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City Council Regular Meeting Minutes November 9, 2021 Page 5 1 Councilmember Jenson asked if the homeowner has been given any advice on what would be 2 needed to be in compliance. Mr. Grittman stated Code Enforcement has worked with the owner 3 previously. Nothing has been heard from the applicant since before the Planning Commission 4 Meeting. 6 Councilmember Webster stated it seems the Planning Commission considered the 7 accommodations needed for the family members with disabilities. It appears the sidewalk meets 8 the setback requirements but the patio does not. Mr. Grittman stated the sidewalk is at a 2 foot 9 setback and is compliant but the applicant kept the 2 foot setback with the patio. 10 11 Councilmember Randle asked if the applicant was aware of this and Mr. Grittman stated he was 12 made aware of the requirements when the applications were submitted. 13 14 Mayor Stille stated that is not relevant as the issue is the improvements were made before the 15 application for variances was submitted. Mr. Grittman stated if the throat of the driveway was 16 reduced it would reduce impervious but not remedy the setback. Mayor Stille stated it is not 17 Council's job to determine how this can be remedied. Mayor Stille stated there used to be 35% 18 lot coverage in the City. Now the lot coverage has been revised to address different sized lots in 19 the City. 20 21 Motion by Councilmember Jenson, seconded by Councilmember Walker for Resolution 21-080 22 denying a request for variances from the required setbacks for patio and accessory building 23 (shed), denying a request for a variance from the maximum impervious surface, and approving a 24 variance for side yard setback for a driveway. 25 26 Councilmember Webster asked for clarification of the motion. 27 Motion carried 4-1 (Webster) 28 29 B. Resolution 21-081 — A Resolution Approving a Request for Variance 3501 Maplewood 30 Drive. 31 32 City Planner Grittman reviewed the applicants (Anthony and Alexia Farah 3501 Maplewood 33 Drive) proposes to construct a fence to enclose a proposed swimming pool on the west side of 34 their property at the above address. Fences are allowed to be up to 6 feet in height in side and 35 rear yards (behind the front building setback line), and 4 feet in front yards. The applicant is 36 proposing to extend the fence toward the Maplewood Drive property line, into the setback area 37 that requires a height of no more than 4 feet, but built it at the 6 foot height. That encroachment 38 of a 6 foot high fence requires approval of a variance. 39 40 The proposed encroachment is approximately 8 feet into the required setback. 41 42 Staff has reviewed for height, use, other setbacks, and impervious surface. One of the prior 43 issues, combined with the setback/height request, was impervious surface on the lot, given the 44 new pool, pool deck and existing rear yard shed. The applicant has reduced the size of the 45 proposed pool, and will be removing the existing shed to meet the impervious surface standards 46 of the code.