Clayton zoning board approves pool variance at 7945 Crestway Drive with automated cover in lieu of fence

The City of Clayton Board of Zoning Appeals on a unanimous vote approved variance VAR2604 for 7945 Crestway Drive, allowing a proposed in-ground pool to be located as close as 8 feet from the primary structure and permitting an automated pool cover that meets Ohio building-code/ASTM/ANSI standards in lieu of the code27s usual 5-foot fence requirement.

Planning staff presented the application and supporting materials, saying the property (Parcel M 60003090002) is zoned RSD, totals 1.205 acres, and that the applicant, David Holly, had moved a septic outlet and obtained public-health permits. Staff recommended partial approval, noting the project27s constraints and proposing conditions including rear-yard placement and dimensional relief to 8 feet from the house and 15 feet from lot lines.

"The applicant desires to construct an in-ground swimming pool 8 feet away from a primary structure," planning staff said in the presentation, outlining the site maps, septic-permit documentation and the staff recommendation.

At the meeting board members questioned whether Clayton had adopted Appendix G of the Ohio Building Code (the section that allows power safety covers in lieu of barriers). Planning staff said Clayton has not adopted Appendix G and that any change to the city27s building code would require review by the Planning Commission and approval by City Council. The board read the Ohio building-code language into the record during deliberations.

Applicant David Holly described constraints that led to the variance request: the existing and relocated septic placement, a breakfast nook that reduces available rear-yard depth at one corner of the house, and practical difficulties of locating fence posts without impinging on utility easements or making a rear door or window inoperable. Holly said a safety cover would better protect his young son.

During public comment, Dave Kramer, who described installing automatic covers for residential pools, presented technical details and safety claims for covers and answered questions from board members about life expectancy, materials and operation. "Covers are by far safer than any fence," Kramer said, explaining that certified automatic covers meet ASTM standards, are designed to support weight and can be locked at the control.

Neighbor Lynn McArdle, whose property backs up to the Holly lot, testified in support of the application and described the Hollies as "responsible neighbors," urging the board to approve the variance so Mr. Holly could use the pool for health and family reasons.

After deliberation the board voted to approve the variance with two conditions: (1) the pool must be located in the rear yard and set back a minimum of 8 feet from the primary structure and 15 feet from any lot line and not within recorded easements; and (2) the pool must have an automated pool cover "as proposed tonight" that meets the Ohio building-code/ASTM/ANSI standards the board discussed. The motion passed on a roll call vote with all members present voting yes.

Board members emphasized the applicant27s responsibility to follow manufacturer guidance and the cited safety standards, advising the homeowners to practice closing and locking the cover and to conduct due diligence on installation and maintenance.

The Board noted staff had made the application27s findings of fact under chapter 114107 of the Clayton Planning and Zoning Code and read the resolution that the application met the variance criteria. Staff also notified the board that Randolph Township owns property within 300 feet of the subject property.

No additional pending applications were reported for the next meeting, and the Board adjourned.