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HomeMy WebLinkAboutZ-7641 Staff AnalysisMAY 26, 2004 ITEM NO.: 9 File No.: Z-7641 Owner: Chris and April Sanders Address: 2205 Sawgrass Drive Description: Lot 98, Phase III, Pebble Beach Estates Zoned: R-2 Variance Requested: A variance is requested from the easement provisions of Section 36-11 to allow a swimming pool to be located within an easement. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single-family residential Proposed Use of Property: Single-family residential STAFF REPORT A. Public Works Issues: A pool is proposed to be located in a platted easement. Public Works does not currently have any drainage structures located in this easement. B. Staff Analysis: The R-2 zoned property at 2205 Sawgrass Drive is occupied by a one- story brick and frame single family residence. There is a two -car driveway from Sawgrass Drive which serves as access. The property slopes downward from front to back (south to north). There is a 20 foot wide easement located along the rear (north) property line. The applicants propose to construct an in -ground swimming pool near the northwest corner of the property. The pool would be located 8 feet from the rear property line, 5 feet from the west side property line and be separated from the house by 11 feet (6 feet from a deck step structure). The majority of the pool would be located within the 20 foot wide easement which runs along the rear property line. The pool will occupy approximately 15 percent of the required rear yard. A maximum 30 percent coverage is allowed by ordinance. A short retaining wall (approximately 2.5 feet in height) will be constructed along the north MAY 26, 2004 ITEM NO.: 9 side of the proposed pool. There will be a concrete slab (at grade) surrounding the pool structure. Section 36-11 (f) of the City's Zoning Ordinance requires that proposed building encroachments into existing easements be reviewed and approved by the Board of Adjustment. Therefore, the applicants are requesting a variance to allow the proposed pool to be constructed within the 20 foot easement. Staff is supportive of the requested variance. The applicant has submitted letters from all of the public utility companies to staff. None of the utility companies object to the proposed pool construction. Additionally, Public Works notes that there are no drainage structures located within this easement. Staff feels that the pool construction will have no adverse impact on the adjacent properties or the general area. The proposed pool conforms to all of the ordinance required minimum setbacks. C. Staff Recommendations: Staff recommends approval of the requested easement encroachment variance, as filed. BOARD OF ADJUSTMENT: (MAY 26, 2004) The applicant, Chris Sanders, was present. There was one objector present. Staff presented the item and a recommendation of approval, as filed. At the applicant's request, the objector was asked to speak first. Dixie Whitfield spoke on behalf of her parents, the Littles, who live at the bottom of the hill behind the applicant's property. She presented photographs showing various types of drainage and water issues on her parent's property. She stated water from the applicant's property and other neighboring properties flows downhill and into her parents' house. Ms. Whitfield voiced concern that construction of the pool and alteration of the applicant's property could worsen the flooding problem. She stated there were run off problems even at the time the applicant's home was being constructed. Ms. Whitfield stated a leak in the pool could flood her parents' home. She stated a heavy rain could cause the pool to over fill and flood. Ms. Whitfield voiced concern about her parents' loss of privacy if the pool and deck were elevated. 2 MAY 26, 2004 ITEM NO.: 9 (Cont. The applicant, Chris Sanders, stated this was the first he had ever heard of the Little's water issue. He stated he would be building a retaining wall to level the rear yard, slowing down the flow of water. Mr. Sanders stated he would utilize a Landscape Architect to help address the screening and privacy concerns. Mr. Sanders stated he would construct a 3 foot wide deck around the pool and might move the pool close to the house while maintaining he required 6 foot separation. In response to a question from Chairman Gray, Mr. Sanders stated he would obtain all required permits and would comply with all applicable City Codes. Mike Hood, of Public Works, responded to the questions about drainage. He stated his staff had been to the site. Mr. Hood commented that it was a steep site and he didn't doubt that the neighbor was "getting some water." He stated it appeared the Little's builder did not adequately prepare for development of the lot. Mr. Hood stated the City dealt with public water issues and this was a civil matter between property owners. He stated no grading permit would be required to build on this lot. In response to a question from Debra Harris, Mr. Sanders stated he would have a 6 foot fence on top of a 2 Y2 foot retaining wall. He stated he would work with the Little's to address their concerns, as best he could. Chairman Gray commended Mr. Sanders for offering to work with his neighbors. He asked Mr. Sanders to pay close attention to the details of construction of the pool to minimize any impact on his neighbors. Terry Burruss stated moving the pool over 4 feet, as Mr. Sanders suggested, could give some room to provide drainage improvements. Mr. Burruss voiced his support for the proposal. Andrew Francis recommended Mr. Sanders to comply with applicable City codes and urged him to work with his neighbors. Ms. Whitfield asked that detailed plans be submitted on the pool and drainage. Chairman Gray responded that the scope of the Board's review was limited and did not include what she was requesting. A motion was made to approve the application, as filed. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent. 3