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City Council Minutes December 20, 1982 Page Five and corner lots within the City of Elk River are required to have the equivalent of two front yard setbacks; one on each side of the bordering streets. The City Administrator indicated that the Planning Commission considered Mr. Morton's request and voted 2-1, Commissioner Gunkel opposed. The City Administrator in- dicated that part of the opposition to Mr. Morton's request for a variance stemmed from the fact that the use was not considered to be an object which would be eli- g~ble to be considered a hardship. The City Administrator indicated that the City staff finds that Mr. Morton's request does meet the five variance standards re- quired for the granting of a variance, and further indicated that Mr. Morton's situation is unique in that there are a number of obstacles and difficulties pre- sented on his property to have the swimming pool located in a different location. The City Administrator indicated that it is recommended that the City Council grant a front yard setback variance for Mr. Robert Morton at 1107 Main Street. Mayor Hink~indicated that the swimming pool was already in place in Mr. Morton's property. Councilmember Duitsman indicated that he had received complaints from neighbors regarding the car parked in front of the property and that the yard is caving into the sidewalk. Mr. Morton indicated that the lower level of the pool is four feet above the side- walk and that because of the fact that he had three cars, one is parked in the yard rather than on the street. The City Administrator indicated that Mr. Morton does not have another choice in the placement of the pool in his yard other than where it has been placed. Ms. Estelle Gunkel indicated that had the variance been applied for before the pool was placed it may have been looked at differently and further indicated that the hardship is the fact that the pool is already there. Councilmember Schuldt indicated that he did not have any objections or had not heard of any objections to the approval of the variance request. COUNCILMEMBER SCHULDT MOVED TO APPROVE A VARIANCE REQUEST FOR A FRONT YARD SETBACK FOR MR. ROBERT MORTON AT 1107 MAIN STREET. MAYOR HINKLE SECONDED THE MOTION. THE MOTION PASSED 2-l,COUNCILMEMBER TOTH OPPOSED, COUNCILMAN DUITSMAN ABSTAINED. 9. Hennig Variance Request - Public Hearing The City Administrator indicated that Mr. Larry Hennig has requested a variance from the sign ordinance for his business located at 707 Highway #10. The City Admini- strator further indicated that Mr.Hennig has asked to exceed his allowable square footage of signs by approximately 68 square feet over the permitted 140 square feet of signs. The City Administrator indicated that Mr.Hennig informed the Planning Commission that he would scale down his proposal such that the sign would only ex- ceed the allowable square footage by a total of 8 square feet. The City Administra- tor further indicated that the Planning Commission accepted this number and therefore recommended approval of the variance request. The City Administrator indicated that the approval of the variance request would set a precedent for the City of Elk River and could potentially cause some problems as, at the present time, the City's