Variance approved for elevated backyard pool at 5104 West Platt amid flood‑elevation constraints

The Variance Review Board on June 10 granted a variance to reduce the rear‑yard setback from 20 feet to 5 feet at 5104 West Platt Street so a homeowner can construct a swimming pool that will be elevated more than 12 inches above finished grade.

Island Way Pools representative Amber Tow told the board the home has an elevated rear lanai approximately 5.5 feet above grade and the proposed pool would have a finished height that triggers the city’s pool‑setback provision (pools over 12 inches above finish grade must meet primary structure setbacks under section 27‑2‑90). The home was built with an elevated foundation in response to recent storms and flooding, which limits the available backyard depth for a pool with a reasonable entry/step configuration.

Staff showed the site plan and explained that, because the lanai and yard elevations are high, a pool built to meet ordinary pool setbacks at grade would push the required pool start much closer to the rear fence; the requested design would keep the pool’s entry and steps within a smaller footprint behind the elevated lanai and allow space for planting privacy landscaping along the fence.

Natural Resources noted concerns about tree protection and landscaping; other departments (Transportation, wastewater, water/right‑of‑way, stormwater and TICO) returned consistent findings or conditions that must be met. Board members discussed runoff and stormwater controls and were told by staff that code requires on‑site retention and vaulting if needed.

After discussion, the board approved the variance to allow the elevated pool to sit 5 feet from the rear property line. The motion found the applicant presented competent and substantial evidence of unnecessary hardship, principally the homeowner’s need to raise the dwelling for flood resilience and the constrained rear yard depth that results.