Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Variance topic
No spam. Unsubscribe anytime.
Middleton P&Z approves variance to shorten pool setback for West Highlands homeowner
Summary
The Middleton Planning & Zoning Commission approved a variance reducing the required in‑ground pool setback from 13 feet to 10 feet at 1400 West Grassland Court, citing a retaining wall and lot constraints; the applicant provided a physician's note and irrigation district letter supporting the request.
The Middleton Planning & Zoning Commission on Feb. 9 approved a variance allowing a homeowner at 1400 West Grassland Court to build an in‑ground pool 10 feet from the side property line instead of the 13 feet required by city code.
Planning staff opened the public hearing and reviewed the four legal criteria for granting variances under Middleton City Code (including MCC 1‑15‑6). Staff noted the applicant’s packet included a physician’s letter indicating the pool would be used for medical rehabilitation and an exhibit from Black Canyon Irrigation District stating an irrigation facility would not be affected by a narrower setback.
Applicant Anthony Tucubeni told the commission he and his wife discovered the lot’s usable rear yard was constrained by a 6‑foot retaining wall and the lot sits roughly 6 feet below the road; he said Toll Brothers had previously shown a 10‑foot setback for the house type and that a 13‑foot setback would leave only a small pool footprint. “I’m here tonight to request a variance … from 13 foot to a 10 foot,” Tucubeni said while sharing photos and drawings of the proposed pool and yard grades.
During deliberations, commissioners focused on two main points: the retaining wall that reduces usable backyard area and whether any underground irrigation or water main would be affected. A commissioner said Black Canyon Irrigation District’s letter and an on‑site check indicated the line had been abandoned, removing that objection from consideration. Commissioners described the retaining wall and lot configuration as constituting a hardship under the code’s criteria.
A commissioner moved to approve the variance to reduce the swim‑pool setback from 13 feet to 10 feet; the motion was seconded and passed by voice vote. Commissioners did not attach special conditions beyond noting the commission must adopt written findings and conclusions in any final order. The applicant said he would accept a condition to sign a hold‑harmless agreement if future utility work impacted the pool.
The commission’s approval authorizes staff to draft the written decision setting forth the factual findings and conclusions of law required by state statute and the Middleton City Code.
Next steps: staff will prepare the written order documenting the commission’s findings; no appeal or city‑council review was recorded in the meeting for this variance.
