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I I I Council Meeting Minutes June 22, 1993 Page 4 Council Business. continued Mattila presented a request to construct a swimming pool 19ft. from the street sideyard property line. The applicant's home was constructed on a corner lot when the street sideyard setback requirements were 15 ft. In August 1981, the setback requirements were increased to 30 ft., and language was added to allow properties developed prior. a lesser setback to build additions or new structures up to 15 ft. from the property line. Said construction would require Special Permission from Council. Since the pool would be considered a structure, it is subject to the setback requirements. Staff recommends approval because the pool would at grade level, the pool would be setback 3 ft. further than the Heritage Lane right-of-way. other surrounding structures have less than 30 ft. setbacks, construction of 6 ft. high fence. and a petition of support was signed by adjacent properties. Gunderman verified that a fence could be installed at the property line. Also, he asked if the homeowner could install a canopy over the pool. Mattila verified that the construction of a canopy would be allowed. Motion by Larson, seconded by Rebelein. to GRANT SPECIAL PERMISSION TO ALLOW THE CONSTRUCTION OF A SWIMMING POOL 19 FT. FROM THE HERITAGE LANE RIGHT-OF-WAY. 5 Ayes - 0 Nayes, Motion Carried. Mattila presented the Service Station Canopy Amendment. Bob Smith wishes to construct a canopy at the Amoco Station at Silver Lake Road and Palmer Drive. The proposed canopy would be setback 10ft. from the front property line adjacent to Silver Lake Road. Canopies are considered structures and require 30 ft. setback from front property lines. There are no unique circumstances pertaining to the site that could justify a 20 ft. variance. Therefore, granting a 20 ft. variance would negate current requirements and reduce the setback to 10ft. for all future construction in the B-3 district. Staff said the best option to a variance is to amend the ordinance to allow canopies to be setback 10ft from the property line. The Planning Commission hearing was attended by several service station owners. The consensus of these station owners is that they were in favor of a reduced setback for canopies, and did not oppose the requirement that canopies be reviewed as a special use by Council. Staff surveyed surrounding communities regarding canopy setbacks. Most inner-ring cities have lesser setback requirements for structures than do developing communities. Over the years, Mattila receives minimal complaints from adjacent properties regarding the canopies. The complaints pertained to intercom misuse, glare and lighting. All of these problems have been resolved. Council Business Swimming Pool Variance Report 93-173 Service Station Canopies Report 93-174