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City Council Regular Meeting Minutes January 8, 2019 Page 3 and pool mechanical equipment and Sections 152.054 applying to setbacks for building. A 1 drawing of the proposed accessory building was shown. Mr. Papatola reviewed the Criteria for 2 Variance Approval noting which criteria were met and not met. 3 4 The Planning Commission recommends denial of the variance request for the swimming pool and 5 swimming pool mechanical equipment and approval of the variance request for an accessory 6 structure. 7 8 Councilmember Stille noted these variances are rather extreme and asked what the Planning 9 Commission considered as far as the accessory building. Chair Papatola stated the plans showed 10 the building would be obtrusive and similar to another building constructed at Silverwood Park. 11 12 Councilmember Jensen noted Silver Lake is a public lake and asked if the DNR has any 13 regulations as far as the setback. Planning Chair Papatola stated the 75 feet is a fairly common 14 setback requirement. Councilmember Jensen stated the DNR specifications should be considered. 15 16 Councilmember Jensen referred to the findings of fact and four of the criteria not met on the 17 accessory structure. Mr. Papatola stated in the past, the Planning Commission has recommended 18 approval of variances that do not meet all criteria. 19 20 Mayor Faust clarified since Silverwood Park was an example, this was a facility to be used by the 21 public. A public facility does not fall the same way as a private facility. Mayor Faust recalled the 22 75 feet was determined based on the DNR specifications. 23 24 Ms. Alisa Bartel, 4021 Silver Lake Terrace, thanked Council for their consideration. They are 25 requesting two variances. She stated the accessory building would be on their private property and 26 the steep nature of their property makes their distance to their home up three flights of stairs. 27 They were recent victims of a home invasion and it is important to them to secure their personal 28 property. Ms. Bartel noted their impervious surface would be 29.09%, which is well under the 29 35% in the City Code. All their neighbors are in support of their plans. 30 31 Councilmember Gray asked what the DNR requirements are and Mr. Casey stated that would be 32 consistent with the 75 feet. 33 34 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 19-35 012; a Resolution Adopting Findings of Fact and Reasons for Denial of a Variance Request for a 36 Swimming Pool and Pool Mechanical Equipment in the Required Setback by Dan and Alisa 37 Bartel at 4021 Silver Lake Terrace. 38 39 Councilmember Stille noted there is more that should be brought out in fairness to the applicant 40 and to the City. The 75-foot line is there so the shoreline is not constructed upon. The City needs 41 to be consistent. 42 43 Mayor Faust stated any time the Council deviated they would be setting a precedence. The 44 existing swimming pools were there before the Code change. 45 46 9