property. <br />D) In review of the factual findings noted above, the City would <br />find that the granting of the proposed variances world appear to <br />serve as a convenience to the applicants and that the applicants <br />have not demonstrated any acceptable hardship or practical <br />difficulty. <br />E) In review of the factual findings noted above, the City finds <br />that to establish a precedent that would allow a property owner <br />to make improvements to a property conditioned on that property <br />owner complying with special directives, and then asking the City <br />to reconsider its original decision after those improvements have <br />been installed, to be completely unreasonable and in complete <br />conflict with the established environmental standards for <br />lakeshore development within the City and to be detrimental to <br />the public health, safety and welfare. The City also looks to <br />the broader environmental principals and goals set forth in its <br />Community Management Plan and the intent of the specific zoning <br />district when dealing with matters related to the public health, <br />safety and welfare. Issues Involving public health, safety and <br />welfare are not only resolved in securing the obvious traffic and <br />drainage concerns, but the City also feels obligated to provide <br />its citizens with a designated and approved optimum level of <br />density, open sp*\ce and quality of life. <br />The applicants are hereby advised that all structural and non- <br />structural hardcover scheduled for removal as a condition of Orono <br />Resolution #1936 must be completed by July 10, 1989. Applicants are <br />further advised that the 15'xl5' apron approved in the original application <br />can be relocated to provide greater maneuverability on the property but in <br />no case shall the hardcover within the 75-250* setback area exceed 29%. <br />Page 3 of 4
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