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HomeMy WebLinkAbout547-BA DATE: November 2, 2006 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances to the minimum front yard building setback requirement from 15' to 12.51', from the minimum swimming pool setback requirement from 5' to 4' and from the minimum pool pump and filter installation setback requirement from 5' to 2' FILE: 547-BA STAFF REPORT Jacob and Heather Walton are requesting variances to the front yard building setback requirement from 15' to 12.51', from the minimum swimming pool setback requirement from 5' to 4' and from the minimum pool pump and filter installation setback requirement from 5' to 2'. The Waltons are selling their house and the buyer is requiring that the setback encroachments be dealt with. The house and pool were built prior to the Waltons purchasing the house. The Zoning Ordinance states that the minimum front yard building setback for lots on a cul-de-sac is 15'. The Zoning Ordinance also states that the minimum setback for a swimming pool and the pool pump and filter installation is 5' from any property line. 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 19 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jacob and Heather Walton PROPERTY OWNER: Same LOCATION: 3520 Charleston LEGAL DESCRIPTION: Lot 11, Block 3, Barrington Heights Addition, Phase II EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.14 acres, more or less EXISTING LAND USES: Single Family Residence FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: None STREETS: Charleston Lane - Local street with a 50' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line