Staff recommends approval with conditions for the proposal as shown in the attached plans, consisting of two pages, prepared by Creative Pools & Waterscapes, signed and sealed on May 24 2019 by Vicente Franco, PE, and stamped received on June 6 2019. The recommended conditions are as follows:

1. Approval shall be substantially consistent with the plans prepared by Creative Pools & Waterscapes, signed and sealed on May 24 2019 by Vicente Franco, PE, and stamped received on June 6 2019.

2. Decking east of the pool shall be limited to 225 square feet.

3. Additional landscaping, as approved by the Planning and Zoning Staff, shall be provided along the side of the pool facing the lake to screen the pool retaining wall.

The Applicant is proposing to build a 383-square foot swimming pool in the rear yard of an existing single-family home located on Lake Martha. The overall size of the pool is typical for a residential property developed with single family home. The home itself is sited 9.6 feet from the top of the slope (the “Tie Line”) that leads to lake. The Land Development Code does not permit pools and decks waterward of the Tie Line. The effect is the inability to construct a pool on the property without the benefit of a variance. The applicant has considered alternative locations and orientations for the pool, but all the options necessitated a variance of some sort. The proposal presented, requesting the 17'-7” variance beyond the top of slope, represents the minimum necessary for any pool to be built on this property. An encroachment of 17'-7” feet beyond the Tie Line of the property in question leaves 21 feet of unencumbered slope area at its narrowest point and 27 feet at its widest.