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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