Board rejects waterfront setback variance for elevated pool on Bay Drive

The Zoning Board rejected a request to permit an elevated pool support structure within a 25‑foot waterfront setback on Bay Drive (BNZ 2611000016). Staff told the board the request would permit structural pool elements and egress stairs to come within five feet of the rear property line, while no enclosed habitable space was proposed within the setback.

The applicant’s representative described coastal constraints — a protected mangrove preserve and Wahoo Bay topography — and explained the pool is elevated to the living level required by flood‑elevation rules. “We’re not trying to impede… the only people directly affected in any way would be the neighbor to the North and South,” the representative said, adding that the elevated pool would not create habitable floor area within the setback.

Board members expressed reservations about reducing a 25‑foot waterfront setback by 20 feet, raising historical context that Wahoo Bay and its configuration have long informed local setbacks and that approval could create a precedent. After questions about alternative stair locations, equipment placement and whether the house could be moved forward, the board voted and the motion to grant the variance failed on roll call.