Cary Zoning Board of Appeals recommends denial of variance for pool at 950 Ridgewood Drive

The Village of Cary Zoning Board of Appeals voted 5-1 on Aug. 14 to recommend denial of a variance request that would allow an in-ground pool at 950 Ridgewood Drive to remain 6 feet 3 inches from the interior side property line instead of the 8-foot setback required by the village code.

Brian Simmons, the village's director of community development, told the board that the building permit for the pool was issued in June based on plans showing a 15-foot setback, but a July inspection found the pool "had, an error been constructed within 6 feet 3 inches of the property line." Simmons also referenced the Unified Development Ordinance Section 14.4, which requires residential pools be set back 8 feet from a lot line and "surrounded by a non climbable fence, not less than 5 feet in height."

Simmons reported staff's review found the pool sits closer to the recorded property line because the adjacent property's fence was installed inside the property line; the adjacent owner indicated they intend to relocate the fence to the property line. Simmons told the board that, "As the request here would be over 20% of the applicable code requirement,…