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Regular City Council Minutes - 06/16/03 Minutes -Page 25 Mayor Kysylyczyn clarified several issues with Mr. Welsch and Mr. Paschke and once again clarified the issue before the Council, reminding all that the applicant did not need to seek Council approval for any home construction plans, only the impervious surface issue for future pool construction. Mayor Kysylyczyn summarized that his remaining concern was whether lack of a pool constituted a hardship issue, and sought further Council comment. Councilmember Kough opined that the Council needed to act on the proposal as presented. Councilmember Klausing concurred with Councilmember Kough's comment; opining that the application was not driving the deliberation, but the neighborhood opposition. Councilmember Klausing opined that the purpose of variances was to improve the housing stock. Councilmember Schroeder sought clarification from Mr. Welsch regarding the proposed home improvements; after which he admitted his change in opinion regarding this issue, given Council and staff discussion tonight. Councilmember Schroeder recognized the standards set by the City as a benchmark, while balancing a homeowner wanting to improve their property. Mayor Kysylyczyn further expressed his concern that construction of a pool was a hardship. Councilmember Maschka clarified hardship language stating, "reasonable use of land;" opining that State Statute supported Ms. Sieferman's request, given the percentage (5.2%) of variance requested; opining that it was a reasonable request; was putting value on what the homeowner wanted on their home, which was not government's decision to make. Councilmember Maschka opined that the variance was not excessive; and questioned Council rationale that would consider denying the request, even if desired, as it would not stand in court. Further discussion ensued.