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<br />Board of Adjustment <br />July 26, 2007 <br />V07-005 <br />Page 2 of3 <br /> <br />Analvsis: <br /> <br />The pool would comply with nnmmum 6' setback from adjacent <br />structure/house and 5' side setback requirements; however the applicants <br />are requesting a variance to allow an above ground pool be located within <br />the front yard of the house. <br /> <br />The Code of Ordinances defines a variance as a deviation from the literal <br />provisions of the chapter which is granted by the Board when strict <br />conformity to the zoning ordinance would cause an unnecessary hardship <br />because of the circumstances unique to the property on which the variance is <br />granted. <br /> <br />Except as otherwise prohibited, the Board is empowered to authorize a <br />variance from a requirement when the board finds that all of the following <br />conditions have been met. <br /> <br />a) That the granting of the variance will not be contrary to the public <br />interest; <br /> <br />b) That literal enforcement of the chapter will result in unnecessary <br />hardship because of exceptional narrowness, shallowness, shape, <br />topography or other extraordinary or exceptional physical situation <br />unique to the specific piece of property in question. "Unnecessary <br />hardship" shall mean physical hardship relating to the property itself as <br />distinguished from a hardship relating to convenience, financial <br />considerations or caprice, and the hardship must not result from the <br />applicant or property owner's own actions; and <br /> <br />c) That by granting the variance, the spirit of the chapter will be observed. <br /> <br />The Board must decide if the applicant's request for constructing a <br />swimming pool within the front yard of the house is reasonable. The Board <br />is charged with deciding whether all of the above stated conditions have <br />been met. <br /> <br />Staff's review of the property in question does not indicate an "unnecessary <br />hardship" relating to the property due to an extraordinary or exceptional <br />physical situation to this specific piece of property. However, unique <br />circumstances do exist with the amenities associated to this property. <br />