Laserfiche WebLink
Resolution No. /G �9 <br /> Page 64 � <br /> � <br /> 6. The Council could have retained the residential <br /> zoning classification of the Resort property in 1967 <br /> and still permitted continued operation as in the <br /> past under regulation as a conditional use permit <br /> per Section 32.480 of the 1967 Lode. <br /> 7. Leaving the Resort property zoned residential <br /> would have been consistent with the adjoining properties <br /> and with the lack. of urban services to the area . <br /> Zoning of the one property in a significantly different <br /> classification from all surrounding properties can be <br /> considered to have been "spot zoning", which by <br /> definition and implication acts to benefit one property <br /> owner at the expense of neighboring property owners <br /> and the public at large. � . <br /> 8. The legal description of the B-2 district adopted <br /> in 1967 erroneously included more property than actually <br /> , owned or used by the Resort and more property than <br /> � intended by the Council. Subsequent entries in the <br /> record show that neither the �ity nor the Resort/Ma rina <br /> operators intended or knew of the inclusion of Parcel 4 <br /> and Lot 25 �see Exhibit D-2) in the legal description <br /> until 1978. <br /> 9. The Council �erred in not returning the property <br /> � to a residential zoning classification in 1974 as was done <br /> . with other similarly situated cor�ercial properties . <br /> The� Council believed that extenuating circumstances then <br /> existing would serve to adequately control use of the <br /> � property, including studies to extend sewer into the <br /> � area, newly devised zoning and licensing requirements <br /> including operational agreements designed to control <br /> marina impact on neighbaring properties , and the fact <br /> that as of 1974, the marina use had not been significantly <br /> changed or expanded from�historic practices and was even <br /> homesteaded by Keiran through 1973: <br /> 10. The intent of the B-2 performance standards adopted � <br /> in 1974 was to reduce the impact of previously uncontrolled <br /> � commercial inarina expansion for the benefit of adj oining <br /> . residential properties and to assure protection of the <br /> Lake against environmental degradation. � <br />