Variance granted for pool to abut rear property line at 4217 W. Palmyra with condition against screened enclosure

The Variance Review Board on July 8 granted a variance allowing a pool to be constructed up to the rear property line at 4217 West Palmyra Avenue, reducing the required 5-foot pool setback to 0 feet, with the condition that no screened enclosure be built to the 0-foot lot line.

Owner Scott James Heberlein told the board the property is a corner lot bordered to the north by a city-owned platted right of way used for drainage, and argued that complying with a 5-foot setback would prevent installation of a pool of reasonable width. "If we did have to abide by the 5 foot setback from this rear property line, we'd be able to construct a pool that's approximately 5 4 feet ... and we would just be concerned that a kid trying to jump in from 1 side or the other is liable to hit themselves on the other side," Heberlein said.

Staff clarified that a fenced area currently sits on a platted city right of way and must be moved; the board and applicant agreed the fence location is a separate permitting issue. Board members discussed the lot's corner configuration and how the platted right of way (a drainage ditch the city maintains) affects usable yard depth. One member proposed conditioning the variance to prevent a screened enclosure at the 0-foot line; the applicant accepted the condition, stating, "Condition accepted. No plans in building screen." The motion passed with a recorded vote of 5-0.

Board staff reminded the applicant that no pool or fence should be placed in the right-of-way and that any fence must be on the property line after the applicant moves it and secures required permits. The approval was based on Section 27-2-80 hardship criteria, with members citing the corner-lot configuration and limited backyard depth as supporting factors.