Board of Adjustments approves variance allowing backyard pool at 606 Wisteria Drive

The Board of Adjustments approved a variance allowing a homeowner at 606 Wisteria Drive to locate a proposed backyard swimming pool closer to side and rear property lines than the zoning code or plat setbacks permit. The board recorded the electronic result as four votes in favor, zero against and one abstention; the meeting transcript identifies the abstention as "Alex." The chair announced the motion carried.

City planner Miguel explained to the board that the building official had not approved the homeowner's pool permit because the proposed pool would encroach on side and rear setbacks. The pool plan shows about a five-foot encroachment into the side setback and the pool pad edge about two feet from the rear property line. The zoning district requires a 10-foot side setback; the subdivision plat lists a 15-foot setback. In addition, the code has an 8-foot rear setback specifically for pools. The applicant requested variances reducing the rear pool setback from 8 feet to 2 feet and allowing the side setback to align with the 10-foot zoning setback rather than the 15-foot platted setback.

Staff recommended approval, saying the more lenient 10-foot zoning setback typically governs when it conflicts with a platted 15-foot setback because it allows greater enjoyment of the property. The applicant supplied letters from engineers and the pool contractor attesting that construction near the property lines would not negatively affect adjacent properties. Utility reviewer Encore also reviewed the plan because of nearby electric lines and reported no objections, though staff noted a 10-foot Encore easement remains on the property.

During the meeting a board member moved to approve the variance (referenced in the record as "VR25-0002606 Wisteria Drive Swimming Pool" and cited compliance with chapter 14A, section 33.4); another member seconded the motion. The transcript does not clearly identify the mover and seconder by full name in the audio record. The electronic vote was displayed and read aloud; one member identified as Alex abstained. The chair declared the motion carried and the meeting later adjourned.

At the time of the hearing the building official had not issued the construction permit because of the setback conflicts. The variance approval by the Board of Adjustments addresses the zoning/plat setback requirement; any final permit issuance will follow the normal building-permit review process.