RES 19-012 ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL OF VARIANCE REQUEST FOR A SWIMMING POOL AND POOL MECHANICAL EQUIPMENT IN THE REQUIRED SETBACK BY DAN & ALISA BARTEL AT 4021 SILVER LAKE TERRACE

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(C)Evidence. No variance will be granted unless the evidence presented discloses all of the following facts. (1) The subject matter of the application is within the scope of this section. (2) Strict enforcement would cause practical difficulties because: (a) The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; (b) The plight of the property owner is due to circumstances unique to the property not created by the property owner; (c) The variance, if granted, will not alter the essential character of the locality; and (d) Economic considerations alone are not the basis of the practical difficulties. (3) The variance, if granted, would be consistent with the city's comprehensive land use plan. (4) The granting of the variance is in harmony with the general purposes and intent of the zoning code. 9. Relevant City Code. Title XV Land Usage, Section 152.053 (B. 1) and (B. 2) City Ordinance requires a 75 -foot setback from the natural high -water elevation of the lake for swimming pools and pool mechanical equipment in the R1 -A Single Family Lakeshore Zoning District. CONCLUSIONS OF LAW 10. The requested variance is not in harmony with the purposes and intent of the ordinance because the intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to: protect the use districts; promote orderly development and redevelopment; provide adequate light, air, and access to property; prevent congestion in the public streets; prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; and provide for compatibility of different land uses. 11. The requested variance is consistent with the comprehensive plan because the use of the property would remain the same land -use as it is today, low- density residential. The comprehensive plan guides this area detached housing units and granting this variance request will not alter that land -use. 12. The property owner does not propose to use the property in a reasonable manner because the proposal is for a 963 square foot pool with concrete deck and a 28 square foot concrete pad for pool mechanical equipment in the rear yard. There are two other swimming pools in rear yards along the lake. Both were approved prior to establishment of the R -lA lakeshore zoning designation. 13. There are not unique circumstances to the property not created by the landowner because the landowner prefers to locate a pool in the setback. Personal preferences do not qualify as unique circumstances to the property. 14. The variance does not maintain the essential character of the locality because the lakeshore zoning district was adopted in 1990 and set express limitations on swimming pools. The zoning designation sets the standard for the essential character for this area of the City.