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Board allows pool setback exception where future road and wetlands create unusual lot geometry
Summary
The board granted a variance allowing a permanent pool 15 feet from a corner front where a half‑dedicated right of way and substantial wetlands behind the parcel make a future road unlikely and the site effectively functions as a backyard.
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The Zoning and Planning Board of Appeals approved a variance allowing a permanent pool to be located 15 feet from a corner front where code requires 25 feet for a front yard setback under the city swimming‑pool rules.
Staff explained the property at 1330 Sandstone Place was originally two parcels that have been combined and that a 35‑foot half right‑of‑way was dedicated in older plats. That stub right‑of‑way runs along the parcel but wetlands behind the site make construction of a road difficult. Staff noted that while the mapped right‑of‑way technically makes the edge a corner front, in practical and environmental terms the area functions as a rear yard.
Property owner Courtney Carr told the board she added an addition 12 years earlier and that the wetlands behind the property make the area unsuitable for a future roadway. "I'm just looking for 15 feet instead of 25 feet. It is in my backyard," Carr said. Carr presented that adjoining parcel owners behind her — who said they own the lots and have no intent to build — were on the call and offered supporting testimony.
Family members who own the adjacent lots confirmed they purchased the parcels to preserve them and said they do not intend to develop them. Board members agreed the combination of the half‑dedicated right‑of‑way, the wetlands and the lot's history created exceptional circumstances and found no substantial detriment to neighbors. The board moved and approved the variance as requested.
The variance applies to the pool front‑setback requirement; any other permits or code requirements remain in force.

