The Pinellas County Board of Adjustment and Appeals voted 4–0 on Jan. 2, 2025 to grant an after-the-fact variance that allows an in-ground pool at 2274 Lake Drive in unincorporated Dunedin to remain with a 5-foot-10-inch rear setback where 8 feet is required.

Board Chair Debbie White opened the meeting and staff member Michael called the case, labeled VAR-24-26. Michael told the board the pool permit was issued Nov. 26, 2024 with an incorrect rear setback entered by county staff and that construction had already begun by the time the error was discovered. "By the time that, staff error was discovered, construction of the pool had already commenced," Michael said, and packet photos show concrete forms had been poured.

Staff recommended conditional approval. Michael described the lot as irregular, on a curve with shorter lot depth than typical lots, and noted two neighboring properties to the west received reduced rear setbacks from the board in 2002. He told the board the deck associated with the pool is at a 5-foot setback and that pool cages are measured to a different 5-foot rule; the pool itself is measured from the rear setback to the water's edge and is at 5 feet 10 inches instead of the required 8 feet.

Applicant Nicole Manski, who identified herself for the record, confirmed the pool was built under a county permit and said she plans to install a pool cage; board members and staff discussed that a pool cage and deck could meet the 5-foot setback even though the pool water's edge does not meet the 8-foot requirement.

Michael explained county code does not allow an administrative adjustment for the magnitude of this error (administrative adjustments are limited to 20 percent), so a formal variance was required despite the permit error. Because the error originated with county staff, Michael said no variance fee was charged to the applicant. Staff's conditional approval requires the applicant to obtain all required permits and meet other applicable setbacks.

Vice Chair Alan Baumstein moved to adopt staff's recommendation of conditional approval in accordance with the findings of fact contained in the staff report; the motion was seconded by Holloway and passed by voice vote, recorded as 4–0. Chair Debbie White announced, "You have your variance." The applicant thanked the board.

The board then proceeded to approve the Dec. 4, 2024 minutes by voice vote.