1990 11 19BOARD OF ADJUSTMENTS AND APPEALS
MINUTES OF NOVEMBER 19, 1990
The meeting was called to order at 7:05 p.m.
'MEMBERS PRESENT: Carol Watson, Jay Johnson and Willard Johnson.
STAFF PRESENT: Paul Krauss, Planning Director.
VARIANCE TO THE FENCE REOUIREMENTS FOR IN-GROUND SWIMMING POOLS,
8280 GALPIN BOULEVARD, E. JEROME AND LINDA CARLSON
Krauss gave the staff report with a recommendation for approval of
the variance.
Building official Steve Kirchman reiterated his concerns about the
issue and his recommendation for denial.
The public hearing was opened.
Julius Smith, the applicant's attorney, provided an analysis of why
he believed the variance was reasonable and should be approved.
The applicant, Jerome Carlson, spoke in support of his application.
Watson questioned staff as to why an inaccurate ordinance was
distributed. She indicated that the city had an obligation to
distribute current ordinances.
Krauss indicated that he agreed with the sentiments but pointed out
the difficulty of keeping ordinances current. He also pointed out
that when the building permit was issued for the pool that it was
clearly stated that a fence would be required.
Jay Johnson discussed the old ordinance with it's standard that
fences not be required if the site was inaccessible. He indicated
a belief that this site would have qualified under the old
ordinance. He also questioned who the ordinance is designed to
protect.
Kirchman indicated that it is designed to protect the public and
the homeowner.
Jay Johnson agreed with Planning Staff's thinking that the public
would be protected since the site was largely inaccessible.
Willard Johnson indicated that anybody who would be trespassing on
this property would clearly know that they were on private property
and pointed out that the adjacent wetland and slough was equally
dangerous. It was noted that the applicant had submitted letters
whereby he is willing to accept any dangers that may accrue to his
family from an unfenced pool.
BOA Minutes
November 19, 1990
Page 2
Watson moved approval for the variance to delete the fence
requirement. Willard Johnson seconded the motion and added a
condition to the effect that if the property is subdivided in the
future, a fence will be required as a condition. It was further
required that this condition be required with the title of the land
at the County.
The applicant, Jerome Carlson, spoke to this additional condition.
He did not object to the condition applying to the home and the
original 40 acres but indicated that he did plan on some
subdivision of property along Hwy. 41, far removed from the site,
and believed that the condition should specifically only apply to
the house and the original 40 acres. The Board~discussed this and
agreed that this would be the case. The Board voted in favor and
the motion carried.
Staff discussed a proposal drafted by the City Manager that would
decrease the time to appeal the Board of Adjustment action from 10
working days to 4 days. The reason for this change is to expedite
the ability to move appeals to city Council meetings without having
to wait for a protracted period of time. The Board indicated that
they did not object to this amendment which will be considered by
the Planning Commission and City Council at future meetings.
The meeting adjourned at 7:37 p.m.