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Council affirms hearing examiner’s denial of Keller Pools setback variance
Summary
The council affirmed the hearing examiner’s decision to deny a variance allowing a fence at a zero-foot setback along an alley behind the Keller Pools property. Staff showed the approved site plan required a 10-foot setback and the applicant built the fence before permit approval; council voted 8–0 to affirm.
The City Council on Jan. 22 affirmed the hearing examiner’s decision denying a variance request by Keller Pools to keep a commercial fence at the property line of a rear alleyway.
Owner Gary Keller told the council that the chain-link fence protects vehicles, equipment and an EPA-regulated chlorine tank stored behind the building. Keller said he placed the fence to preserve parking and operations after delays following Hurricane Ian, and that fence contractors told him placement at the property line was permissible. He said moving the fence would force him to lose vehicle storage and revenue-generating work.
Staff and the hearing examiner recommended denial. Senior planner Patrick White reviewed the permit record: a pre-application comment and a later site-development approval required a 10-foot setback; the fence was built at a 0-foot setback and the building permit for the fence was rejected because it conflicted with the approved site plan. White said the applicant filed the variance after the fence was installed. Assistant City Attorney Cody Von Birch summarized that the variance failed to meet the land-development code’s seven required criteria and that the hearing examiner applied the code consistently.
Council members discussed business impacts and the permitting timeline but said their review must follow the code’s standards. A motion to affirm the hearing examiner’s denial passed by roll call vote (8 ayes, 0 nays). Council members and staff encouraged the owner to work with staff on alternative compliant fencing or parking configurations.
