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HomeMy WebLinkAbout2007.05.24 BOZA MinutesMINUTES HUGO BOARD OF ADJUSTMENTS AND APPEALS MAY 24, 2007 Chairperson Schumann called the meeting to order at 6:30 p.m. PRESENT: Brunotte, Schumann ABSENT: Puleo ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Rachel Simone, Associate Planner Michele Lindau, Community Development Assistant Minutes of May 10, 2007 Brunotte made motion, Schumann seconded, to recommend approval of the minutes of May 10, 2007 as submitted. All Ayes. Motion carried. Hanson Variance for Pool and Decking Setback The Board considered the request of Patrick Hanson, 5971 Egg Lake Road North, for a variance from the rear yard setback for construction of a deck and pool. The Associate Planner explained the applicant wanted to construct the deck 10 feet from the rear property line where 30 feet was required by ordinance. The 32 x 40 foot deck would encompass a 16 X 32 foot pool and would be attached at the ground level of the home. The property is at a slight slope; therefore, the deck would range from one foot to three feet above grade, as it is built towards the rear property line. The pool would be flush with the deck and will be partially underground. A deck had existed 18 feet from the rear property line but had been removed by the applicant. At the time the deck had been constructed, ordinance allowed it to encroach into a rear setback three feet from the property line as long as it was at ground level of the principal building All Ayes. Motion carried. The Board asked if notices had been sent to neighboring property owners and if we received any phone calls or letters. The Associate Planner said notices had been sent, and no letter or calls were received by staff. The applicant was present and indicated he wanted a deck to encompass the pool for safety reasons and ease of maintenance. He did not want to fence in the entire yard but would fence Board of Zoning Adjustments Meeting May 24, 207 - page 2 around the deck. He felt his situation was unique because the home was built in the 1980's closer to the rear property line than was necessary. He understood why the setbacks had since been increased, but he wanted to enjoy his property. Schumann asked if he had considered any other pool designs. The applicant said he had considered smaller pools but would encounter some of the same problems. Brunotte asked how high the fence would be and how deep the pool would be. The applicant said the fence would be as high as was required, and the pool would be 48 inches of water, possibly could be sloped down to be flushed with the deck. Brunotte indicated he had no problem with the pool if it was surrounded by a fence and the footings were secure. Schumann made motion, Brunotte seconded, to recommend approval of the variance for a pool and deck at 5971 Egg Lake Road North. All Ayes. Motion carried. Adiournment Brunotte made motion, Schumann seconded, to adjourn at 6:42 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Board of Zoning Adjustments