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^ COUNCIL CONSIDERATION ,_ "Conditional -Use Permit' _ _ Ju,l~ 23 1974 i _ Recruest: Condit.onal;`Use °Permit for fence to enclose pool Applicant: John:Te_Lappen Location: 163.1 2lst Ave. 'N.~nT. ~. Zonincr: R-1 Discussion: -~ The applieant~wishes to construct an in-ground swimming pool'on h_zs property in the.. area north of his home. Section 490 of the City Code., which regulates swimming poolsrequres that such swimmng.pool be enclosed by a 5', high fence. Other sections of the^Buildng and Zon-ing Codes limit this .fence to no more than 4~', however. The City.Attorney'`has noted that Section 13-050 (j) of the Zon--ing Code allows fences for special purposes to be granted by, means of a conditional use:-permit. It is on thin .basis that-;.the applicant "s ,requesting permission fore the. fence.. '~7e_should also note that-we and the applicant are proceeding on the assumption, based on the City Attorney's opinion, that a public hearing is ,not required on a conditional userpermit. ~_ The real question here, hov~,rever, is not the conditional use -, permit but whether the applicant can construct the pool"where he wishes without a variance. Our original-opinion was.that the pool would be located in the .:front yard if constructed as proposed and.-that Section 490:40 '_ `(Subd. 1) prohibits pools in a front yard,. so that a variance would be required. Because of the orientation of the house, how-ever, the pool would actually be on the .side. As-..far as we know, we..have never had a question regarding a swimming pool`on a corner lot-and so the .Council has not .had to make a determination on this question. The opinion that the pool is proposed to be in the front yard is' based~on taking the definition of that term that the Council has used -in ,,thee Zon-ing Code,-.There is a question, however, as to whether..,.