06/24/1996 Council Packet - Laserfiche WebLink

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C. That the hardship is not due to economic considerations alone and when a reasonable use of the property exists under the terms of the ordinance. The applicant could consider a smaller sized pool or locating the pool in a different area on the property although it may be more costly. The Council could consider the slope of the land a hardship. D. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Staff is anticipating adoption of the revised zoning ordinance which would eliminate the need for this request. E. That the proposed actions will not unreasonably diminish or impair established property values within he neighborhood. Property values should not be diminished one way or the other - however, that is a subjective statement. F. That the proposed action will be in keeping with the spirit and intent of the ordinance. The intent of the ordinance was to provide a separation between existing neighboring residences and pool equipment. Placement of the pool itself requAres a 10' setback according to the existing ordinance and revised ordinance. For Council information, the applicant has supplied staff with a petition from twelve(12) adjoining property owners, including the owners immediately to the south, indicating no objections to the variance request. The Planning and Zoning Board reviewed this request and recommended approval of the Variance to allow the pool to be set back 10' from the side property line. There was considerable discussion, at a P & Z Work Session, when the recommendation was made to change the pool ordinance and the proposed request conforms to the recommended change. The P & Z did not have an opportunity to review the side yard variance request for 5.5' into the required 30' setback. Staff would recommend denial of this request as the pool may be moved toward the back yard and meet the setback requirement although this may require removal of the existing fencing and a possible retaining wall. 1. Approve Variance request to allow pool construction. 10 feet from side property line and 5.5' within the required side yard setback of 30' with condition that pool equipment be located adjacent to existing dwelling. 2. Approve Variance request to allow pool construction 10 feet from side property line and deny request for 5.5' variance into required side yard setback with condition that pool equipment be located adjacent to existing dwelling. 3. Return to staff for further consideration. .................................... ...................................... Option 2