07/11/2001 P&Z Packet - Laserfiche WebLink

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• • AGENDA ITEM VI. B STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: July 11, 2001 TOPIC: - Variance From Road Setback - Variance To Allow 6' Fence Along Rear Yard Abutting Front Yard of Neighbor Gerald & Geraldine Ramsay 1168 Ruffed Grouse Court BACKGROUND Mr. & Ms. Ramsay require a variance to allow a pool that does not meet the required 30' setback from the right of way of Ruffed Grouse Road. The Ramsays also want a six -foot fence around the pool. The City's zoning ordinance states that a fence can only be four feet high when it would be along the neighbor's front yard. This is the reason for the second variance request. This report is based on the 5/7/01 building permit application for the pool, which shows the approximate location of the pool drawn by hand on a 3/29/94 Surveyors Certificate of the property by Hy -Land Surveying. ANALYSIS Setback Variance: The Ramsays applied for a permit in May to build an above- ground pool. The first proposal was to put the pool in the middle of the back yard. However, this was not allowed because the yard slopes to a "V" in the middle and drains through the middle of the yard. A pool in the originally proposed location would block drainage and water would back up to the house. The Ramsays then proposed to put the pool over on one side of the yard. This was an appropriate location for drainage purposes. Engineering and building inspections approved the permit and the Ramsays built the pool. The pool is approximately 20 feet from the right of way. Belatedly, inspections staff recognized that the pool didn't meet the required setback from a road, which is 30 feet for all structures. (Pool shall not be located within any required front or side yard setback. Sec. 3 Subd. 4.D.3.3)) Staff is processing this variance at no charge to the Ramsays because of the oversight.