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Owners seek lot‑coverage increase and setback reduction to legalize unpermitted pool decking in Fontaine Place
Summary
Homeowners at 2082 Fontenay Place are pursuing a plat amendment and a variance to retain pool decking and additional hardscape installed without a permit. The city reported a resolved mayor’s‑court case and a $15,000 fine; the board requested drainage documentation and before/after photos ahead of a May 20 vote.
Attorney Frank Reed, representing homeowners George and Cynthia Zagornis, appeared May 6 to present a plat amendment and variance request for 2082 Fontenay Place in Fontaine Place.
Staff recounted the subdivision’s history, the platted 32‑foot rear setback for this cul‑de‑sac and prior approvals for the original pool permit. Staff and the city noted additional decking and hardscape were installed without a separate permit; the code compliance matter was resolved in mayor’s court as part of a settlement and the parties agreed to a $15,000 fine.
Reed said the pool permit and initial decking were permitted and inspected (permit dated 08/17/2022; inspection completed 10/19/2023), but later landscaping and concrete decking north of the pool were installed without a permit. He described additional stormwater measures the owners installed, including a rain garden and landscaping, and said those actions have improved drainage for neighbors. "We've said, despite this mistake, the application shows that the improvements installed on the property were done tastefully, and they make the property better in every way," Reed told the board.
The requested amendments are: a reduction of Lot 3’s platted rear setback from 32 feet to 19.5 feet and a lot‑coverage variance raising the allowable coverage from the typical 45% (40% plus a 5% pool bonus) to 50%. Board members asked for documentation of drainage improvements (design specifications for the rain garden, French drain and other measures) and before/after photos to corroborate the applicants’ claims that flooding historically occurred and that the improvements have eliminated ponding.
Staff noted there is some precedent for single‑lot plat amendments in Upper Arlington, but emphasized the need to evaluate the request on its merits and to consider stipulations — such as restrictions on future development within the amended area — to prevent larger built structures in that space. The board did not vote; staff said the plat amendment and the variances will be scheduled for formal consideration on May 20.
