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Cit� of ORONO • � RESOLUTION OF THE CITY COUNCIL _ � NO. 2620 � • - • • 4) Granting of the proposed variances would appear to serve as a convenience to the applicants and the applicants have not demonstrated any reasonable hardship or practical difficulty. 5) The conditions and zoning code limitations imposed and � existing on this property generally apply to all other land and structures in the zoning district in which this property is located. � 6) The granting of this application is not necessary for the preservation and enjoyment of a substantial property right of � the applicants. Denial of a swimming pool and spa in a location where such structures are not normally allowed is not considered by Council to be denial of a substantial property right. 7) The fact that the applicants have expended thousancls of . dollars in the construction of the structures in questions � does not and cannot constitute a reasonab'le hardship to the property. 11. In review of the factua 1 f indings noted above, the Counci 1 f inds that granting of the proposed after-the-fact variances to a11ow the pool and spa structure to remain would be in complete conflict with the environmental standards for lakeshore development within the City and would be detrimental to the public health, safety and welfare. The City also looks to the broader environmental principals and goals set forth in its Community Management Plan and the intent of the specific zoning district when dealing with matters of the public health, safety and welfare. Issues involving public health, safety and welfare are not only resolved by securing the obvious traffic and drainage concerns, but the City also feels obligated to provide the citizens with a designated and optimum 1eve1 of density, open space and quality of life. 12. The applicants and/or their agents had every opportunity to verify with the City and its staff whether or not the pool and spa construction were allowed or whether such construction required a permit, prior to that construction. The intent and full purpose of the City's zoning code and Community Management Plan have been violated in a manner so severe that the City Council must act to deny this application. The City Council cannot approve the illegal actions • of a resident or his agents when similar actions would have been denied through the normal review process. � Page 6 of 8