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• � C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL • NO. 1247 • ' • • The City Council has throughout its review also stated that if there were found to be �ariances required, that the subdivision would be denied. Dur- ing the Council ' s review, the City Attorney gave his opinion that certain variances would be required, notably from Section 39. 140 (3) . Thereafter, the City Staff was directed to prepare a resolution incorporat�ng all the facts from the record so that the Council could either approve or deny the subdivision based upon those facts. When the staff attempted to reconcile the findings of the Planning Commission with the opinion of the City Attorney , the Staff found it impossible to prepare a resolution without further Council direction concerning the need for variances . At the February 11 , 1981 meeting, the Council again reviewed the record and found for the first time that variances were indeed required. The Council directed staff to prepare a resolution that, if adopted, would •deny any variances required and therefore also would deny the Hepp applica- tion for subdivision. This resolution incorporates that direction, including citation of all applicable ordinance provisions which support the finding that variances are required. 26 . Denial of the required variances , and therefore denial of the sub- � division application, does not constitute a taking of property or �oss of substantial value because Lot 9 has always been one residential build- ing site, all of which has served as required area, yard and open space for the residence which continu�s to occupy said lot. Applicant Hepp purchased Lot 9 in 1971 as one lot containing one residence, has enjoyed its benefits as a fully conforming residential lot within the LR-1B Zoning District for ten years , and could continue to enjoy the same benefit and value without the requested subdivision. 27 . This denial is specifically based upon the final subdivision application as shown on Exhibit A. However , in order to provide the applicant with future direction, the City Council notes that many of the same variances, and additional variances not herein enumerated, would be required in order to approve any of the other plans for subdivision of Lot 9 as reviewed in the proceedings of this application. Review of said variances would be subject to the findings and strict interpretations of ordinance require- ments as set forth in this resolution. • PAGE 10 pF 11