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• <br />STAFF ORIGINATOR: <br />C. C. MEETING DATE: <br />TOPIC: <br />AGENDA ITEM 7 A <br />Jeff Smyser <br />October 8, 2001 <br />Resolution 01 -162 Denying Variances <br />- Variance From Road Setback <br />- Variance To Allow 6' Fence Along Rear Yard <br />Abutting Front Yard of Neighbor <br />Gerald & Geraldine Ramsay <br />1168 Ruffed Grouse Court <br />VOTE: 3/5 vote for variances <br />BACKGROUND <br />This item involves two variances: a pool setback from a road and the height of a fence <br />along a neighbor's front yard. The Ramsays received a permit to construct an above- <br />ground swimming pool. Belatedly, City staff recognized that the pool didn't meet the <br />required setback from a road, which is 30 feet for all structures. The pool is about 20 feet <br />from the right of way. <br />The second variance involves a proposed fence around the back yard and pool. The <br />Ramsay's lot fronts on Ruffed Grouse Court. Their rear lot line is the side lot line of <br />their neighbors' house, which fronts on Ruffed Grouse Road. The zoning ordinance <br />prohibits a front yard from being closed in by a neighbor's six -foot fence along that <br />neighbor's back and side yards. <br />The City Council should take action tonight to stay within the legal deadlines for action. <br />ANALYSIS <br />Setback Variance: The Ramsays applied for a permit in May to build an above- <br />ground pool. The first proposal was to put the pool in the middle of the back yard. <br />However, this was not allowed because the yard slopes to a "V" in the middle and drains <br />through the middle of the yard. A pool in the originally proposed location would block <br />drainage and water would back up to the house. The Ramsays then proposed to put the <br />pool over on one side of the yard. This was an appropriate location for drainage <br />purposes. <br />• <br />