Sec. 20-4.1.5 of the Subdivision Ordinance allows the Planning Commission to approve exceptions Article 5 of the Ordinance when an applicant demonstrates a substantial injustice or hardship. Sec. 20-5.1.9(k) requires a Scenic Buffer strip of 100' in width along the existing secondary or primary road frontage, in which the existing vegetation and contours of the land will not be disturbed or altered. The Code does provide allowances for fences and driveways within the buffer area.

The exception application is for an above-ground pool to be located partially with the Scenic Buffer on Tax Map Parcel 21-22-1, located at 1120 Kailee Lane in The Woods of Catharpin subdivision. The Scenic Buffer is along Catharpin Road in the back yard of the property. The attached letter outlines the request and details limitations to locating the pool outside of the buffer, including the location of the house and driveway, drainfield, well, and buried gas tank. The pool is proposed in a grassy area of the yard and will not disturb any existing trees. Mature trees exist along Catharpin Road. The design of the pool enclosure mitigates any negative visual impact from Catharpin Road. The intend of the Scenic Buffer is to maintain the rural viewshed. Staff finds that the applicant has located and designed the pool to minimize any impact considering the shape of the lot, extent of the buffer, and existing constraints.