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ZBA approves 4-foot variance for pool at 2021 Old Brier Road

Highland Park Zoning Board of Appeals · March 19, 2026
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Summary

The Highland Park Zoning Board of Appeals voted to grant a 4-foot side-yard setback variance for a pool at 2021 Old Brier Road after the applicant removed a gazebo, relocated pool equipment and argued corner‑lot conditions and foundation-settling risk constituted hardship.

The Highland Park Zoning Board of Appeals on March 19 approved a variance allowing a swimming pool to encroach 4 feet into the 19-foot north side‑yard setback at 2021 Old Brier Road.

The applicant, Bo Panosuk, told the board he revised the project after the board’s January hearing: “I submitted an additional one after I received all your notes and neighbor suggestions,” he said, and removed a gazebo and relocated pool equipment so that “the proposed relief is to encroach into the north sideyard setback of 19 ft by 4 feet for a pool.”

Patrick, the city planner presenting the case, said the packet showed the revised location and confirmed the fence and pool equipment now meet applicable requirements; he noted one new public comment had been attached to the file. Neighbor Mark Seagull of 243 Red Oak spoke in support, saying Panosuk had addressed previous board concerns and asking that the record reflect limits on additional vertical structures in the setback area beyond screening for pool equipment.

Board members said the applicant had reduced bulk and mitigated prior impacts; Member Zeransky said he believed the corner‑lot condition and the applicant’s changes established a hardship, and Vice Chair Chase confirmed he had watched the prior meeting video and found the applicant had addressed concerns. After discussion the board voted to approve the variance as drafted.

By approving the relief, the board authorized the pool’s placement as shown in the submitted site plan and incorporated the conditions contained in the approval order and site plan. Staff said accessory structures that would encroach beyond what is permitted by code would still require separate approval.

The ZBA’s approval closes the matter for the current applicant; the board did not add additional written conditions beyond the standard order and the approved site plan. The meeting moved on to the next agenda item.