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Commission approves pool setback waiver at 737 2nd Street North
Summary
The commission approved a waiver reducing the required 3-foot separation from a pool to the primary structure to 1'6" for a property at 737 2nd Street North after staff presented engineering affirmation and the builder explained tree protection and design constraints.
The Safety Harbor City Commission unanimously approved a waiver allowing a private pool to be built closer to a covered lanai than the city’s 3‑foot separation requirement.
Senior planner Cecilia Chin presented the application for 737 2nd Street North, explaining the code’s intent (to protect foundations) and noting that the applicant’s engineer provided calculations and a written affirmation that the proposed 1'6" separation would not compromise structural integrity. Chin said the property is under construction and that moving the pool farther from the tree root system would force encroachment into a required 5‑foot setback.
Builder and resident Sean Carver told the commission the pool is designed with columns and a covered lanai; he said the pool is seven to nine feet from most exterior walls but encroaches by a lesser distance where columns supporting the roof are present. “This isn’t a life‑safety issue as this is not a Florida building code issue. This is a city ordinance,” Carver said, urging the commission to review the ordinance’s intent.
Commissioners asked about drainage, the proximity to doors and glass, and how the separation is measured (columns vs. exterior wall). A neighbor, Bristol Arnold, spoke in support of the design and said she hoped the issue would not prevent construction.
A motion to approve the waiver was moved, seconded and approved 5–0.
Implication: Staff will retain the engineer’s field plan affirmation in the public record and proceed with permitting under the waived separation; if construction proceeds the applicant remains responsible for complying with Florida Building Code requirements and any inspection process.
