It appears that a Dogwood Trail family will have to wait another month to begin construction of a swimming pool.
At its work session Tuesday night, the Commerce City Council seemed to agree that Darrell Ledbetter must apply for a variance to build a pool in his front yard. It appears poised to overturn a 3-0 vote of the Commerce Planning Commission in favor of Ledbetter’s appeal of planning director David Zellner’s ruling that Ledbetter could not place a pool at his preferred site because it was in the front yard of the house. The council will take that up Monday night at 6:30 in the Commerce Room of the Commerce Civic Center.
Upholding the planners’ ruling, advised city attorney John Stell, would be tantamount to saying Zellner’s interpretation of the city ordinance was wrong.
“I don’t think we can be intellectually honest and say that’s not a front yard,” the attorney said. He added that Zellner’s ruling denying the placement of the pool “was absolutely correct” under the city’s zoning ordinance.
While everyone on the council agreed that Ledbetter should be allowed to build the pool, all of the council members agreed with Stell’s contention that Ledbetter should apply for a variance in the ordinance.
The house, which has driveway access to Dogwood Trail, was built backwards — the front of the house facing the back of the lot — and is several hundred feet off the road. Ledbetter thus argues that the “front” yard is actually the “back” yard.
Mayor Charles L. Hardy Jr. lives next door. He said he has no issue with the pool. The other next-door neighbor, Bill Studdard, told the planning commission that he is not opposed.
“This creates a problem,” observed Ward 5 councilman Johnny Eubanks. “Can we reverse that (planning commission ruling) and say the decision (of Zellner) was right and grant a variance?”
Stell answered affirmatively and suggested that the city can also offer to waive the variance fee.
“I’m for letting him get it done, but for doing it right,” said Ward 3 councilman Mark Fitzpatrick. Mayor pro tem Keith Burchett and Ward 1 councilman Archie D. Chaney agreed.
“If he needs to apply for a variance, then I think that’s what he needs to do,” concurred Ward 2 councilman Darren Owensby.
The council asked Zellner to contact Ledbetter so Ledbetter can start the variance process quickly.
According to Zellner, Ledbetter did not want to seek a variance because he did not want to concede that the pool site is actually in the front yard.
Also on Monday night, the city council will act on the planning commission's recommendation that the city deny a request from Roy Cowart to annex 11 acres on U.S. 441 South for a junkyard and possibly a flea market.
