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Home My WebLink About10-25-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment ZONING BOARD OF ADJUSTMENT MINUTES OF OCTOBER 25, 2007 Members Present: George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, and Gilbert Montemayor (Alt. No.2) Members Absent: Charles Schoppe and Lawrence McNeal (Alt. No 1) City Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and April Carter, Secretary 1. CALL TO ORDER. Chairman Maltsberger called the meeting to order at 6:00 p.m. 2. CONSIDER APPROVAL OF THE JULY 26,2007, MEETING MINUTES. Motion by Rod Rothermel to approve the minutes of the July 26, 2007, meeting, with the following correction to Item 3 B "Proponents": Mr. McKinley and his wife are requesting the variance to allow an above the ground pool within the front yard of the house. The pool would comply with the required minimum 6' setback from an adjacent structure house and the 5' side setback requirement. Second by Gilbert Montemayor. The motion carried. Ayes: Nays: Abstain: Rothermel, Pool, Maltsberger, Capen, and Montemayor None None .. 3. CONSIDER VARIANCE REQUEST #V07-006 FOR THE PROPERTY LOCATED AT 3020 NORTH 23RD STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOTS 1-8, 25-32 BLOCK 673, T.W. LEE SUBDIVISION, RICHARD PEARSALL SURVEY, ABSTRACT NO. 625, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, PHOENIX SERVICES, SEEKS A VARIANCE TO ALLOW THE FENCE IN A REDUCED FRONT YARD SETBACK. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192 (b) (2) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Masood Malik presented Staff's Report. The property owner has requested a variance to relocate a fence 10' off the property line to protect the public from the detention pond and to also have security within the site. Five public hearing notices were mailed to property owners located within 200' of the subject property. No response was received from the mailout. B. PROPONENTS Chairman Maltsberger swore in Carlos Smith, Engineer for the client Phoenix Services. Per Mr. Smith the request for the variance is for the fence be setback 10' off the public ROW to protect the public from detention pond and also to have security within the site. C. OPPONENTS There were none. Motion by Bob Capen to approve Variance Request #V07 -006 for the fence located at 3020 North 23rd Street to be setback 10' off the front property line. Second by Chester Pool. The motion carried. Ayes: Capen, Rothermel, Maltsberger, Pool and Montemayor Nays: None Abstain: None For clarification purposes, Assistant City Attorney, Clark Askins stated Variance request #V07 -006 allows a fence within the existing front yard setback, but no closer than 10' from the property line. Assistant City Attorney, Clark Askins read aloud from section 1 06-196 of the Code of Ordinances which addresses Appeals. 4. ADMINISTRATIVE REPORTS Mr. Malik informed the Board that the next regular ZBOA meeting falls on Thanksgiving Holiday. The ZBOA members changed the next ZBOA meeting date to November 29, 2007. Mr. Malik provided a brief update on the following current developments: · Status of major subdivision and two minor subdivisions along Broadway. Walk thru will be early November; Developers will start building early next year. · Shopping Center & Quality Inn Hotel along Fairmont Parkway at Driftwood are under construction. 5. BOARD COMMENTS There were none 6. ADJOURN Chairman Maltsberger adjourned the meeting at 6:25 p.m. Submitted by, ~~ Secretary, Zoning Board of Adjustment Approved on this ;)..'1 day of 1) ~ ~~~ George Maltsberger - Chairperson, Zoning Board of Adjustment ,2007. OATH OF OFFICE OATH OF OffiCE I, Chester Pool , do solemnly swear (or affmn), that I will faithfully execute the duties of the office of Z 0 n i n g . Boa r d of Adj ustment , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money. or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ~ &~/ Sworn to and subscnbed before me this the November 2007 29th day of ~\\\""I1l/"'II" ~,"~ QENISE C. II~ ~\~\, ......... >1?>~ ~"t' ..~~fV\y PlJe... ~~ ~ ..~*~~..-:s>~ g ... .~ i = : : = = : : = ~~~ ~:E ~ -.. ~~OFP~ ... ~ ~ .. ~ l! . ~ ~ ....'{j"RE~... ~ 'Z ...... ~ ~/I. B.7-201~ 1\'~ IIIIIII"'I""'\\\~ -f!e'd~ No Public in and for the State of Texas , " OATH OF OffiCE I, George Mal tsberger , do solemnly swear (or affmn), that I will faithfully execute the duties of the office of Z 0 n i n g Boa r d of Ad ius t men t , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contrIbute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ~~~. 67-~' t/ ,. Sworn to and subscnbed before me this the 2 9 t h November 2007 day of ~",'\I"""",//1. ~"", ~ENISE C. ~11'.f. ~~~':":~y'p~:.1~~ ~ ~.-l~'\*"" <le/~.~:.t\\ ~..~ '6~;~ .... . . - = : : :: - . . - : . : :: ~ \ ~ ~ .. ~ ~ '. ~~OF~'" ..' ~ ~ ".f:\'PIRE~... ~ "Z ..... ~' ~/I. 9.7-20" 'It."~ 1///'"11""""'''' ~.&w No Public in and for the State of Texas . " OATH OF OmCE I, Charles Schoppe , do solemnly swear (or affIrm), that I will faithfully execute the duties of the office of Z 0 n i n g. Boa r d o fAd ius t men t , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. (!!f:.do ~/I. 1J4ft . p Sworn to and subscnoed before me this the 29 t h November 2007 day of ~"\!.\l'UtHEf/",,,1. ~~~\)~ ,C4l+~ # ~"J,}!VPlJ;", ~~ ~ "~r::,*,, c:f(-6',~ \ ~...'V 'J.~i - . . - = . . = - . . - :: . : :: ~\~ ~..~ ~ ""~OF1€l-" ,0 ~ ~ 0, ~ "cz, 00 ~ ~ ....."MR~ ..- ~ ,.~ ....... ~ ~/" 9.7-2011 '11."" 11'"",,",,\\\\\~ ~fMtu No Public in and for the State of Texas OATH OF OFFICE I, Rod Rothermel , do solemnly swear (or affmn), that I will faithfully execute the duties of the office of Z 0 n i n g Boa r d of Ad i ustmen t , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contnbute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. , 'I ~~/~~/ Sworn to and subscnbed before me this the 29 t h November 2007 day of ~\,\\\\III1""III.' ~,,\O\ OENISE II~ ...~~N ~\..~...... C-1,^~~ :lo..' '..' Y "J~' 'T."~ ~ ..,~, ""v~"'~~ .::f '~*r.&.~~ ~ ... t" e. ~ .::. ::: - . . - = : : = =~d1.. :::: ~.-~ ~.;: ~ '. ?l:OF.-.l.." .' ~ ~ .. J::i, \ ~r._ ~ ~ ........(P/RE.S ..' ~ ~ f)....... ~' ~/I. .:r-7.al11 ~,'~ ~III"'I/II\\I\\\\~ ~~ No Public in and for the State of Texas OATH OF OffiCE I, Bob Ca Den , do solemnly swear (or affIrm), that I will faithfully execute the duties of the office of Z 0 n i n g Boa r d of Ad ius t men t , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. 'K Ck'~~ , Sworn to and subscnoed before me this the 29 t h November 2007 day of ~,,\\"~~IYH~/"'I~ ~~,:~...&y.P.~~.t,lf~ ~ ~ ..",\I'l' <18/ :....~ ~ ;;:: ..~.....*v~.~r ~ .:::: . . -..." :: : ~ : - . . - ; : : ~ .::: : tA.. : ~ ~ . -~ ~~.;:: ~ -.. AJ~OF"r" ..- ~ ~ ",!XPIR~~." ~ ~ ....... ~ ~/I, 9-7-201'\ ~\~~ j///I""III""\\'~ ~~ Notary blic in and for the State of Texas , 'I STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Canst. art. XVI, Sl(b), amended 2001) I, Chester Pool . do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. November 29, 2007 Date -121) ~ature ~ Zoning Board of Adiustment Position to Which Elected/Appointed Houston/Harris City and/or County Form No. 2201 STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Canst. art. .XVI, ff1(b). amended 2001) I, George Mal tsberger , do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. November 29. 2007 Date ~~~ Affiant's Signature Zoning Board of Adjustment Position to Which Elected/Appointed Houston/Harris City and/or County Form No. 2201 STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Const. art. XVI, 91(b), amended 2001) I, Charles SchopDe , do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. Novpmhpr ?q, ?007 Date ~~>g?!i!:Llrt Zoning Board of Adiustment Position to Which Elected/Appointed Houston/Harris City and/or County Form No. 2201 STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Const. art. XVI, ~1(b), amended 2001) I, Rod Rothermel , do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. November 29. 2007 Date Q~~-/ Affiant's Signature Zoning Board of Ad;ustment Position to Which Elected/Appointed Houston/Harris City and/or County Form No. 2201 STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Canst. art. XVI, ff1(b), amended 2001) I, Bo b Capen , do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAllE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. November 29, 2007 Date 1(?: &p~ Affiant's Sig;.ature Zoning Board of Adjustment Position to Which Elected/Appointed Houston/Harris City and/or County Form No. 2201 #V07-007 VARIANCE FOR SWIMMING POOL AT 10926 MESQUITE DRIVE EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A - AERIAL EXHIBIT B - AREA MAP EXHIBIT C - SURVEY EXHIBIT D - SECTION 106-748, CODE OF ORDINANCES Staff Report November 29, 2007 Variance Request #V07-007 Requested by: Requested for: Location: Zonim!: Baclmround: Mark and Yvonne Fisher, property owners Block 11; Lot 9; Fairmont Park East, Section 2 10926 Mesquite Drive Low-Density Residential (R -1 ) The applicants, Mark and Yvonne Fisher, are requesting approval to construct a swimming pool at 10926 Mesquite Drive in Fairmont Park East, Section 2. The Harris County Appraisal District (HCAD) record shows that the house was built in 1984, with 6,900 square feet ofland area and 1,861 square feet of total living area. Lot dimensions are North 60', South 60', East 116', and West 116' with 16' wide utility easement in the rear. In addition, there is a 120' wide RC.F.C.D. drainage channel to the south of the subject lot. The applicants approached the City for a building permit to construct a swimming pool in the back yard. The design of the swimming pool, as proposed by Blue Haven Pools, is in compliance with applicable City ordinance requirements, but would need to be constructed a maximum of 8' wide to avoid interfering with required setbacks from the house and utility easement. As per ordinance, a minimum of 3' setback from 16' utility easement in the rear yard and 6' setback from the primary structure are required in order to build a swimming pool. The applicants contend that an 8' wide pool is not feasible. Therefore, they are asking the Board consider granting a variance for constructing a pool with 4'setback from the house and none from a utility easement in the rear to accommodate a desired layout of the swimming pool. This will yield the pool to be at least 13' wide (see layout attached). The plan, however, meets a 5' setback from either side of the property lines. Per Section 106-748 of the Code of Ordinances, minimum setbacks for a swimming pool 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. . . Board of Adjustment November 29,2007 V07-007 Page 2 of3 Analvsis: The pool as desired would not comply with the Code of Ordinances with reduced setbacks from the primary structure and utility easement in the rear yard until a variance is granted. As per proposed layout, only a portion of the pool and deck fall into the required setback from the house and abuts the utility easement in the rear yard. As previously stated, side yard setback would be in compliance with the ordinance. The applicants are requesting a variance as follows. o Allow a portion of the pool and deck to be located off 4' from the house (a relief of 2 'setback). o Allow the pool to be located abutting a utility easement in the rear yard (a relief of 3' setback). The Code of Ordinances defines a variance as a deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the zoning ordinance would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. a) That the granting of the variance will not be contrary to the public interest; b) That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and c) That by granting the variance, the spirit of the chapter will be observed. Board of Adjustment November 29, 2007 Y07-007 Page 3 of3 Conclusion: Appeals: The Board must decide if the applicant's request for constructing a swimming pool with reduced setbacks in the rear yard of the house is reasonable. The Board is charged with deciding whether all of the above stated conditions have been met. Staff s review of the property in question does indicate an "unnecessary hardship" relating to the property due to an extraordinary or exceptional physical situation unique to this specific piece of property. The grounds for relief stated by the applicant are as follows: ~ Unable to place the pool in any other location or not to encroach upon the 16' utility easement. ~ The pool is needed for physical therapy use as well. While the reasons for the variance relating to the size and shape of the pool do strictly conform to "unnecessary hardship relating to the property itself' the exclusive use physical therapy required by the applicant may be taken into consideration when rendering a decision. While recognizing the circumstances associated with the property, the Board may consider: · Allowing a proposed pool to be located off 4'in lieu of 6' setback from the house and zero setback in lieu of 3' from the utility easement in the rear yard, to accommodate intended design (variance granted). · Deny the variance for the pool to be located within the above setbacks. As per Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment. CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT VARIANCE REQUEST Application No.: V 0' l -0 0 I J OFFICE USE ONLY: Fee: $150.00 Date Received: 'b ,~q- ~ i Receipt No.: '0 LflfO Note: This Fee is Non-Refundable Regardless of the Board's Decision Applicant: jJ\ Cd k~" V" lilt "Uv--h~ l.t-<> V- I Name \ cJCj Z VI A)J ~q~l I \^- Address L t~J=1~ ~ 1~ lIS.~7 I lSl ( yl 0 7_".1 () --7 Phone I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner": ~~ork ~ -'Iv [)j-l/).l"' ..r;~ ") QV Name I 0("(2 l~ ~R ~ Ql\ I ~. Address t j\ \~(~1~ -r-l~) 7/ '28 i- \./70 2\lO ) Phone Lal" BLocfc of the City Zoning regulations Chapter 106 of the I Del Z L: f\/u ~ (" \J ,k I ..street Add~ss .\,...- 0. \ y fnOr-J -r PI C f.As:r S Q CTI (j.-J I am requesting a variance to Sect. Code of Ordinance. I am requesting this variance for property located at q Legal Description id- ~ ("ySite Plan ( ) Major Development Site Plan ( ) Minor Development Site Plan ( ) General Plan A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The type ofreliefl am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am making this request. · If appHcant ;, NOT the own.., he mn,t prov;de Anthonzation ~n the Owner', behalf -l J t J L ~ /14? .-j ---1M.a~.k-i1>:- Date Applicant's Signature Office Use Only Site Plan and Authorization (if applicable) attached? Yes () No () Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Notice to surrounding property owners- Date: Board's Decision: Approved ( ) Denied ( ) Notice of Boards Decision mailed to Applicant/Owner: 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 ofthe Zoning Ordinance must result in a hardship. This hardship must be unique to the property in question. Property that is undevelopable due to its unusual shape, narrowness, shallowness, or topography constitutes the primary example of hardship. Hardships that are financial in nature or due to the owner'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 zone in question may be granted. For example, a variance allowing a commercial use in a residential zone is not allowable. 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: Dl}V" rQ~l,LQ~T +&- 0-- V o.:y 1'(;.. () CJ., 1 S r Q) NO-I Ca0Tl2 ~ 1- Tn t=U B LI c INTI fU.) 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Any user of this map product accepts the same AS IS, WITH ALL FA UL TS, and assumes all responsibildy for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, or liabildy arising from any use of the map product. Independent verification of all information contained on this map should be obtained by the end user. City of La Porte 604 W Fainnont Parkway La Porte, TX 77571 (281) 471-5020 www/aportetx.gov La Porte GIS Mapping EXHIBIT 1 " equals 47' 9 ~ .i .. '" \ i \ ..... Ii ~ I ~ \ ~ \ ..... Ol \~\i\~\~ o \ ~\ ~ I ~ \ ~ \ 0 \ 0 \ ~~ ~ 0 0 Oi Oi ~ Ol Ol Ol le ~ ~ ~ ~ ~ ~ ,,<0 0 0 0 0 0 ~ ~ ~ ~ ~ c.o~ T""" "C"""' T""" c.o ~ BIRCH DR - N .q- '" co 0 N .q- '" co 0 N .q- '" co 0 - 0 0 0 0 ~ Oi ~ Oi Oi N N N N N '" Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol I '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ --- 0 ~U*- ~ ~ """""" ~ 8 LO ..... Ol ~ '" LO ..... Ol ~ '" LO ..... 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LO v.> ii2 0 0 co 00 N N '" '" N N N 00 0 0 '" N co co 3821 co co co co co co N 3821 C ~ ~ f-- -..j '" '" '" '" '" '" '" '" v.> ~ ~ :! co \ C') I--- r---- 0 '" <- co 0 C') -- 3R1i '--- 10943 0 - --- FAIRMONT PKWY ----- EXHIBIT ~ 106-744 LA PORTE CODE (d) A bed and breakfast shall be allowed one sign, not exceeding three square feet in area and nonilluminated. This sign may be either mounted on the building or located in a landscaped portion of the yard. Yard signs shall be located in accordance with the provisions of article VII of this chapter. Sec. 106-745. Commercial-industrial accessory structures and uses. Structures and buildings accessory to commercial or industrial principal uses shall meet all setback and height requirements of the district they are in as if they were principal structures. Accessory buildings or structures shall not exceed 30 percent of the gross floor area of the principal use. Sec. 106-746. Location of truck terminals restricted. Truck terminals, as defined in section 70-211, shall only be located in areas directly adjacent to the right-of-way of the truck routes specifically designated in section 70-231. (Code 1970, ~ 25-84) Sec. 106-747. Coin-operated machines. All sites for coin-operated machines as defined in section 10-31 must be greater than 300 feet from any public or private school, any hospital or any church. (Code 1970, ~ 4l/2-4(b)) Cross reference-Coin-operated machines, ~ 10-31 et seq. Sec. 106-748. Swimming pools, spas, and hot tubs. No swimming pools, spas, or hot tubs shall be erected or located in any required yard except in accordance with the following provisions: (1) Setbacks. Pumps, Filters, Spas I Hot Heating Pools Tubs Decks Equipment Separation from adjacent structures 6' N/A N/A N/A Side setback 5' 5' 2' 2' Rear setback 5' 5' 2' 2' Setback from utility easement 3' May not May not May not encroach encroach encroach Front setback See section See section See section See section 106-771(2) 106-771(2) 106-771(2) 106-771(2) (2) Fences. Swimming pools, spas, and hot tubs shall be enclosed within a fence at least four feet in height. Fences shall comply with all requirements of the currently adopted Supp. No. 14 CD106:84 EXH1BIT l\ L.,~ d - ..... = ~ ~ e ..... rfJ - 0 ~ ..... = "'0 ...., "C v -< .!:j ~ eo. 0"' = t""- v "C bf) = l-< rfJ $., = = ..... = ... N "'0 = $., ... l-< = =c:l'I C'l ~N 0 bf) = $., ~ = ~ rfJ ... ~ ..Q :B =... e =- N.g~ p..., ~ ~ ~ ..0 1: Z "'0 v = l-< ~ v "'0 = ..... rfJ ..;j t:i 0 eo. u = OJ:) ~ t:i ..... ... v U ..0 E v ..... ..... t:i C'l 4-< 0 = 0 ~ ~ .S ....:<: C'l v 0... rfJ 0 ..... 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