05-28-1987 Public Hearing and Regular Meeting ZBOA

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. .. ~- PAGE 2 A variance is a "deviation from the literal provisions of the Zoning Ordinance". The City's Board of Adjustments may NOT grant a variance that does not meet all of the following conditions: 1) The variance must not be contrary to the public interest. 2) ;Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship must be unique to the property in question. Property that is undevelopable due to its uJ!Y::3ui31_::3!19.p_~,_}1a.rrown.ess, shallowness, or topography con- sti tutes the primary example- of hardship. Hardships that are financial in nature or due to the Qwner's actions cannot be granted. 3) Granting the variance must not violate the spirit of the Zoning Ordinance. 4) No variance that allows a use that is prohibited within the Use z~ne in question may be granted. For example, a variance allowing a commercial use in a residential zone is not allow- able. Please-remember it is the Applicant's responsibility to prove that a variance will meet the above conditions. ~ ----- If there is not adequate room on the remainder of this form to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: ;' A pennit -to build a swinrtrlng pool was refused by the city on March 31, 1987. The stated reason,-that the pool was closer than 6' fran the house, was part of a recently enacted building code revision. If forced to maintain 6' distance, it will not be possible to obtain the swimning pool. The pool will only be 10 1/2' wide with the 3' distance fran the house we are requesting. Any less distance (width) will result in an unuseable pool. ..