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Public Hearing VN-1.28 August 13, 1974 - 8:Q7 PeM. Applicant: John To Lappen - Location: 1631 Zlst Ave. N,W. Recfuest: Variance from Section 490x40 ($ubd. 1) of the City Code and Section 13-050 (f) of the.Zoning Code to :allow a swimming pool and 5` high fence in a front.. yard in an R-1 ds rict. Ordinance Requirements:, Section 490040 (Subd. 1) prohibits pools in front yards. in R-1 and R-2 districts. Section 13-050 (f) limits front yard fences in residential districts to 32` in height. Discussion: This is the same..request which was reviewed by ,the Council at its July 2,3 meeting as a conditional use permit application. Plannngt Commission Consideration (7--16-74) : The Commission waived the reading of the background discussion. The Building and Planning Coordinator explained the inter- pretation problem as it affected this issue. Parham asked what the .intent was in prohibiting pools in front yards. Mayor Bromander stated that the intent was generally to buffer the adjacent. :properties and to protect their value. The Mayor stated that the Planning. Commission should look at the. larger question of what. is a front yard and noted that the Council-has been consistent in its> interpretations Parham stated that if the Council has always granted variances from this requir ement, that it should examine this requirement as to whether it is accomplishing its intent..• The Mayor noted to the applicant that since time is of the essence, and since this complicated issue will likely result in .delay when before the Council, he would suggest that the applicant -apply for a variance. The Building and Planning Coordinator asked where the fence would be located in relation to the pool., Nix. Lapp~n stated tYiat is would be 3 feet to 5 feet back from the pool apron on three sides and would join the house on the. fourth. 1 -