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rrtzNttTrs <br />c~cy cou„~x~. <br />April 27, 1983 <br />Thomas Mr. 0'flrien, the architect for the Thomas'~ informed the Council. <br />Swimming that the Ci.ty Code states that anything that does not project <br />I'ool (Cont.) 6 inches in Che air can be in the requi.red front yard. Mr. 0'13ri.en <br />stated that hi.s interpretation of the ordi.nance would all.ow the <br />pool requcsted by the Thomas's 0'f3ri.en state9 that the divi.n~ <br />board and ladder would be beyond the 30 feet. Mr. 0'Brien <br />also pointed out the elevation drop of the Thomas' property <br />and reported that Y.he pool would not be visible Irom the street, <br />Mr. 0'IIrien stated that the four foot fence Chat the Thomas's are <br />requesting woul.<t also be below the street. <br />Mr. Pahey stated that he was not sure ChaL a swimming pool fe11 <br />into the same catagory as a pat:io. Mr. Pahey stated that he had <br />no objecti.on to the f:ence var.i.ance, Uut felt that the pool should <br />be. located beyond the 30 foot setbacl< requi.r.ement. Mrs. Nardini <br />agreed. <br />Mr. 0'F3ri.en stated that if the pool were to be located beyond [he <br />30 foot front; yard, the sanitary se~aer system woul.d have to be <br />relocated at considerabl.e expense. <br />P9rs. Scalze agreed that a~ool di.d not f.it into the same catagory as <br />a patio or [errace, <br />Mr. Porsberg stated that he had a problem wi.th the i.mpact that.the <br />pool would have on the homes on the wesc. <br />Mr. Fahey stated that the intenti.on of. the 30 feet of f.ront yard i.s <br />to preserve some open space or green area. <br />P4r. Li.cht stated that the point of. a variance i.s when a hardshi.p <br />exists. Licht fel.t that the Thomas's were har.d-pressed to show that <br />a har.dship exi.sts to the reasonable use of. the:i.r property. <br />T4r. 0'11ri.en pointed out that the Cop o£ the 4 foot fence would be <br />below the bottom of a 3 1/2 f.oot f:ence that would be allowed in the <br />requi.red front yard. <br />P1r. Porsber~; stated that i.f it were possible to construct a pool <br />without a var.i.ance, that is how it should be done. <br />Mr. Sweeney stated Chat i.t was his opinion that a pool would not f.~all <br />i.nto the same catagory as a terrace. Mr. Pahey stated that the <br />City Council must go by the City Attorney's opinion. <br />Mr. 0'f3ri.en stated that the pool would be more visiUle out ot the <br />Iront ylyd setbadc. Mr. 'Chomas stated that it wi.ll be more exp~nsi.ve <br />to have the pool outside the setback area. <br />Pa~e -14- <br />