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Planning Commission Regular Meeting Minutes November 26, 2018 Page 4 would concur with Commissioner Socha and not be in favor of the variance for the pool being 1 approved. 2 3 Commissioner Larson agreed and if this were recommended for approval the ordinance should 4 be re-written. Every request would need to be approved in a similar nature. 5 6 Commissioner Socha stated she does not believe it is just the ordinance and the 75-foot setback 7 is in the administrative rules. It is the state rules as well as the City ordinance. 8 9 Commissioner Neumann asked Ms. Bartel if there was no pool would the accessory building still 10 be constructed. Ms. Bartel stated the accessory building is for a different need from the pool. It 11 has nothing to do with the pool. Commissioner Neumann asked if the pool was not constructed 12 could the accessory building be in a different location on the property. Ms. Bartel stated the 13 accessory building could not be moved due to the steep nature of the property. Ms. Bartel stated 14 it is a safety issue for them in carrying the equipment from their home down the steep bank to the 15 lake. 16 17 Commissioner Socha asked about the conditions she mentioned and asked Ms. Bartel about the 18 max height (10 ft) and max square foot (250 sf) if these were acceptable and Ms. Bartel stated 19 they were. 20 21 Student Representative Hashi asked if the other pools are within the setback. Ms. Bartel stated 22 they were not within the setback at the time they were built. Currently at least one of the pools 23 would be out of compliance given the current ordinance. 24 25 Chair Papatola closed the public hearing at 7:38 p.m. 26 27 Chair Papatola stated he is hearing the consensus of the Commission to approve the variance for 28 the accessory building but not for the pool or mechanical equipment. 29 30 Motion by Commissioner Westrick, seconded by Commissioner Larson, to recommend the City 31 Council approve the request for request for a 65-foot rear yard variance to allow for the 32 construction of an accessory structure, and deny a request for a 39-foot rear yard variance to 33 allow for the construction of a pool and a 24-foot rear yard variance for location of pool 34 mechanical equipment at 4021 Silver Lake Terrace removing conditions 2 and 3 and 35 incorporating the conditions brought forth by the Commission. 36 37 Motion carried 5-1 (Neumann). 38 39 IV. STAFF REPORTS 40 41 A. Planning Commission Work session December 17, 2018 at 5:30 p.m. Deck 42 Ordinance Discussion 43 44 Chair Papatola stated the City Council has requested the Planning Commission revisit the Deck 45 Ordinance and Staff has recommended this be discussed at the next Planning Commission 46