Board approves pool variance for 1806 Montage Lane, 4–1 vote

The Wilmington Board of Adjustments voted Jan. 15 to grant a variance that allows an in‑ground pool at 1806 Montage Lane to be located between the principal dwelling and the side street.

City staff presented the case, noting the property is in a conditional UMX district with a 30‑foot setback for principal structures and a 5‑foot setback for accessory uses. Staff entered case materials into the record and explained that the proposed pool and deck would meet the five‑foot side and rear accessory setbacks but would extend into the 30‑foot streetscape buffer applied to primary dwellings.

Anna Knecht, general contractor with Grace Custom Homes, spoke for the homeowners. Knecht said the design respects utility and drainage easements and showed nearby examples where variances or after‑the‑fact permissions had allowed pools or porches to extend into similar setbacks. “We’re asking for permission as opposed to forgiveness,” Knecht said, noting the pool would be screened by privacy walls and would not intrude on drainage easements.

Board members discussed whether the hardship could be addressed by shrinking the pool; one member said reducing pool size might eliminate the amenity altogether. A board member moved to approve the variance and another seconded; the board approved the motion by voice vote with four members in favor and one opposed (the chair recorded his opposition). The board found the variance met the four required findings of fact based on the site constraints and surrounding examples.

The variance allows the applicant to proceed with the pool design subject to any standard permitting and inspection processes required by the building department.