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Commission recommends rezoning to allow homeowner’s above‑ground pool; staff said variance not appropriate
Summary
The Planning Commission unanimously recommended rezoning 203 Highland Drive from R1 to R2 to accommodate an above‑ground pool whose placement was constrained by overhead utility lines; staff said a variance was not appropriate because the issue is effectively self‑imposed.
The commission voted unanimously to send a favorable recommendation to the Board of Mayor and Aldermen to rezone 203 Highland Drive from R1 to R2 after staff explained that overhead utility‑service lines bisect the applicant’s backyard and constrain placement of structures.
Steve Heath spoke for the applicant, Leonard Bustamante, explaining that an above‑ground pool had been installed and that the pool company did not obtain a permit in advance of installation. Staff reported that because an overhead utility service runs through the yard and the service corridor requires clearance, options to relocate the pool were limited.
Staff said a variance would be difficult to justify because local rules require that a qualifying hardship not be self‑imposed; staff concluded a rezoning to R2 — which reduces side‑setback requirements from 10 feet to 5 feet — would provide a practical remedy and aligns the parcel with nearby lots that are already zoned R2.
Commission action Commissioner Rice moved and Commissioner Seaborne seconded a motion to send a favorable recommendation to the board. The commission voted 6–0 in favor.
Why this matters Rezoning would allow the existing above‑ground pool to remain in place without a variance. Staff noted that similar lot sizes and zoning inconsistencies exist in the subdivision and that rezoning this parcel would simply align it with neighboring lots that already carry R2 zoning.
Clarifying details - Applicant: Mr. Leonard Bustamante (represented at the meeting by his father‑in‑law, Steve Heath). - Requested change: rezone 203 Highland Drive from R1 to R2; the practical effect is a reduced side‑yard setback from 10 feet to 5 feet. - Commission vote: favorable recommendation to the Board of Mayor and Aldermen, 6–0 (mover: Commissioner Rice; second: Commissioner Seaborne).
Provenance Topic intro: public comment from Steve Heath and staff explanation about overhead TUA utility service constraining the yard. Topic finish: motion passed 6–0 to send a favorable recommendation to the Board of Mayor and Aldermen.
Ending The recommendation will be transmitted to the Board of Mayor and Aldermen for final action; if the board approves the rezoning, the pool placement will conform to the revised setback standard without a variance.
