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Board grants pool setback variance at 398 NE 23rd Street
Summary
The Planning & Zoning Board approved a variance to allow a 10-foot street-side pool setback at 398 Northeast 23rd Street, concluding the lot’s existing built conditions prevent rear-yard pool placement and that approval would not harm the surrounding neighborhood.
The Boca Raton Planning & Zoning Board on April 18 approved a variance allowing a 10-foot street-side pool setback for the Hammond residence at 398 Northeast 23rd Street, reversing the 15-foot street-side setback otherwise required by code.
Nellie Jean, the city zoning officer, presented the staff analysis and explained that the property is in a single-family R1E zoning district, that the house (originally built in 1959) and a later addition left no practical rear-yard location for a pool, and that the requested relief of five feet would permit reasonable use of the lot. Jean said the variance would "give the applicant the ability to construct a pool and is the minimum variance necessary to make reasonable use and enjoyment of the property," and recommended approval.
Board members asked only clarifying questions about existing fencing and hedges; no members of the public spoke in opposition. A motion to approve carried on roll call, recorded as unanimous (6–0).
The approval includes the usual finding that granting the variance will not be detrimental to the public welfare and that the request is tied to constraints created by prior permitted work on the property. Staff noted that the applicant had previously received multiple permits for renovations and that the proposed pool location is effectively the only feasible option on the lot.
The board did not attach any additional city-funded requirements. Implementation will follow standard permitting and inspection processes administered by Development Services.
