Board of Adjustment Agenda and Packet 2015 01 21

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December 22, 2014 Board of Adjustment Department of Planning and Building Safety 749 Main Street Louisville, Colorado 80027 Re: 836 Mount Evans Court Variance Request Dear Board, This letter is submitted in support of the variance request for the property located at 836 Mount Evans Court, Louisville, Colorado 80027 (the "Property "). This letter is intended, in part, to further describe the variance request and to address the Zoning Variance Criteria set forth in the Louisville Municipal Code. Variance Request R. Wayne Holder and Ruth E. Anderson (collectively, the "Owners") own the Property. The Owners seek to install an in- ground swimming pool along with other improvements in the back yard of the Property. The site plan delineating the proposed improvements, which includes the in- ground swimming pool, is submitted with this letter and the variance request. Currently, the back yard of the Property is completely enclosed by either a fence or the home (i.e. the dwelling house as described in the Louisville Municipal Code). The fence which runs along the back side of the Property is a 48" fence which was installed by the City of Louisville (the "City Fence "). The City Fence not only runs along the back side of the Property but also encircles all of Harper Lake, which is located just North of the Property. The fences along the side portions of the back yard of the Property are also 48" in height (the "Side Fences "). The design and size of the Side Fences are consistent with the other fences in the neighborhood within which the Property is situated. Photographs depicting the City Fence, Side Fences and other fences in the neighborhood are attached for reference and convenience as Appendices 1 -A through 1 -F. Pursuant to Section 17.16.170(B) of the Louisville Municipal Code "[e]very swimming pool must be completely surrounded by a fence or wall not less than five feet in height with no openings large enough to permit children to pass through, other than gates or doors that can be fastened to protect against entry. A dwelling house or accessory building may be used as part of such required enclosure." In this instance and in connection with the proposed installation of an in- ground swimming pool in the back yard of the Property, the Owners are seeking a variance from the five foot fence requirement. In order to alleviate any safety concerns, the Owners agree to install a safety cover over the swimming pool which complies with current ASTM standards. The current ASTM standard for safety covers, ASTM F1346 -91 (Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs), is attached hereto as Appendix 2. The minimum required performance standards for these 1