COUNCIL AGENDA ITEM
SUBJECT:
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VA-2303/2306: Request to appeal the Planning and Zoning Board decision regarding a variance.
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DEPARTMENT:
Development Services
SUMMARY:
Mr. Franklin first applied for a variance on March 9th, 2023 to allow an in ground pool 2 feet from the mean high water line instead of 50 feet and to allow an in ground swimming pool within 3 feet of the primary structure. Mr. Kelly was subsequently denied at the June 14th, 2023 Planning and Zoning Board meeting. The Board provided guidance to Mr. Kelly prior to the denial requesting him to reapply with engineered plans and renderings. Mr. Kelly subsequently reapplied for a variance on June 23rd, 2023. With this submittal, Mr. Kelly provided architectural renderings, a more detailed survey, site plan, and engineered drawling’s. On September 13th, 2023, Mr. Kelly’s variance request was reheard. In this hearing, the Board motioned to recommend denial; the motion failed with two in favor of denial and four opposed. The chair subsequently moved on to the next item. Mr. Kelly, under the premise that it was approved, as did staff, subsequently ordered concrete for the pool and removed all the pavers in his backyard. Subsequently, about two weeks later, the City Clerk and City Attorney conferred that the Planning and Zoning Board did not approve the project; the Board simply did not deny it. As such, staff readvertised for the November 8th, 2023 Planning and Zoning hearing. The information provided in this hearing matched the same material provided in the second hearing in which Mr. Kelly provided engineered plans and renderings. The Planning and Zoning Board in this hearing proceeded with a motion to deny, which was approved four in favor, three in opposition.
RECOMMENDED ACTION:
Staff recommends approval of the variances.
Motion to approve the variances for 21 Pelican lane.