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Board does not approve motion to deny pool setback variance at 3412 W. Palmyra; hearing record shows safety concerns
Summary
A motion to deny a request to reduce a rear-yard pool setback from 5 feet to 2 feet for 3412 West Palmyra Avenue failed by a 3–1 vote; the transcript records sustained safety concerns from board members but no subsequent recorded approval.
A petitioner seeking a variance to reduce the required rear-yard inset for an in-ground pool from 5 feet to 2 feet at 3412 West Palmyra Avenue faced extensive board concern over emergency access when the Variance Review Board considered the case.
The petitioner, property owner Andrew Brightberg, and agent James Manning described an existing lanai and pavers that would be removed to make room for a pool. Staff memos from Natural Resources, Transportation, Wastewater and Water found the plan “consistent with conditions” and outlined permitting requirements. The applicant said the pool would be 10 feet wide and would increase the usable water area for his two young children.
Board members repeatedly raised fire and emergency-access concerns, noting only 2 feet would remain between the pool edge and the property line (24 inches), and as little as 3 feet between the pool and the house. One board member said the layout was “a little too extreme” for safety and welfare and moved to deny the variance for failure to meet hardship criteria. The motion to deny was seconded and then put to a vote; the motion did not pass (recorded as failing 3–1). No subsequent motion to approve is recorded in the hearing transcript.
Action on record: Motion to deny variance for VRB25-48 (rear yard pool setback reduction) was made and failed by a vote reported as 3–1; the transcript contains no later motion recorded for approval or denial.
Why the discussion matters: Board members emphasized emergency access, egress and the practical ability of firefighters to operate in narrow spaces as primary safety considerations when evaluating pool setbacks. Staff reminded the board that permitting would include drainage and stormwater compliance requirements.
Next steps: The transcript does not record a final disposition following the failed motion to deny. The applicant remains responsible for following permitting requirements; staff or the board may record a final action in the official minutes outside the public hearing transcript.
