Oldsmar board approves variance to shrink side setback at 374 Fountain View Circle

The Oldsmar Board of Adjustments voted 5-0 to approve city application DAR2502, reducing the required east side setback from 10 feet to 5 feet for a screened pool-deck expansion at 374 Fountain View Circle.

City staff told the board the property has a commercial planned development zoning designation with a future land-use of residential low and that the requested setback reduction is evaluated under Land Development Code section 317.3. "Tonight, this agenda item before you is for, city application d a r 25 0 2, a variance for 374 Fountain View Circle," Planning and Redevelopment Planning Manager Matt Jackson said during his presentation. Jackson said staff found the proposal would not be detrimental to adjacent property and recommended approval, subject to the city's standard site-permit review, including drainage.

The recommendation prompted a public comment from Maria He, who said she was representing her elderly parents, the homeowners at 376 Fountain View Circle. He described long-standing drainage problems and said adjacent construction has left her parents’ lot as "the lowest lying property and their water is draining and they get pooled water for extended periods of time after during and after rains." She told the board the proposed, permanent enclosure would reduce soil available to absorb water and could worsen localized flooding.

Applicant Kelly Vilio, owner of 374 Fountain View Circle, said the addition is intended to provide a safe outdoor area for her family. "We have 2 growing children... this is how we are going to be able to give our children a place where they can bring friends and we feel safe because we don't have a bonus room," Vilio said. She told the board the design will include a "super gutter" to direct runoff to the rear of the property and that drainage concerns would be addressed during the city review process.

Board members discussed the tradeoffs between permitting a permanent screened enclosure and the existing alternatives (a detached accessory structure can be sited within 5 feet without a variance). Board Member Harvey, noting the longstanding neighborhood drainage issues, said he was inclined to approve while acknowledging the neighbors' concerns and the need for follow-up during permitting. "So that's my discussion. I just wanted to put that out there," Harvey said, summarizing his position.

Jackson and other staff told the board that increased impervious surface and changes to site drainage are reviewed by Public Works during the permit phase and that applicants are informed of that review requirement. "As part of any application... it is reviewed by our public works department to ensure proper drainage is going to be provided for," Jackson said. He added that drainage details would be addressed before final permits are issued.

The board approved the variance on a roll-call vote: Board Member Clark—yes; Board Member Swagger—yes; Board Member Stephens Meyer—yes; Board Member Chicolo—yes; Chair Burrell—yes. The motion carried 5-0.

Other actions taken at the meeting included approval of the minutes dated Jan. 22, 2025, and approval of an excused absence for a prior meeting; both motions were carried without recorded opposition. The board then adjourned.

Next steps: With the variance approved, the applicant must proceed through the city's permit review, where Public Works will evaluate and require measures for drainage and other code compliance before any construction can proceed.