Jackson County — The Jackson County Board of Adjustment on July 28 denied a variance requested by Justin and Tabitha Alden to build a 20-by-17-foot in-ground swimming pool closer to a side property line than the 10-foot setback required in the R-1 single-family residential district.

The board’s decision followed public testimony from the applicant and discussion among members about legal limits on variances and site constraints. Planning staff described the lot as conforming but oddly shaped and said the house location limits pool placement, while also noting the rear setback for an accessory structure is 5 feet and side yards are 10 feet.

Applicant Justin Alden said the proposed pool would be concrete, about 52 inches deep and located near the rear of the house, and he provided photos and a site plan to the board. He told the board the property abuts land managed by the U.S. Army Corps of Engineers and said the Corps advised the Aldens they could obtain a survey “if you want to be perfectly safe,” the applicant said at the hearing.

Board member John Arnsen questioned whether the request met the legal standard for a variance. “I don’t think we have the authority to grant variances unless enforcement of the ordinance will result in a practical difficulty of the property owner in making any beneficial use of the property,” Arnsen said during the hearing, and he said he did not see the pool as meeting that test.

Other board members raised practical concerns about bank stability and the pool’s proximity to the riverbank and to the Corps-managed parcel. Board discussion also referenced a septic tank location on the site as a potential constraint on alternative pool placement. Staff noted the lot is narrow and that house siting reduced usable yard area, but board members said the record did not show the property faces a unique practical difficulty that would justify a variance under the county ordinance and the new state/house-file language referenced at the hearing.

A motion to deny the variance carried. The board did not record a roll-call vote in the transcript; the chair announced the request had not been granted and staff said they would notify the applicant of the outcome.

The board’s file number for the request is docket 25-08. Planning staff advised the Aldens they may obtain additional surveys or documentation and that the U.S. Army Corps had not required a survey but suggested one for certainty.

The board will meet next on Aug. 25, 2025; applicants may consult planning staff for further options.