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Board approves pool setback variance on constrained corner lot after neighbor raises tree and drainage concerns
Summary
The Zoning Board approved Laurie and Todd Birmingham's request for a 15-foot side-yard variance to install a 14-by-28 in-ground pool at 2260 Pine Haven Drive, after neighbors raised concerns about a mature tree, drainage and construction impacts; the board discussed arborist review, fencing and drainage as possible conditions.
Todd Birmingham asked the board to grant a 15‑foot side‑yard setback variance to install a roughly 14x28 in‑ground pool on a corner lot at 2260 Pine Haven Drive. Neighbors Colby and Julia Franklin submitted a detailed letter asking the board to require a land survey, an arborist review of a large mature tree near the property line, a detailed drainage plan and a non‑see‑through fence to address safety and visual impacts.
Birmingham said the lot's corner geometry, existing deck placement and underground utilities constrained where a pool could go and that tall foliage along the property line now provides screening. He said contractors advised that the chosen location would avoid utility conflicts and that a drain grate on his property could be used for pool drainage. Board members probed drainage paths, construction access, distances between houses and whether the fence would be sited on the pool apron; planning staff confirmed in‑ground pool fences may be located at the pool apron and that certain safety provisions apply if the house is used as part of the barrier.
After discussion, a motion to approve the side‑yard variance passed; the board emphasized the unique corner‑lot conditions and advised the applicant to coordinate a drainage plan, consider an arborist evaluation at the neighbor's request, and work with staff on required safety fencing and building permits.
