01-27-2000 Regular Meeing and Public Hearing

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Board of Adjustment February 24, 2000 #A 00-001 Page 2 of3 Analvsis: The pool proposed by the applicant (See Exhibit A) would comply with the required side setbacks and the deck placement requirement; however, it would not comply with the required setback from the house or utility easement. o Allow the water's edge of the pool to be 5' off the house instead of the city's standard 6' setback. (1' reduction) o Allow the water's edge of the pool to be l' -1 ~" off the utility easement instead of the city's standard 3' setback. (1 '-10 W' reduction) In describing the action of appeal, the Code of Ordinances states: In exercising the powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The Board must find the following in order to grant an appeal. a) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. Current regulations may be unreasonable and/or excessive based on the typical size of the lots in today's subdivisions. Staff did a telephone survey of the two cities referenced by the applicant (See Exhibit B) and found their regulations are less restrictive. The information will be utilized in evaluating whether current city's regulations should be reduced b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. Should current regulations be changed, the proposed pool placement would comply with the revised setbacks being considered by the City of La Porte.