HomeMy WebLinkAboutApplication NarrativePROPOSED VARIANCE NARRATIVE:
We,The Sommer Family are requesting a variance to encroach approximately 30’into
the 75’COD Setback to install a small 13’x 26’swimming pool.We purchased the
home in November 2020.After seeing the property for the first time we fell in love with
the home due to its location and very large backyard.We purchased our home with the
intention of installing a swimming pool for our family.After starting the building permit
process in September,we have been informed of the 75’COD setback.Due to how our
property is zoned,unlike most water/marsh zoning classifications in New Hanover
County,there is no mitigation that allows encroachment into the setback for a swimming
pool.
We consider it a hardship that the only location in the backyard outside of the 75’
setback to install a pool has a well that was existing when we purchased the home.
Due to our circumstance,we are kindly asking for a variance to encroach into the
setback.
Answer to Sommer Variance Questions
1.We purchased our home with the intent of installing a swimming pool as we had
done with our previous home.We consider it a hardship that we will not be able
to enjoy outdoor time with our family nor host our family holiday gatherings as we
had envisioned doing when we purchased the home.
2.A Majority of our property is outside of the flood zone.The zoning classification
of our property is such that there is a 75’COD setback that has no mitigation into
the setback for swimming pools.This is different from the much more common
AEC setback which allows encroachment into the setback for swimming pools
anywhere from 37.5’to 42’.The more common AEC setback is seen in much
more fragile environmental areas such as the conservation resource zone,and
properties with canals and other waterways.
3.When we purchased the property in November 2020 We were never informed a
swimming pool would not be permitted due to the zoning classification.Our
property is over ½of an acre with the majority of the property outside of the flood
zone.We would have not purchased the property with the knowledge a
swimming pool would not be permitted.The only location in our backyard that a
pool would be permitted has a well that was existing when we purchased the
property.
4.We believe Our variance request is consistent with the spirit and intent of the
ordinance.One assumes that the spirit and intent of the 75’setback is to be
noninvasive and conserve the wetlands.According to the survey,The swimming pool
we are proposing would encroach an average of approximately 30’or less into the COD
setback leaving the swimming pool an average of 45’or more away from any wetlands..
This encroachment we are asking for is less of an impact/encroachment when
compared to what is allowed for the more common AEC setbacks in more
environmentally fragile areas.In our opinion The swimming pool would have no impact
on the wetland and there would be no runoff during rain events.Our proposed
swimming pool would have surrounding barriers and gates up to NHC code and would
have no impact on the safety of the public