Summary
Council approved a vacating of a rear utility/drainage easement so a homeowner could build a pool (one member abstained) and later granted a variance allowing a pool to encroach 5 feet into the rear setback.
The Palm Bay City Council approved two related public‑hearing items that will allow private homeowners to install backyard swimming pools.
In the first case, the council voted to vacate a 10‑foot portion of a 20‑foot rear public utility and drainage easement to allow a homeowner to build a pool and deck. The applicant said underground utilities replaced old poles and lines and requested 10 feet of the easement vacated so "we could put a swimming pool in the backyard." The council approved the vacation 4-0 with Councilman Hammer recorded as abstaining because of an apparent conflict; the clerk noted the applicants are Councilman Hammer’s former in‑laws.
In a separate public hearing for a different property, Growth Management Director Lisa Fraser described a variance request to allow a pool and screen enclosure to encroach five feet into a 10‑foot rear setback. Fraser said the lot is in the Gardens at Waterstone PUD and that the homeowners’ association had approved the encroachment; staff recommended denial for lack of demonstrated unnecessary hardship while Planning & Zoning recommended approval. Council members voted to approve the variance unanimously.
Why it matters: easement vacations and variances alter the legal constraints on private property and can affect drainage and maintenance responsibilities. City staff noted the HOA had agreed to continued maintenance in the maintenance easement behind the property with the proposed pool.
Council action was limited to the two specific properties and did not change the city’s standard setback or easement rules. Staff said accessory structures and pools require associated permits and that any permanent housing structures for animals or other accessory uses remain subject to separate permitting rules.
Provenance: staff presentation of the easement vacation and council vote ("Passes 4 0 with 1 abstaining") and staff presentation of the variance with the recorded unanimous vote ("Passes unanimously").
