04-28-1994 Public Hearing and Regular Meeting ZBOA

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Page 5 of 7 Zoning Board of Adjusttnent Minutes of April 28, 1994 A motion was made by Sidney Grant to deny Variance Request V94-004. The motion was seconded by Bob Capen. The motion was defeated by a vote of 2-3. Members voting against the motion were Charles Christensen and Chairman Bernay; voting in favor of the motion to deny the variance request were Bob Capen, Willie Walker and Sidney Grant. In order to approve a variance request, the Zoning Ordinance requires four atrmnative votes for approval. Since there were not 4 votes in favor of the granting the variance, the request was denied. V. CONSIDER VARIANCE REQUFST V94-00S, REQUFSTED FOR 3209 OLD mCKORY FOR THE PURPOSE OF ALWWING CONSTRUCTION OF A SWIMMING POOL WITH REDUCED SETBACKS ADJACENT TO HOUSE AND UTILITY EASEMENT. Mr. Lewis stated that this request was made for 3209 Old ffickory in Fairmont Park. The request is being made by Dr. Reed Tolles, property owner. The purpose of the request is to allow for the construction of a backyard swimming pool with a setback of 4 feet adjacent to the home and a 0 setback adjacent to the rear utility easement. Mr. Lewis added that 18 public notices were mailed and 4 were returned in favor of the request. There were no replies received in opposition. Mr. Lewis stated that the property in question backs up to a pipeline corridor. An entire 20 feet of easement is located in the rear yard. It is more typical to see 16 foot utility easements is subdivisions such as this, rather than 20 foot easements. Staff feels that this unusually large easement presents a hardship to the owner. Staff feels that with careful pool design and engineer design, this variance will observe the spirit of the Zoning Ordinance. Staff recommends approval of the variance request with the following conditions: . No portion of pool or permanent deck structure shall encroach into the utility easement.