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indicated the ladder could be swung up and locked as well as the pool having a white picket fence around <br />the top of it. Mr. Gomersall suggested the fencing on top of the pool would clear up his concerns. No <br />ftirther questions were asked. <br />J. Konold motioned to approve Daniel Latas of 30875 Windy Hollow his request for variance (1123.12). <br />Proposal is to add an above ground swimming pool (approx. 18'feet x 32'feet) and wooden deck (approx. <br />10'feet x 10'feet) in back yard, and the following variance be granted; <br />A variance for location of an above ground swunming pool due to location on lot. Which is in Violation <br />of Ord 90-125, Section 1135.02 (I). The motioia was seconded by W. Kremzar. Role call on the motion; <br />W. Kremzar; NO, J. Konold; YES, J. Maloney; NO, and R. Gomersall; YES. Variance Denied. <br />Mr. Latas asked the board members that voted no why they voted no. Mr. Kremzar suggested the next <br />resident that lives in Mr. Fragapane's home might not like the pool that close to his front yard. Mr. <br />Kremzar would like to see the pool be moved to a 25'foot setback. Mr. Latas indicated no matter were he <br />put the pool he would need a variance. Mr. Maloney suggested moving the pool to the east property line, <br />maybe within 5'feet of the sideyard setback instead of extending out into the 25'feet setback. Mr. Latas <br />reviewed that, that also would be subject to needing a variance, as well as infringing upon Mr. Healy's <br />property. Mr. Maloney suggested tliat is using a lot of surface space. Mr. Latas suggested they are <br />wi[hin code regarding 20% area, so the surface area should not be an issue. Mr. Gomersall indicated <br />surface space is not an issue. Mr. Latas suggested the way the yard is situated we have tried to tactfully <br />isolate the yard tlirough the use of landscaping. Mr. Gomersall indicated the vote will stand but changes <br />could be inade. Law Director Gareau asked while Mr. Latas is here would either board member who <br />voted no, consider a modification so he could resolve this issue now, or is the issue simply something you <br />wouldn't consider. Mr. Goznersall suggested turning the pool 180' degrees and placing the pool going <br />east west. Mr. Conway reviewed maintaining a 10'foot setback from the property line and orientating the <br />pool so it runs 90 degrees in the other direction with the deck towards the home. Mr. Gomersal] indicated <br />Mr. Conway was correct and would save about 30'feet. Mr. Conway indicated it would definitely take <br />hun out of the 25'foot setback, and asked how wide the pool was. Mr. Gomersall indicated the pool is <br />18'feet wide. Mr. Conway reviewed the calculations and indicated he would be out of the 25'foot <br />requirement. Mr. Gomersall suggested he would reconsider hearing the vote for Mr. Latas that was just <br />made. Mr. Gareau indicated the vote that you take on the motion to reconsider will be that then you vote <br />all over again. - <br />R. Gomersall moved to reconsider the earlier motion made on Daniel Latas, 30895 Windy Hollow. The <br />motion was seconded by, J. Maloney and unanimously approved. <br />Mr. Gomersall stated "The board will now change the variance with Mr. Latas approval, and asked Mr. <br />Latas if he agreed to the change for the record. Mr. Latas stated he accepted the change. <br />R. Gomersall motioned to relocate the pool and deck to run north south as opposed to rumiing east west <br />still maintaining 10' feet off both lot lines on either side. The deck is to be at the end of the pool closest to <br />the house. The motion was seconded by, J. Maloney and unanimously approved. Variance Granted. <br />6. Latina & Latina, 23232 Bridgeport Drive: <br />Request for variance (1123.12). Proposal is to construct a single family dwelling. <br />The following variance is requested. <br />A 2' foot side yard variance is needed. (code requires 15'foot side yard, proposed dwelling will be 13' <br />feet). Violation or Ord. 90-125, Section 1135.07(a) <br />NOTE: A rear yard variance for this proposed dwelling was granted by the Board of Zoning Appeals <br />board on 12/03/97. <br />Chairman Gomersall called all interested parties forward and reviewed the variances being requested. Mr. <br />Balsamo, salesman of homes, Mr. Latina, Lois Latina, Mr. & Mrs. Wright buyer of lot 32, Mr. & Mrs. <br />Hillman, Councilman Gareau Jr., and Councilman, Miller came forward. Mr. Gomersall reviewed that <br />this is the fourth time Latina has come before this board for basically the same subject matter front, back, <br />8