Board of Adjustment

BOARD OF ADJUSTMENT Regular Meeting DATE: October 18, 2023 TIME: 5:00 p.m. PLACE: City Council Chambers, City Hall PRESENT: Buege, Conway, Krofchalk, Murphy, Sanchez, Slavey ABSENT: Breza Chairman Sanchez called the meeting to order at 5:05 p.m. The minutes from the Board’s October 4, 2023, meeting were approved by Jon Krofchalk and seconded by Aaron Slavey. All were in favor of approving the minutes. Chairman Sanchez opened the public hearing and read the petition: Petition No. 23-18-V, John Alexander John Alexander – City Code Section 43.03.79(O)(5): Which requires a setback of 20 feet (20’) from the property line for any private swimming pool pump and filter installations. The applicant is proposing a pool pump setback of 11 feet (11’). Property is described as R-1 zoning, Sect-33, Twp-107, Range-007, SKYLINE SUBD, Lot-012, Block-003, or at 1352 Skyline Drive. Chairman Sanchez read letters that were emailed to the Board of Adjustment. Linda Alexander, 1347 Skyline Drive, who lives across from the property at 1352 Skyline Drive, says she was in favor of the pool pump and didn’t see any issues with the variance request. Charles & Jacqueline Alexander, 1364 Skyline Drive, were in favor of the variance request. Michelle Alexander, 1358 Skyline Drive, was in favor of the variance request. Chairman Sanchez asked if there was anyone present to speak for or against the proposed variance. There being no one who desired to speak, Chairman Sanchez closed the public hearing and opened it up for discussion. BOARD OF ADJUSTMENT MINUTES October 18, 2023 PAGE 2 Tom Conway commented about living next to a nail salon and he said they use a vacuum cleaner for grinding nails which you can hear all the time and a car wash that is across the street that is very loud. Mr. Conway asked if it could be stated that the pump is kept quiet. Jon Krofchalk said he has a pool pump, and you can barely hear it. Aaron Slavey said he asked the applicant what the brand of the pump was and after looking it up, he read that it was a very quiet pump and it’s equivalent to the sound in a library, so very quiet. Tom Conway said he was satisfied with hearing that it was a quiet pump. The Board went through the variance finding questions as considered by Staff. 1) Is the variance in harmony with the purpose and intent of the ordinance? The intent of the ordinances in question is to ensure adequate clearance and access to pool pump and filtration installations and to ensure no nuisances are generated that may bother neighboring properties. The Board agreed yes, residential use and the neighbor’s supported it. 2) Is the variance consistent with the Comprehensive Plan? The variance does not affect the land use as dictated in the Comprehensive Plan. The Comprehensive Plan’s future Land Use map designates this property as Low Density Residential which will not be affected by the proposed pool filtration and pump location. The Board agreed, no changes. 3) Does the proposal put property to use in a reasonable manner? The R-1 zoning district encourages residential uses consistent with the comprehensive plan’s land use designation in this area, which is Low Density Residential. The ongoing and proposed use of the property is a reasonable use of the property. R-1 zoning allows for residences and their accessory uses, which this variance would facilitate. The Board agreed, no change in use. 4) Are there unique circumstances to the property not created by the landowner? The property in question is similar in nature and dimensions to surrounding properties in the area. BOARD OF ADJUSTMENT MINUTES October 18, 2023 PAGE 3 The Board agreed, no changes. 5) Will the variances, if granted, retain the essential character of the locality? The surrounding area is predominantly single-family homes with some features pools and their associated equipment. The Board agreed, no changes. 6) Are there other considerations for the variances request besides economics? If the findings of questions 3-5 are affirmative this criterion is satisfied. Jon Krofchalk made a motion to approve the variance request and to adopt the findings. It was seconded by Tom Conway. All were in favor of approving the variance request. The petitioner was informed that there was a 10-day appeal period during which time no action can be taken on the petition. Adjournment There being no further business to come before the Board, Aaron Slavey made a motion to adjourn, and it was seconded by Travis Buege. The meeting was adjourned at 5:15. p.m. _______________________________ Chad Sommer, Secretary