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Council upholds denial of design-exception for pool that encroached toward alley in East Tampa overlay
Summary
Council upheld staff’s denial of a request to reduce the 15-foot rear-yard setback to six inches for an above-ground pool and deck at 3701 N 50th Street, after staff cited neighborhood compatibility, drainage and safety concerns.
City Council on Wednesday upheld the zoning administrator’s denial of a design-exception request for a property at 3701 North 50th Street that sought to reduce the East Tampa overlay’s required 15-foot rear-yard setback to six inches for an above-ground pool and an attached deck.
City planning staff presented the record and photographs showing an unpermitted above-ground pool and a raised deck constructed close to the rear property line and an alley. Urban design staff recommended denial, citing substantial departure from the 15-foot requirement, risks to neighboring properties (drainage, structural concerns and privacy), and the existence of less-impactful alternatives, such as an in-ground pool option that would meet setbacks.
The petitioner, Felixta Rodriguez, said she did not understand the property orientation and that the home’s primary entrance faces East 30th Avenue rather than North 50th Street; she told council she had not realized the structure would be considered a rear-yard encroachment and apologized: “I didn't know that I had to be that that was my back of the house until I get in this mess and I apologize.”
Council action: Councilwoman Hertek moved to uphold the zoning administrator’s denial, saying the petitioner did not demonstrate a unique hardship and that the request would be inconsistent with the overlay and neighborhood character. The motion was seconded and passed by voice vote; the minutes record two council members voting no, but the council upheld the denial.
Ending: Staff reminded the property owner that an in-ground pool and other conforming options remain available and that the zoning code and overlay standards aim to maintain neighborhood compatibility and safe drainage.
