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� O� O 4 �! � g C ITY of ORONO �1 ` r� '�" , !� ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI304'�G NO. 9 � � � . 3. The Orono Planning Commission reviewed this application at a public hearing held on November 17, 2003 at which time all interested parties were allowed to speak regarding the variance request. 4. On November 17, 2003 the Orono Planning Commission by a vote of 5-1 recommended denial of the after-the-fact variance, finding no hardship that would support approval of the request. 5. The sport court was constructed without prior City review or approval and without proper construction permit. 6. The granting of the requested variance would be contrary to the provisions of Municipal Zoning Code Section 78-123 with which the applicant must first comply in order that variance be granted. The Council finds that: a. The property in question can be put to a reasonable use if used under � � the conditions allowed by the official controls if the proposed variances were granted. b. The plight of the landowner was created by the landowner. c. Granting of the proposed variances would appear to serve as a convenience to the applicants and the applicants have not demonstrated a reasonable hardship or practical difficulty acceptable to the City Council. d. The conditions of the Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located as well as in adjacent . residential zoning districts. 7. The City_Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. � 8. As a result of the denial of the variance, the aforementioned sport court must be removed by June 15, 2004. � Page 2 of 3