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That 30 -foot side or rear setbacks are also measured from driveway easements provides protections from visual or privacy impacts but to a lesser extent than from public streets where the setback would be 40 feet. Additionally, the pool does not substantially increase the visual impact on the northeasterly neighbor closest to the area of encroachment because the pool is approximately 39 feet from the property line, which is well beyond the standard setback if the easement did not exist. The most impacted neighbor would be the one with rights to the ingress and egress easement, and only when using the driveway as the pool is located on the opposite side of the existing residence. The granting of the setback variance for the proposed pool does not grant, with regards to the purpose and intent of the Town's setbacks, a special privilege to the property owner that is not enjoyed by similar or surrounding property owners. c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district. The granting of the variance for setback encroachment will not be detrimental to public welfare or surrounding properties as the proposed project is not seeking a front yard setback encroachment. As viewed from Fernhill Road, the pool will be more than 40 feet away and will not be visible with existing and future landscape screening. Furthermore, there is no downhill neighbor and the net decrease in development area and large front setback provides ample room for runoff to percolate such that there will be no erosion issues for Fernhill Road. d. That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel or property. The use or activities associated with the variance request are permitted uses in the R -A District. Resolution PC 07-22 Page 3 of 6