Clark Board of Adjustment approves pool variance for 2 Grouse Lane with landscaping condition

The Clark Board of Adjustment voted unanimously to grant a variance allowing a swimming pool at 2 Grouse Lane during its meeting, approving the application with a condition that landscaping be installed between the pool fence and the sidewalk. The board’s action followed testimony from the homeowner, her engineer and counsel about site constraints created by the lot’s corner location and contradictory local ordinance language. The motion carried on a roll-call vote and was moved by Mark Hayden and seconded by Thomas Mead.

The matter drew sustained testimony because the property is a corner lot that, under one reading of the township ordinance, has two front yards and therefore would be subject to a 40-foot front-yard setback that would prohibit a pool. James First, attorney for the applicants, told the board the applicants sought relief “under both C1 and C2” to remove any ambiguity and to permit construction under whichever setback the board determined applicable. The zoning officer had previously told the applicants the ordinance contained contradictory provisions that could be read to either allow pools in a…