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Board approves variance to keep existing pool at 115 Northeast 17th Street, requires deck reconfiguration
Summary
The Oak Island Board of Adjustment approved a variance May 13 allowing an existing above‑ground pool that encroaches into the rear yard to remain at 115 Northeast 17th Street, but required the attached raised deck be rebuilt so it does not encroach more than the pool’s granted relief (about 1.1–1.3 feet).
The Oak Island Board of Adjustment on May 13 approved a variance allowing an above‑ground swimming pool and attached raised deck at 115 Northeast 17th Street to remain despite encroaching into required setbacks, but conditioned the approval on reconfiguring the deck so its side‑yard encroachment does not exceed the pool’s permitted encroachment.
Taylor, a town staff planner, told the board the pool encroached into the required rear yard by approximately 1 foot 3 inches and the attached raised decking encroached the side yard by about 4 feet 11 inches; the survey in the packet showed the structures had been installed without building or zoning permits. "No building or other structure shall be erected... without a building permit," staff cited from the town’s Unified Development Ordinance and explained the parcel and survey history to the board.
Justin Owens, an attorney with Taylor Law Group representing Richard and Tammy Boyd, said the Boyds relied on a contractor and an earlier, incorrect survey. "They hired a professional contractor and that professional contractor told them that they didn't need a permit," Owens said, arguing the owners did not intentionally violate code and have since worked to comply.
The property owner, Richard Boyd, told the board he chose an above‑ground pool to keep costs down and built an elevated deck to supervise young grandchildren. "I have five grandchildren, and that's the whole reason I built it," Boyd said, and submitted photos plus three neighbor emails supporting the pool.
Board members pressed staff and the applicant on evidence: Miss Davis, the zoning reviewer, confirmed a survey is required for pool permits and that the Tidewater survey in the packet reflected the pool and deck locations. Members discussed precedent for permitting installed pools to remain and the principle that owners are responsible for contractors' actions, with several members expressing sympathy for the family's situation.
After closing the public hearing, the board moved through the required four variance findings (unnecessary hardship; hardship peculiar to the property; hardship not self‑created; consistency with the ordinance’s spirit and purpose). The board voted in the affirmative on each finding and then approved the variance with a condition: the deck must be reconstructed or reduced so that it does not encroach into the side yard more than the pool’s allowed encroachment (the survey and board discussion identified the allowed encroachment as roughly 1.1–1.3 feet). The board directed staff to prepare the written findings and order for the chair’s signature and delivery to the applicant.
Town counsel and staff told the board they will present the findings for board review at the next meeting before the chair signs, citing statutory procedures. The board’s approval addresses the pool and attached decking; the accessory shed on the property remains nonconforming and will require a separate application or corrective action, staff said.
The board’s conditional approval settles the immediate request to allow the structures to remain while requiring the applicant to bring the deck into conformance with the amount of relief granted for the pool.
