Commission approves waiver to build pool inside recorded nondisturbance area in Poplar Woods

The Oldham County Planning and Zoning Commission on Sept. 23 approved a waiver permitting encroachment into a recorded 40‑foot limit of disturbance for a new in‑ground pool at 12507 Poplar Woods Drive in Goshen. The vote was 13‑0.

Planning director Ryan Fisher and county engineer Jim Silliman described the request as arising from a recorded condition on the subdivision plat. The Poplar Woods subdivision plat, recorded following a 2006 approval, shows a 40‑foot limit of disturbance behind Lots 44–48 and 50–55 to protect steep slopes. Homeowner Nathan Howard told the commission he proposed a 14‑by‑35‑foot (490‑square‑foot) in‑ground pool placed to minimize intrusion into the nondisturbance area; the site plan in the record shows the pool and a concrete perimeter and retaining wall that encroach approximately 6–7 feet into the recorded limit.

Howard said he and the pool contractor worked with the HOA and the HOA letter in the hearing packet shows the association approved the pool, retaining wall, landscaping and fencing and granted a variance for siting within the sidelines of the house because of the recorded non‑disturbance area. Jim Silliman said the 40‑foot feature on the recorded plat was placed in 2006 specifically to address steep slopes and erosion concerns; he and staff reviewed the applicant’s construction approach and concluded the proposed retaining wall and landscaping would address erosion concerns if constructed and restored as shown.

The commission added a standard condition that the waiver applies only to the plan presented at the Sept. 23 hearing; staff said the homeowner must submit standard building‑permit drawings for pool construction, including drainage and retaining‑wall details, and provide required fencing (a refundable deposit is collected per pool permit procedures). Commissioner Nasser moved approval with the condition referencing the plan and the HOA letter; Commissioner Hampton seconded. The motion passed 13‑0.

Speakers included Ryan Fisher (director, Planning Department); Jim Silliman (county engineer); Nathan Howard (homeowner/applicant); and members of the Planning Commission. Because section 5.9 of the subdivision regulations governs environmentally sensitive areas, staff said this issue is appropriately considered by the Planning Commission rather than the Board of Adjustment.

Next steps: the homeowner must submit the pool construction permit and supporting engineering details; staff will review the construction drawings for required drainage, retaining‑wall design and restoration of any temporary construction disturbance within the nondisturbance area.