During a recent city council meeting, a variance request from Everything Outdoors LLC, representing homeowner Dan Graff, was discussed regarding the placement of an in-ground pool within the Coopers Lake shoreland overlay. The property, located in the R-2 single-family and townhome residential zoning district, is subject to a 150-foot setback requirement from the shoreland.
The council had previously requested additional site plan options from the applicant, which were presented at the meeting. These options proposed varying degrees of encroachment into the setback, ranging from 14.5 feet to 25.7 feet. The council is tasked with evaluating the request based on a three-factor test for practical difficulty, which assesses the reasonableness of the request, the uniqueness of the property circumstances, and whether the variance would alter the essential character of the neighborhood.
The planning commission had recommended denial of the variance, citing concerns about the reasonableness of placing a pool within the setback. However, council members expressed appreciation for the additional information provided by the applicant, noting that the new site plans and visual aids helped clarify the situation.
Council discussions highlighted the challenges posed by the property's unique characteristics, including its proximity to the shoreland and existing structures, which limit the buildable area. The proposed pool location in the rear yard would not be visible from the street, and existing tree growth would provide screening from neighboring properties.
As the council deliberated, some members indicated a willingness to consider a reduced encroachment of 14.5 feet or 18.7 feet into the setback. The meeting concluded with a motion to further discuss the variance request, with the council expected to make a decision on the matter in the coming weeks.