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G. PUBLIC HEARING: LANDS OF LIN (continued) : <br /> conformance with Ordinance #306 . The Lins requested a permit for the <br /> pool in conjunction with their landscape plan in 1/87 and were advised <br /> they would now have to request a variance as a result of the new Town <br /> ordinances. Part of the confusion resulted when the pool was not <br /> redlined off the approved plans for the new residence. <br /> The Planning Commission did not feel they could support the necessary <br /> findings for a variance, but did feel there were overriding <br /> administrative circumstances and determined that the appropriate <br /> decision making body was the City Council . <br /> John Teter, applicant' s attorney, explained for Council the background <br /> of the Lins ' application for a home and pool . Mr. Teter stated that <br /> his clients had always felt that the pool had been approved at the <br /> time the plans for their home were approved. The pool was on these <br /> approved plans and had not been marked off. Even when the Lins were <br /> advised that a permit would not be issued for a pool unless structural <br /> pool plans were submitted, they understood this to mean that their <br /> pool was approved but to get the actual permit to build it, they would <br /> have to submit such plans . At no time were they aware that they had a <br /> definite time frame in which to do this and after a certain time they <br /> would not be able to have a pool because of new Town ordinances. Mr. <br /> Teter asked the Council to allow the Lins to build a pool . He noted <br /> that due to Dr. Lin' s career he was on call much of the time and a <br /> pool was the major source of recreation for he and his family. <br /> Dr. and Mrs. Lin, applicants , addressed the Council explaining their <br /> understanding of the approved plans they had received from the Town. <br /> While they knew they did not have a building permit for the pool , they <br /> did not think this was a problem as they had the approval for the <br /> pool . Had they known there was a time frame involved, they certainly <br /> would have gone ahead and obtained a building permit, built the pool <br /> and avoided all of this time, expense and confusion. <br /> Tryon noted that everyone involved seemed to have operated in good <br /> faith; it appeared to be a matter of confusion over approvals versus <br /> permits. Dronkert questioned the City Attorney whether or not it was <br /> too late to include this particular property in the urgency ordinance <br /> passed earlier to include those owners whose projects were in the <br /> process of completion when the new ordinance went into effect. <br /> Although the deadline stated in the urgency ordinance had passed, this <br /> application before Council had been going on for some time. The City <br /> Attorney noted that although the Lins could have put in a pool if they <br /> had obtained the necessary permits earlier, now they would have to <br /> obtain a variance to comply with the Town ' s ordinances. <br /> L <br /> 5- 6/3/87 <br />