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• PLANNING & ZONING BOARD <br />JUNE 12, 1996 <br />• <br />I. 96 -21 -V, Gary Sandahl, 478 Lonesome Pine, Variance <br />Ms. Wyland stated that Mr. Gary Sandahl is requesting a variance from Section 4 regarding <br />swimming pools which states: <br />"The pool, filter unit, pump heating unit and nay noise making mechanical <br />equipment shall be located at least 35 feet from any adjacent or nearby <br />residence and not closer than 10 feet to any lot line." <br />The ordinance is being updated, and in the updated version, which is anticipated to be <br />adopted this fall, the 35 -foot setback requirement is eliminated because it is difficult to <br />enforce. If an addition were to be put on Mr. Sandahl's neighbor's house, the City would not <br />check to be sure that the pool is 35 feet away. The new ordinance would permit the Sandahls' <br />request to locate the pool 10 feet from the adjoining property without a variance. Staff is <br />unable to find unique circumstances or a hardship of the property configuration. The <br />Sandahls could meet current ordinance requirements or make the pool smaller. If this <br />variance is approved, staff recommends that all other setback requirements be met. Letters <br />from 12 neighboring property owners; including the neighbor immediately adjacent, have been <br />received. There are no objections. <br />Chair Schaps asked if the applicant is aware of the ordinance change. <br />Mr. Gary - Sandahl stated that the pool was approved four months ago, and they were <br />scheduled to put it in two weeks ago. When he learned of the ordinance change, he decided <br />it would be well worth going through this procedure to move the pool and be able to have a <br />full view of it from the house. <br />Mr. Johnson noted that the Sandahls offer child care in their home. <br />Mr. Johnson made a MOTION to recommend approval of the variance request to allow pool <br />construction 10 feet from the side property line with the condition that the pool equipment <br />be located adjacent to the existing dwelling. Ms. Dahl seconded the motion. Motion carried <br />6 -0. <br />Mr. Herr was excused and left the meeting at 9:37 p.m. <br />Dwayne Cardinal Issue <br />Ms. Wyland stated that Mr. Cardinal owns RBR property on I -35E and 80th Street. He <br />would like to apply for a Conditional Use Permit for an advertising sign on property near 80th <br />Street that is on the freeway. The sign ordinance does not specify advertising in RBR <br />20 <br />