10-12-00 Zoning Board of Adjustments minutes

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Staff Report March 22, 2001 Appeal of Building Official's Decision #A 01-001 Requested by: Priscilla Mora, property owner Requested for: 10942 Fairwood Block 39; Lot 1; Fairmont Park East, Section 4, Phase 4-C Back2round: A swimming pool design proposed by Backyard Amenities, if placed on the lot in question, would not comply with current city zoning regulations. The applicant submitted a site plan showing the location of the proposed pool; however, conflicts with city regulations regarding setbacks required staff to deny the permit. The conflicts deal with placement of the pool with relationship to the house and utility easement. The applicant believes reducing the size of the pool would leave it inadequate for her family's needs. To resolve these issues, she has requested an Appeal of the Building Official's Decision # AO 1-00 1. The current city regulations for a swimming pool are found in Section 106- 748 and are as follows: · Measuring from the water's edge of the pool, a 6' setback from any adjacent structure is needed. · Measuring from the water's edge of the pool, a 3' setback from a utility easement is needed. · Measuring from the water's edge of the pool, a 5' setback from the side property lines is needed. · A deck (walking area) around the pool may abut a utility easement but may not encroach. The pool proposed by the applicant (See Exhibit A) complies with the required side setbacks and deck placement requirement; however, it does not comply with the required setback from the house or utility easement. The applicant is requesting the following: [J Allow the water's edge of the pool to be 5' off the house instead of the city's standard 6' setback. (Allow a l' reduction.) [J Allow the water's edge of the pool to be l' off the utility easement instead of the city's standard 3' setback. (Allow a 2 ' reduction)