BZA approves pool setback variance for Buck family citing health need

The Charlotte County Board of Zoning Appeals on March 11 approved VAR-26-005, granting Heather and Timothy Buck a reduction of the rear-yard setback from 10 feet to 5 feet to permit a new swimming pool, pool deck and pool cage at 542 Encarnacion Street in Punta Gorda.

Elizabeth Nocek, senior planner, told the board staff's preliminary finding was that the applicants met the five variance approval criteria because the lot is legally nonconforming at about 9,600 square feet and the house configuration—including a centrally placed screened porch—prevents any standard placement for a pool without a variance. "Subject property is approximately 9,600 square feet in area, which is below the minimum lot size for RSF zone properties," Nocek said.

Applicant Timothy Buck explained the pool is intended primarily for health reasons: he and his wife cited ongoing musculoskeletal issues and hip replacements and said a lane-style pool is necessary for low-impact hydrotherapy. "Swimming provides a low impact option for exercise and hydrotherapy to ease joint and muscle pain," Buck said.

A neighbor, Dorothy Anderson, asked about runoff problems related to a different pool installation on the same street; staff advised her to follow up with code enforcement for that separate matter. After staff reiterated three conditions limiting the variance to the shown pool, deck and cage and noting that the variance would expire if removed or replaced (except after natural disaster), a board member moved to approve VAR-26-005 and the board voted in favor.

The approval allows the Bucks to proceed with the pool as shown in submitted plans, subject to the staff conditions.