Board of Adjustment Agenda and Packet 2015 01 21

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safety covers include (a) the ability to hold a weight of no less than 485 pounds to permit a rescue operation and (b) the ability to drain substantially all standing water from the cover within a period of 30 minutes after cessation of normal rainfall. See Section 7 of Appendix 2. A Cover - Pools brochure further detailing the features, safety and otherwise, that are associated with these safety covers is attached hereto as Appendix 3. In essence, these safety covers act as a horizontal fence over the swimming pool. Other municipalities have expressly recognized the safety of these covers and have allowed the installation of swimming pools to occur in the absence of any fence provided the swimming pool is equipped with a safety cover meeting the aforementioned ASTM standard. See Section 16- 21- 360(g)(1)(a) and (2) of the Greenwood Village Municipal Code and Section 16 -16 -60 of the Cherry Hills Village Municipal Code attached hereto as Appendices 4 and 5, respectively. In addition, the Owners of the Property have two daughters aged 10 and 12, and, are therefore invested in ensuring their safety as well as others in connection with the installation of the proposed swimming pool. The Owners, Applicant and Representative of the variance request respectfully submit that installation of the above- described safety cover coupled with the existing fences and home that enclose the back yard of the Property support the variance request in this matter and any potential safety issues that might exist. In response to the Zoning Variance Criteria set forth in the Louisville Municipal Code the Owners, Applicant and Representative offer the following responses: 1. There are unique physical circumstances or conditions peculiar to the Property. The City Fence located in the back yard of the Property is a uniform 48" fence which not only encloses a portion of the Property, but also encircles all of Harper Lake. To our knowledge, no additional height modifications to the City Fence exist at any point around Harper Lake. In addition, to add another higher fence inside of the City Fence would alter the appearance and character of the neighborhood. The Side Fences in the back yard of the Property are consistent both in design and size with virtually all other fences in the neighborhood. To increase the height of the Side Fences, or alternatively, to add another higher fence inside of the Side Fences would alter the appearance and character of the neighborhood. To alter the existing fences which enclose a portion of the back yard of the Property or to add additional higher fences inside of the existing fences would alter the appearance and character of the neighborhood thus creating a unique condition peculiar to the Property and the proposed improvements to same. 2. The unusual circumstances or conditions do not exist throughout the neighborhood in which the Property is located.