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Above-ground pool runs afoul of zoning
(by Sue Reid - October 08, 2009)
Above-ground pool runs afoul of zoning
By SUE REID
Concerns about the proximity of an above-ground swimming pool in the back yard of a Woodbury Drive residence in Solon led the city's planning commission to table a variance request last week.
Resident Alexander Mikhalev requested a variance to permit a pool within the rear- and side-yard setbacks, as well as a swimming pool location variance. He installed the swimming pool without obtaining a permit, which is required by city code. The city's engineering department, while inspecting an adjacent property, saw the pool and expressed concerns to the zoning inspector about its topography with relation to draining.
Darren and Kathie Teorsky, who live on Huntington Drive and adjacent to Mr. Mikhalev's pool, submitted a letter to the commission stating their concerns. Their property lies at the base of a steep incline adjacent to the pool, they said.
"If anything was to malfunction with this pool, the water would ultimately flood my property and most likely my home," they said. The Teorskys asked for assurance that, when Mr. Mikhalev would drain the pool, it is properly drained to the street.
"I would also like in writing that the city would be held responsible to any water damage to my yard or home if a malfunction would occur," the Teorskys said.
Although there is no guarantee that any kind of accident would happen, Mr. Mikhalev said that the pool is secluded by a retaining wall and that he plans to install a deck, which will reinforce the structure of the pool for any kind of accident. The proposed decking, stairs and hot tub have not been installed.
Commission member George K. Hrabak said that he had concerns for the Teorskys and the potential of the water flooding their property.
Mr. Hrabak also asked that if there was a problem that occurred with the pool, who would the liability fall on, the owner of the pool or the neighboring property owner?
Prosecutor and Assistant Law Director Blair Melling said the principal liability is with the pool property owner. He also said the city has no intention of assuming any liability in this matter. The pool was constructed without the city's knowledge, Mr. Melling said, and without the city's approval.
"The liability will not be assumed by the city at any time," Mr. Melling said.
Commission member and Mayor Kevin C. Patton asked Mr. Mikhalev how he would drain the pool. He said there was a drainage connection nearby he would drain to. He also said he was willing to put that in writing.
Mr. Patton also noted on this issue that the commission did not receive a recommendation from Ward 6 councilman Edward H. Kraus. Mr. Patton said that whenever there is an objection from a neighbor or of any kind, the commission likes to have the opinion from the ward councilman.
Mr. Mikhalev said he had not let Mr. Kraus know he would be in attendance that evening.
In tabling the request, the commission asked for communication from Mr. Kraus as well as a recommendation from the engineering department as to Mr. Mikhalev's proposal for the drain.
"I don't approve applications for people asking for forgiveness as opposed to permission," commission member Roger C. Newberry said. He told Mr. Mikhalev that he could have worked with the city to come up with a location for the pool that would minimize danger for downstream neighbors.
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