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Board approves pool setback variance for Dent family but denies appeal to place equipment in side yard
Summary
The Erlanger Board of Adjustment approved a variance allowing a pool to sit 18 feet from the rear lot line (down from 25) at 3392 Woodland Hills Drive but upheld the zoning administrator nd denied the applicant's appeal to place pool equipment in the side yard.
The Erlanger Board of Adjustment voted Feb. 23 to grant a variance reducing the rear-yard setback for a proposed swimming pool at 3392 Woodland Hills Drive from 25 feet to 18 feet while denying the applicant's appeal to locate pool equipment in a side yard.
Staff recommended approval of the setback reduction and recommended upholding the zoning administrator's decision on equipment placement, and the board followed that guidance. Patrick Denbo, senior planner with PDS staff, told the board the lot is roughly 0.24 acres and that the rear yard is shallower than most lots on Woodland Hills Drive, which staff said created a special circumstance supporting a variance. Denbo said staff found the variance would not adversely affect public health, safety or welfare and would not allow an unreasonable circumvention of the ordinance.
Applicant Matthew Dent said the proposed side-yard equipment location was the only practical spot that would avoid visibility from the street and neighbors, noting elevation differences and the applicant's plan to install a six-foot privacy fence and additional landscaping for screening. Legal counsel Jack reminded the board that the appeal is governed by a narrower standard: the board may overturn the zoning administrator only if it finds an error of law, fact or ordinance interpretation, not simply a policy disagreement.
Board discussion focused on that legal standard. On the variance request to reduce the rear setback, a motion to adopt staff's favorable recommendation carried on roll call. A subsequent motion to uphold the zoning administrator's denial of side-yard equipment also passed on roll call, meaning the appeal failed and the equipment must remain in the rear yard if installed.
The board recorded the votes on the two actions in separate roll calls; a board member recused themself from the Dent matter prior to deliberations. If the approved variance is implemented, building and zoning permits and compliance with Kentucky Building Code pool enclosure and gate requirements will be required.
