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The Planning Commission reviewed this application on April 19, 1999 and <br />recommended approval of variances for the swimming pool and denying <br />variances for an accessory structure on a vote of 6 to 0. <br />The Planning Commission made the following findings of fact: <br />A. Plumbing in an accessory structure requires the applicants apply for a <br />conditional use permit. <br />B. Any accessory building with plumbing is required to meet all yard <br />setbacks. The building is located entirely within the side yard setback, <br />therefore a "Plumbing in Accessory Building Conditional Use Permit" <br />cannot be granted. <br />C. The swimming pool will be surrounded by a berm, with landscaping, to <br />screen that portion of the property from other areas outside. <br />D. Other areas on the property could not support a swimming pool as a <br />result of existing utility lines, sewer pipes, septic tanks and drainfield and <br />the driveway. <br />E. The property owner to the south spoke in favor of the swimming pool. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely aifect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />Page 2 of 5