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Commission grants waiver to place in‑ground pool inside Poplar Woods nondisturbance limit
Summary
The Oldham County Planning and Zoning Commission voted Sept. 23 to approve a waiver permitting a homeowner in Poplar Woods to place a 14‑by‑35‑foot in‑ground pool that encroaches into a recorded 40‑foot nondisturbance area behind Lot 53.
The Oldham County Planning and Zoning Commission voted Sept. 23 to approve a waiver allowing a homeowner at 12507 Poplar Woods Drive to place an in‑ground swimming pool that encroaches into a recorded 40‑foot limit‑of‑disturbance on the rear of Lot 53.
Ryan Fisher, director of planning, explained the limit was recorded on the subdivision plat in 2008 after the commission and Technical Review Committee expressed concern about steep slopes in the rear yards of several lots during the subdivision approval. The applicant, Nathan Howard, presented a plan for a 14‑by‑35‑foot (490‑square‑foot) in‑ground pool with a surrounding concrete deck, retaining wall and fencing. Howard said he and his contractor worked with the Poplar Woods homeowners association and obtained HOA approval for the pool, retaining wall and landscaping.
County engineer Jim Silliman said staff inspected the site and that the original 40‑foot limit was intended to address steep slopes and erosion risk. He told the commission the proposed pool and retaining wall "do not seem to impact that concern of erosion" and that construction would require restoration and standard building‑permit details to address drainage and structural stability. Silliman also noted the applicant must obtain a pool construction permit and that the building permit review would require structural and drainage details such as underdrains or weep holes if necessary.
The commission’s decision: Miss Nasser moved to approve the waiver; Mister Hampton seconded. The motion included the standard condition that the waiver applies only to the plan reviewed at the Sept. 23 hearing. The commission also referenced the HOA letter in the record. The roll call vote was 13–0 in favor.
What the approval requires next If the owner proceeds, the building‑permit application must include full construction drawings and details for the retaining wall, pool structure, fencing and any required erosion‑control or drainage measures. Staff said a refundable fencing deposit and inspection will be required before the pool is put into regular use. Commissioners and staff said temporary construction disturbance must be restored and that existing trees and understory should be preserved where feasible.
Why this was on the Planning Commission agenda Fisher and County Attorney Ryan Baxter explained that subdivision regulation Section 5.9 (environmentally sensitive areas) directs the Planning Commission to consider requests to alter limits designated for sensitive areas; for that reason the waiver was heard by the commission rather than the Board of Adjustments. The HOA letter approving the pool and granting a variance for placement within sight‑line rules was placed in the hearing record and noted by commissioners.
Action summary: PZ‑25‑027 — waiver to encroach into 40‑foot limit‑of‑disturbance for Lot 53 at Poplar Woods: approved 13–0. Applicant: Nathan Howard. HOA: Poplar Woods HOA approval on file.
Ending: Staff will process the building‑permit application and verify required erosion‑control, drainage and fencing details as part of the permit review.
