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Board denies pool variance at 735 Patterson Street, finds no legal hardship
Summary
The board denied a requested setback variance for a proposed pool on a vacant lot at 735 Patterson Street after concluding the applicant had not demonstrated an unnecessary hardship and could redesign the home to accommodate the pool.
The Pinellas County Board of Adjustment unanimously denied a variance request to allow a proposed in‑ground pool to encroach into the rear setback at 735 Patterson Street.
Staff recommended denial for case VARDash25Dash14, saying the application did not meet the criteria of Land Development Code section 138‑231 because it showed no special conditions or unnecessary hardships and was not the minimum variance necessary. Planner testimony noted the future single‑family home could be redesigned to meet required setbacks.
Applicant Josh Patterson told the board he had redesigned the home multiple times (he said seven times) and described the lot as wedge‑shaped; he said moving the house north would significantly reduce square footage and compromise living spaces and garage needs. Board members and staff pressed for evidence of a hardship and repeatedly suggested design alternatives—narrowing the pool, reducing bump‑outs, moving the garage—that could avoid the requested 3‑ft encroachment.
A motion to deny (mover: Andrew Pansinger) was seconded and passed 7‑0. Members specifically cited lack of demonstrated hardship and concerns about setting a precedent for large percentage variances of required setbacks. The transcript shows detailed back‑and‑forth about floor‑plan tradeoffs but no public opposition appeared.
