We'll call to that was really weak, sorry about that.

But we'll call to order the Board of Adjustments meeting for Thursday, November twentieth, twenty twenty-five.

It is one oh three.

Before we get started, I'll read the Board of Adjustments introduction.

Hearings before the Board of Adjustments are quasi-judicial in nature.

Decisions for the board are based on the record of these proceedings.

To grant a variance requires a concurrent vote of four-fifths of the members of the board.

Appeals for the board's decision are to the Superior Court and based on the record.

Appeals must be filed within thirty days of the date of filing of the board's order in the planning division.

A hearing before the the board is conducted in accordance with rules of procedure.

Those who want to testify in a case are sworn as witnesses.

All right.

Does anyone have any questions?

If not, a motion for the continuance.

Like a mo like a motion that we continue item one 100 River Rockway to the December 18 Board of Adjustment Meeting.

All right, thank you.

Second.

All those in favor say aye.

Aye.

Anyone opposed?

That's can moves on.

The next item is item two.

It's 1810 Monteg Lane.

The variance to a legacy city code 18 204 Urban Mixed Use Setback Requirements and Section 18 308 to allow an in-ground swimming pool within the required setback.

Catherine, you're thank you, Chairman, members of the board.

Yes, the case before you today is a request for variance setback requirements for a swimming pool in the urban mixed use legacy district.

The subject property is part of airly at Wrightsville Sound subdivision, which was rezoned from R 15 to a conditional urban mixed use district in 2017 to facilitate the development of a higher density residential neighborhood.

The property across Airly Road, commonly known as Airley Gardens, is zoned R20 legacy district.

The subject property contains a single family dwelling that was constructed earlier this year.

Upon inspection of the property for the zoning final in September, the city's uh inspector determined that a swimming pool was under construction without the required permits.

Since this property is located in a mixed use district rather than a typical residential zoning district, the setbacks for swimming pools are based on those district requirements or five feet in this instance.

All portions of the swimming pool, including attached decking and equipment, must be located outside of the required setback.

This photo of the subject property looking north shows the portion of the pool coping that extends into the required setback on the north side property line, approximately one and a half feet.

And you can see the pool equipment, which is fully located within the required setbacks, and a required five foot non-municipal easement along the east property line.

On or about October 6th, 2025, the applicant submitted a request for a variance to allow an encroachment into the required setbacks for a swimming pool in the urban mixed use legacy district.

I'd like to submit the case summary and all attachments into the record, and I'm happy to answer any questions you may have of city staff.

Is a uh permit always required for a pool?

Yes, sir.

Thank you.

Any anybody else have questions?

Catherine.

All right, thank you.

Thank you.

All right, we ask if the applicant would like to speak.

Thank you.

Good afternoon.

My name's Amy Schaefer.

I'm here on behalf of the applicant.

I have a brief presentation.

Uh we want to thank Ms.

Thurston.

Um, as you can see from the packet, the original citation was actually stating that there was a 10-foot requirement for the setback.

That's the current code for residential zoning, but this is zoned UMX.

So Ms.

Thurston was able to clear that up before we brought this uh variance forward.

As you can see, um, the landscaping is in, the pool is in, the house is constructed.

Um the property owners had been working on the pool and the house for quite some time.

Various people had come out, they had gotten permits for everything else, um, and just simply did not realize that you had to have a separate permit for the pool until the zoning inspector came out and let them know that at that time.

Um I I have some background, but Miss Thurston covered all of that.

At that time, um, it was discovered that the pool was not set back appropriately for the five-foot setbacks.