04:30The board reviewed variance application V-0925, which concerned the pool deck encroachment at a single-family home situated along a canal in the R1 zoning district. The initial permit for the pool deck was approved in 2021, but an error was discovered during the final zoning inspection when it was noted that the deck extended to the property line, violating the setback requirement. The error resulted from an oversight during the permit approval process, which led to the application for a variance before the Board of Adjustment.

05:08Senior Planning Technician Safi Ben presented staff findings, noting that the applicant met four out of six criteria necessary for variance approval. The applicant argued that correcting the encroachment would require extensive work, including the removal of both the pool deck and pool, due to the existing structure and the location of the pilings. The presentation included a survey and photographs showing the extent of the encroachment and emphasized that the encroachment did not pose visual, environmental, or safety concerns to the area.

10:44Attorney Alfredo Gonzalez, representing the applicant, highlighted the challenges and costs associated with rectifying the encroachment, emphasizing compliance with all other regulations and improvements made to the property. The board engaged in a brief discussion, considering the difficulty of accessing the rear of the property for modifications and the absence of direct neighbors behind the canal.

16:02After reviewing the situation and staff recommendations, the board members voted unanimously to approve the variance, with the condition that the applicant complies with all applicable federal, state, and local regulations. The decision allows the existing pool deck to remain in place, maintaining harmony with the neighborhood’s overall development standards.