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ZBA grants setback variances and easement encroachment approval pending agreement for pool house at 3801 Lucina Court
Summary
The board approved variances allowing an existing 322‑square‑foot pool house to remain within side and rear setbacks and to encroach on a utility easement at 3801 Lucina Court; utilities provided written approvals and an encroachment agreement will be recorded.
The Zoning Board of Adjustment approved variances on July 21 to allow an existing pool house at 3801 Lucina Court to remain within the required side and rear yard setbacks and to encroach on a utility easement.
Staff said the 322‑square‑foot pool house was constructed between 2020 and 2021 and encroaches to approximately 1 foot from the side property line (Article 6 requires 6 feet) and 2 feet from the rear (Article 6 requires 10 feet). The pool house also sits inside a 7.5‑foot utility easement. Planning staff reported the applicant has received written approvals from the affected utility companies and that an encroachment agreement will be executed and filed of record if the variances are approved. An active building permit is recorded for the project.
During questioning, staff said the structure currently lacks plumbing but that the active permit seeks to add a bathroom (toilet, shower and small sink); staff stated there is no sleeping area and they do not anticipate use as a dwelling unit. One written opposition was received from a nearby resident (Susan Valmont Lloyd); she supplied no comments.
Owner Luis Moreno spoke in support, saying the pool house provides a restroom for pool users and helps preserve pool chemicals. The board voted to close and approve the variances by a 9–0 vote.
If the board order is finalized, the city will record the encroachment agreement and inspections will continue under the active permit.
