Escambia County BOA unanimously approves front‑yard pool variance and 8‑foot fence at Jernigan Road property

The Escambia County Board of Adjustment voted unanimously June 17 to grant a variance permitting a swimming pool in the front yard of 8810 Jernigan Road and an 8‑foot privacy fence, following a staff recommendation that the request met the county’s variance criteria.

Melissa Shirley, an urban planner with Escambia County, presented maps, photographs and applicable land‑development code provisions and told the board the parcel is accessed by a shared ingress/egress easement that makes the side of the house facing Jernigan Road the legal front yard. Shirley said the site’s steep elevation change, drainage and narrow setback create practical hardships that limit placement of accessory structures, and she recommended the requested relief as meeting the minimum necessary criteria: “the requested variance satisfies the required standards.”

Homeowner Carlos Munguia described purchasing the property last year and said the builder oriented the house specifically to preserve mature trees. “We have 14 oaks on [the] property, in size from 16 inch in diameter up to 58 inch,” Munguia said, and he pointed to a cleared area behind the house where they propose locating the pool without affecting live oak roots. Rebecca Munguia added that the taller fence would help prevent trespassing from an adjacent vacant lot and protect the trees.

No members of the public spoke on the item. After staff presentation and applicant testimony, a board member moved to grant the variances; the motion was seconded and approved by all members present. The board did not record any dissenting votes.

The board’s procedural remarks during the hearing reiterated that BOA hearings are quasi‑judicial, that testimony is taken under oath, and that decisions may be appealed to the circuit court within 30 days. The chair closed the item with reminders about filing Form 1 financial disclosures due July 1 and then adjourned the meeting.