06/12/1996 P&Z Packet - Laserfiche WebLink

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AGENDA ITEM V I STAFF ORIGINATOR Mary Kay Wyland DATE June 6, 1996 TOPIC 96-21-V, Gary Sandahl, 478 Lonesome Pine, Variance Mr. Gary Sandahl is requesting a Variance from Section 4, Subd. 31 Swimming Pools (1) (D) which states: The pool filter unit, pump heating unit and any noise making mechanical equipment shall be located at least 35 feet from any adjacent or nearby residence and not closer than 10 feet to any lot line. The Planning and Zoning Board may recall that the proposed Zoning Ordinance has been modified under the swimming pool section by deleting the "35 feet from any adjacent or nearby residence" reference but keeping the 10 foot setback requirement. The proposed pool is currently located in a position that does not allow the property owner full view of the pool area from the kitchen area of the home as it must be located 25' from the property line to maintain a 35' distance from the adjoining residence. The applicant would like to locate the pool 10' from the side property line which would place it 20' from the adjoining residence. This would require a variance of 15' from the existing ordinance. No variance would be required if the proposed ordinance were approved as revised: For your information, the applicant does intend to locate the pool equipment adjacent to his existing residence. The Findings of Fact to consider in review of a Variance application include the following. A. That the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. The pool could be located within the required setback, however, full view would not be available from within the home. B. That the plight of the landowner is due to circumstances unique to his property not created by the land owner. There are no unique characteristics to this reques t . 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 al though it May be more costly.