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ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (14)ZONING FILE 11629-MCNULTY CONSTRUCTION CONTINUED We w8uld ask Council t 1 also cunsider the fact that the proper-t.:y own ~r hci s g i v,,n ;:p substanti ;1l property rights. Restrictions have been r~corded i ri the chain of title. The applica .,1t hds expended substanti ,11 funds to constru::t the accessory s t:.ructure containing uLili ty, s~curi ty a;1d s:tpport facilities more than sufficient to handle this addition he is now proposing. It would place an unnecessary financial hardship, aa well as an environmental burden on the property, if the applicant has to duplicate those services should he choose to put the 1,190 s.f. addition on the existing home. Annther issue f,">r consideration is that given this property, 3.n i,:.s present condition with the oversized structu1~e already permitted, it seems to me that special conditions a?plying to the property are definitely peculiar to this property a :1d do not apply generally to any other land or structures in the District in which this proper~y is located. Th,=it is bas,==d on what has been done. In summary, hardships are very d.i ff icul t. It seems to me that the basic thrust of the applicant's position is that there should be consistency and u~iformity of application to the Zoning Ordinance to a particuldr piece of property. That consistency ;:ind uniformity does point tc> tl1e Council's approval of this minimal Variance that the applicant is requesting." Taylor noted an error he believed to exist on page five of the propos.~d resolution whe,~e it stat,==d in paragraph nine that the actual floor area of the sports center is 15,836 s .f., rather than 13,886 s.f. It was :-,1oved by Butler, seconded by Jabbour, to adopt the Resoluti~n for denial as presented by City Staff. Motion, Ayes-2, Mayor P2terson, Goetten, ar1d Callahan, Nay. Motion failed. It was moved by Callahan, s:=conded bf Mayor Peterson, to conceptually appro~e the Varian~e request to construct an addition to the e;~isting sports center. Staff is directed to prepare an appropriate resolution for Council's consideration at their M.::ty 1.3, l 9 91 m,,)eting. Motion, Ayes-3, Butler, Jabbour, Nay. Motion passed. (IS)ZONING FILE #1634-JAMES & JOAN MAUS 3700 BAYSIDE ROAD VARIANCE-RESOLUTION #2954 Jim and Joan Maus were present. 8ernhardson stated that this a2plication involves a request for a side setbac!< Variance to construct an addition to the existing residence. He added that due to the location of the -7 -