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Board approves front‑yard pool variances after staff says permit was issued in error
Summary
The Brevard County Board of Adjustment granted three variances to allow a partially built front‑yard pool to remain after staff said the building permit reviewer did not flag required variances; the pool was described as 80–90% complete and an open safety risk.
The Brevard County Board of Adjustment on March 18 voted to approve three variances that will allow homeowners William R. and Sharon Palmer to complete a swimming pool and screen enclosure built in the front yard after staff determined variances were required.
Monica Pritchard, the Palmers' attorney, told the board the pool contractor obtained a building permit and the work proceeded until county staff placed a hold when it was discovered the pool sits forward of the house’s front‑building line. "They are 80 to 90% complete at this point," Pritchard said, and added the open basin poses a safety risk while construction remains unfinished. She asked the board for variances so the homeowners could secure the site and finish the work.
The board asked staff how the situation occurred; county staff acknowledged that the permit reviewer did not flag the need for variances and described the permit issuance as an error. Board members debated how the permit had been approved and discussed the neighborhood context and safety measures the applicants had supplied, including a pool alarm.
After discussion the board approved the variances despite recorded opposition from two members. The transcript records individualized 'no' votes on the item; the minutes show the approvals carry. The board’s action regularizes the partially built pool and allows building and permitting staff to complete final inspections once required safety and permitting conditions are met.
What happens next: The building and permitting division will update permit records and inspect the site for any remaining code or safety items before finalizing the permit.
Attribution: Monica Pritchard, attorney for the homeowners, represented the applicants; county staff and board members questioned the permit history and safety precautions.
