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Board grants 6.9‑foot pool setback variance in Ocean Hammock for medical need
Summary
A homeowner in Ocean Hammock received a 6.9‑foot side‑setback variance June 10 to install a pool and pool deck; the owner said the pool is recommended for his wife's scoliosis and the property has HOA architectural approval.
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The Flagler County Planning and Development Board approved a 6.9‑foot right‑side setback variance June 10 to allow a pool and pool deck on a narrow Ocean Hammock lot, citing the lot’s constrained rear yard and the homeowner’s medical justification.
Planner Simone Kenny explained the lot’s plat addendum sets unusual setbacks (including a 0‑foot building line and a 3‑foot overhang easement) and that pools are measured to the deck edge under county code. Staff noted the applicants had HOA Architectural Review Board approval and that the request was a before‑the‑fact variance; no objections had been submitted to staff.
Owner Leonidas Fernando said the pool was requested primarily for medical reasons: his wife has progressive scoliosis and requires aquatic therapy and easier pool access. "It took many years for us to decide to have a swimming pool... not because of leisure or luxury, it's actually for medical reason," Fernando said.
Board members referenced precedents in the neighborhood for similar pool/deck configurations and, after discussion, moved and voted to approve the variance. The motion carried by voice vote.
The approval is recorded as a before‑the‑fact variance and includes the standard conditions described in the staff report.

