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Council Minutes August *5, 1983 Page Seven his swimming pool at its present location. The City Administrator further indicated that the variance request is to allow Mr. Majkrzak to encroach into the required sideyard setback by 10 feet and into the required rear yard by 5 feet. The City Administrator indicated that the Planning Commission considered Mr. Majkrzak's request for a variance at their July 26, 1983 meeting and after careful review of the 5 variance standards required before a variance can be granted, the Planning Commission recommended denial. The City Administrator indicated that the hardship standards cannot be met as the problem has been created by Mr. Majkrzak himself. Mr. Rick Breezee indicated that on June 27th, he issued a formal stop order for the work done on the swim- ming pool, as Mr. Majkrzak did not have a building permit for the construction. Mr. Breezee indicated that Mr. Majkrzak completely ignored the Building and Zoning Administrator's stop order and the requirements placed upon him and virtually completed his swimming pool. Mr. Rick Breezee indicated that Mr. Majkrzak had indicated that prior to construction of the swimming pool he had called the City of Anoka for their building requirements. Mr. Breezee indicated that at no time had Mr. Majkrzak made contact with the City's Building and Zoning Department prior to construction. Mr. Breezee indicated that Mr. Majkrzak had called and asked for permission to place the liner in the pool to avoid errosion until he could appear before the Planning Commission on the variance request. Mr. Breezee indicated that he stressed to Mr. Majkrzak not to fill the pool with water or install the filter. Mr. Breezee indicated that Mr. Majkrzak has backfilled against the pool, placed water in the pool, the filter system and has begun to build decking around the pool. Mr. John Pearce, Planning Commission Member, indicated that the Planning Commission denied Mr. Majkrzak's request for a variance based on the five standards necessary for a variance. Mr. Pearce indicated that the Planning Commission felt that two of those standards could not be met. Mr. Majkrzak indicated that his pool was an above ground pool, and further in- dicated that he was told that he did not need a permit for a swimming pool. Mr. Majkrzak indicated that it took two days to install the pool which he did over a weekend, and on Monday he received the stop order. Mr. Breezee indicated that according to the building code, a pool is a structure and requires a building permit. Mr. Breezee further indicated that the pool is in the ground, that backfilling has been done as well as bracing. Mr. Moldenhauer indicated that he is the owner of the adjoining lot to the Majkrzak.property and further indicated that he felt he, as well as the City, should be compensated for Mr. Majkrzak's encroachment onto the setback require- ments. General discussion was carried on regarding the Robert Morton swimming pool on Main Street in comparison to Mr. Majkrzak's request for a variance. The City Administrator indicated that in Mr. Morton's case Mr. Morton had two front- yard setback requirements and with no other practical location for the swimming pool, he requested a variance from one of the front yard setbacks. The City Admin- istrator indicated that Mr. Morton complied with the City's requirements and was very cooperative in obtaining a variance.