HomeMy WebLinkAbout545-BA
DATE: November 2,
2006
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the minimum swimming pool setback
requirement from
5' to 2'.
FILE: 545-BA
STAFF REPORT
Philip Hayhurst is requesting a variance to the minimum swimming
pool setback requirement from 5' to 2' for a 15' diameter
above-ground swimming pool at 2500 Angelina.
Upon receiving a complaint about the installation of a hot tub and the
pool, staff investigated. The pool is located 2' from the east property
line along Duperier Street.
The Zoning Ordinance states that a pool may be located anywhere on
a premises except in the required front yard, provided that the pool
and pump and filter installations must be located no closer than 5' to
any property line of the property on which it is located. Mr.
Hayhurst states that if he moved the pool an additional 3' from the
property line, the pool would then be against the house. As per the
site plan, the pool is located in the only part of the yard that allows it
to be any distance off the property line. The pool is enclosed by an 8'
tall wood privacy fence.
The applicant shall have the burden of proof to demonstrate that all
three conditions necessary for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 24 .
Responses in Favor . Responses in Opposition
.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Philip Hayhurst
PROPERTY OWNER: Same
LOCATION: 2500 Angelina
LEGAL DESCRIPTION: Lot 18 and the east 2 of Lot 17,
Block 12, Oaks Addition
EXISTING ZONING: RS (Residential Single Family
Dwelling) District
PROPERTY SIZE: 0.24 acres, more or less
EXISTING LAND USES: Single Family Residential
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RS (Residential Single Family Dwelling) District
EAST: Residential RS
SOUTH: Residential RS
WEST: Residential RS
COMPREHENSIVE PLAN: Conservation and
Revitalization
OTHER PHYSICAL
FEATURES: None
STREETS: Angelina Street - Local street with
a 60' wide right-of-way and a 30'
pavement width; Duperier Street -
Local street with a 50' wide
right-of-way and a 16' pavement
width.
DRAINAGE: Angelina Street - Curb and gutter;
Duperier Street - Open ditch
WATER: 8" water line
SANITARY SEWER
SERVICE: 6" sanitary sewer line