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BZA approves side-yard setback reduction to permit pool at 6497 Orange Berry Road
Summary
The BZA approved a variance, 6-0, reducing the side-yard setback to 5 feet 8 inches to allow an in-ground pool and patio at 6497 Orange Berry Road; staff said the pool will meet the plan’s shown distances and that required permits and safety measures (fence/cover) remain conditions of approval.
The Board of Zoning Appeals voted 6-0 to approve a variance allowing a homeowner at 6497 Orange Berry Road to reduce the required side-yard setback from 10 feet to 5 feet 8 inches to install an in-ground pool and patio.
Planning staff explained the request for Case BZA-26-3 and said the site is about 0.2 acres in Tarleton Meadows. Staff noted the proposed pool itself would be more than 10 feet from side and rear property lines per the plan while the proposed landscaping wall would sit 5 feet 8 inches from the property line. Staff recommended approval with two conditions: that the pool be located as shown on the site plan and that all required permits be obtained before installation.
A board member asked why the code requires a 10-foot setback when building setbacks in the neighborhood can be narrower; staff and another staff member, John, said the 10-foot pool setback aims to avoid impacts from accessory structures (for example ladders), while patios alone are allowed down to 3 feet under current code. Staff noted prior similar variances have been approved and said the city is considering updating code language to treat patios and pool decks differently.
Member of the public David Evans asked a procedural question: "If the variance is accepted, does the contractor have to go back and reapply for the permit, or is the permit application still valid and it's just processed moving forward?" Staff answered that if the permit matches what is approved the contractor would not have to resubmit; permits that had been on hold would be processed to reflect the approval.
Board members followed up to confirm wall heights and that the pool sits at least 12 feet 6 inches from the property line at its closest point. A motion to approve Case BZA-26-3, including staff recommendations, passed on roll call with six affirmative votes (Mister Mills; Mister Bucci; Vice President McGee; Mister Antle; Mister Blythe; President Deisel).
