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Motion Carried. Voting Yes: Chairperson Levine, Commissioners VanScoy, Nosan, Bauer, and <br />Brauer. Voting No: None. Absent: Commissioner Maul. <br />5. PUBLIC HEARINGS/COMMISSION BUSINESS <br />5.01: Public Hearing: Consider Request for Variances to Side Yard Setback for an <br />Existing Pool and to Minimum Lot Size in the Critical River Overlay District on the <br />Properties Located at 14255 and 14235 Bowers Drive NW; Case of Travis and <br />Bridgette Richard and Lucas Hase <br />Public Hearing <br />Chairperson Levine called the public hearing to order at 7:01 p.m. <br />Presentation <br />City Planner Anderson presented the staff report stating the City has received an application for a <br />variance to minimum lot size standards in the Mississippi River Corridor Critical Area Overlay <br />District to accommodate an Administrative Subdivision that would resolve an encroachment of <br />an existing swimming pool across a property boundary. In reviewing the request, it became <br />evident that the Administrative Subdivision, as proposed, would correct the encroachment but <br />would not fully address the minimum required setback for a pool from an adjoining property. <br />The request involves two (2) adjacent properties, 14235 Bowers Drive, NW and 14255 Bowers <br />Drive NW. Staff discussed the request in further detail with the Commission and recommended <br />approval of two variances. <br />Citizen Input <br />Commissioner Brauer asked what portion of the pool was encroaching. <br />City Planner Anderson discussed the City Code amendment that was made several years ago and <br />noted the required 10 foot setback was to the water' s edge and noted a four foot concrete apron <br />was required around the pool. He noted that a portion of the water within the pool was split <br />directly on the property line. <br />Steven Little, attorney representing Travis and Bridgette Richard, noted the pool was built in <br />1985, prior to his clients purchasing the home. He appreciated the cooperation of the neighbors <br />and noted the buyers/sellers were in agreement with the proposed boundary lines. <br />Motion by Commissioner Bauer, seconded by Commissioner VanScoy, to close the public <br />hearing. <br />Motion Carried. Voting Yes: Chairperson Levine, Commissioners Bauer, Van Scoy, Brauer, <br />and Nosan. Voting No: None. Absent: Commissioner Maul. <br />Planning Commission/March 5, 2015 <br />Page 2 of 8 <br />