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3113 of the Council to consider the Planning Commission recom- mendation and likewise consider the variance request in behalf of the Harry Olson's in respect to the Village Ordinance in the matter. Councilman Black read all pre- vious letters between the Villa~Y O~fice, Planning Coru-nis- sion, including denial recommendation of the Planning Com- mission, and the Olson's andpresented petitions, requests, provisions of Ordinance No. 61~, filed in the office of the Village Clerk. No application was applied for previous to construction of the fence. Ivir. Olson related that he thous~ht the swimming pool instal7_er had obtained permits in 1968 to construct the fence at the same time permits were obtained for the pool installation. The previous fence was installed before the Ordinance came into effect. William J. McEvoy - Attorney I~?cEvoy, who appeared at the meeting to represent Attorney for Harry the Olson's, stated; that the fence was constructed as a Olson's: neighborhood pool for protection,and Attorney McEvoy pre- sented a plot plan for Council review. Pair. McEvoy related the fence is not an eyesore as all the immediate neighbors do agree. Mr. rlcEvoy suggested moving the fence back on a trial basis. Councilman Black questioned Attorney Seed on the grandfather clause. [~ 1 Attorney Seed: Attorney Seed stated that nonconforming use of a value than :1000 would be phased out in three years. He felt that the original fence could have been legally phased in two years. Mayor Warkentien: Asked if the fence is finished. Mr. Olson: Said the fence was not finished. Mayor Warkentien: Questioned I~Ir. Olson whether the fence would be raised. less out Nir. Olson: Some boards on inside were needed and a flat board on top were needed yet to finish. Mayor Warkentien: Do we have a plot plan. .Attorney McEvoy: Yes. Mr. McEvoy presented the plot plan for Council review. He also explained physical factor locations. Councilman Black: Several Planning Commission members felt that a 6 foot fence was needed around the pool but not in the front yard. Attorney I~Ic.Evoy: Attorney i~icEvoy stated that baseballs, etc., could bounce over into the street causing danger to children, and also for ,privacy from unwanted guests. Mayor Warkentien: The Planning Commission objection is that it extends beyond the front building lines. Attorney McEvoy: If fence were moved there would probably be more objection from neighbors and also would be an eyesore. Should con- tractor's mistake be Olson's loss.