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Cibolo board approves 5% impervious-coverage variance for pool at 414 Cowan Springs

2081421 · January 7, 2025
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Summary

The Cibolo Board of Adjustments approved a variance to raise maximum impervious coverage from 50% to 55% for a 0.21-acre lot at 414 Cowan Springs to allow a swimming pool and deck, with one member voting against.

The Cibolo Board of Adjustments on Jan. 6 approved a variance to increase the allowed impervious coverage on a house lot at 414 Cowan Springs from 50% to 55% so the owner can install a swimming pool and deck.

The vote came after city planning staff summarized the request and supporting materials, and after the applicant’s representative said the homeowner bought the house intending to add a pool. "She bought the house anticipating to put a pool in and her builder did not advise her or tell her she was already at maximum impervious coverage," said Howard Guidry, who identified himself as representing the applicant.

City planning staff told the board the property is in the Mesa Western Unit 1 subdivision, zoned SF-4 (medium-density single-family). The lot is 0.21 acres (9,356 square feet). Staff said the applicant asked to raise the maximum impervious coverage from 50% to 55% "to allow for the installation of a pool and deck," and that notice of the public hearing was published Dec. 22, 2024, with letters mailed to 25 nearby property owners; staff said it had received no written responses for or against the request.

The staff report noted that most lots in Mesa Western Unit 1 range from 9,240 to 11,000 square feet and that four lots in the subdivision with pools are each at least 10,700 square feet; staff also cited a May 8, 2023 variance in the Enclave at Reatta Oaks subdivision that allowed a smaller lot (9,157 square feet) up to 58% impervious coverage as a local precedent.

During the hearing, Guidry told the board the homeowner received a stamped survey in her closing package but that another version submitted by the builder to the city — which contained impervious-coverage calculations — was not provided to the homeowner at closing. "The city actually sent us this that has everything on there, then they said this is the survey that the builder provided them," Guidry said. The applicant also supplied an engineering letter asserting that the proposed pool and deck would not adversely affect foundation performance or drainage.

Board members discussed the legal standard for variances under the Unified Development Code (UDC), including whether extraordinary conditions affect the land such that strict application of the UDC would deprive the owner of reasonable use. Several members noted the prior 2023 approval in a similar situation and weighed concerns about setting precedent versus the lack of apparent adverse drainage impacts.

Board member Nicole moved to approve the variance; the motion was seconded by Miss McDaniel. The motion passed with one member voting against.

The variance grants a one-time change to the lot’s impervious-coverage limit to permit the pool and deck; no additional conditions or follow-up actions were recorded during the meeting.

Votes at a glance: motion to approve variance to increase maximum impervious coverage from 50% to 55% for property at 414 Cowan Springs — moved by Board member Nicole, seconded by Board member Miss McDaniel; outcome: approved, with one opposed.