Homeowner seeks allowance for existing pool and decks within required setbacks

Zoning hearing officer Robert Carthell called petition 26035 (the Gary petition) on Aug. 26 and explained the request: a conditional use to allow an existing swimming pool to remain approximately 4.1 feet from the rear property line (it has existed at least five years), a variation to reduce the corner-side setback for an existing deck from 30 feet to approximately 16 feet, and a variation to reduce the rear setback for an existing deck from 15 feet to approximately 2.85 feet. The publication date for the notice was entered into the record as Aug. 11, 2026.

The petitioner (who did not provide a full name on the record during testimony) was sworn and said he has lived at the house since 2003 and that the current pool was installed in 2017 or 2018 as a replacement for an older pool. He said deck work completed this spring addressed an unsafe condition (previously unsecured access), and he told the board he did not realize a permit was required. "Basically, the reasoning is, to keep the yard intact, to keep everything the way it looks," the petitioner said. Carthell closed the record for this case and said his recommendation will be issued at the Sept. 16, 3:00 p.m. recommendation hearing; no final action was taken at this session.