Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Setback Variance topic
No spam. Unsubscribe anytime.
Kajewski pool variance results in 2-2 tie; applicant requests tabling to Nov. 6
Summary
A motion to deny a request to place an in-ground pool 5 feet from a house (10-foot requirement) resulted in a 2-2 tie on Oct. 2 because four board members were present. After discussion about quorum and re-advertising for amended relief, the petitioner requested the item be tabled; the board voted to table the matter to the Nov. 6 meeting.
The Zoning Board of Appeals did not reach a final decision on a requested variance to place an in-ground pool 5 feet from the primary structure when the ordinance requires 10 feet.
Staff summarized the request for petitioners Frank and Melissa Kajewski (permanent parcel 0821377023), noting the house has an 11-foot rear projection and a 12-foot rear easement that reduce available buildable area. Mr. Box told the board the 10-foot-from-structure standard exists in part to permit ladder placement for fire-department access; he said the proposed pool corner sits near a house corner where ladder placement likely would not be impeded.
Donnie Grace, representing the petitioners, and Melissa Kajewski said they were unaware of the 12-foot easement when they bought the home in 2008 and that alternative off-the-shelf pool options would be unworkably narrow; Grace said the requested design (gunite, limited digging) would avoid undermining house footings.
The chair moved to deny the variance request and the motion was seconded. Roll call produced DeCoster yes, Piper yes, Mazzara no, Gomikia no, producing a 2-2 tie; the denial motion therefore failed. Board counsel and staff advised the petitioners that with only four members present a tie could repeat and that tabling the item until a meeting with a full panel would likely lead to a definitive result. The petitioner asked to table the matter to Nov. 6, and the board voted to table the item to that date.
No final variance was approved or denied on Oct. 2; the matter will return to the board on Nov. 6.
