Orange County — Board of Zoning Adjustment

VA-04-09-001 — Henry Pohlmann

Request: Variance in A-1 (agricultural) zone to construct pool, pool decking, and spa 35 ft. from the Normal High Water Elevation of Lake Sawyer in lieu of 50 ft. (Approved w/conditions 11/4/2004)

BCC Outcome January 4, 2005 Upon a motion by Commissioner Jacobs, seconded by Commissioner Stewart, and carried with all members present and voting AYE by voice vote, the Board approved the request by Henry Pohlman for a variance in A-1 (Agricultural) zone to construct pool, pool decking, and spa 35 feet from the normal high water elevation of Lake Sawyer in lieu of 50 feet, on the above described property; subject to the following conditions: 1. Development in accordance with site plan, dated October 15, 2004, and all other regulations unless expressly waived by these conditions. 2. Prior to the issuance of any permits, the property owner shall record an Indemnification Agreement which indemnifies Orange County from any damages caused from the rise in the lake water level. 3. Prior to final inspection approval, pollution abatement swales shall be provided above the normal high water elevations across the entire width of the property. 4. Prior to issuance of any permits, written approval is required from the Environmental Protection Division. 5. Prior to issuance of any building permit for the swimming pool, pool deck, or spa, the landowner shall have executed and recorded a document in the Official Records of Orange County, Florida, applicable to the subject property which recites that a swimming pool, pool deck and/or spa, may be constructed or may have been constructed within the 50 foot setback from the normal high water elevation of Lake Sawyer as authorized by a variance approved with conditions by the Board of County Commissioners at a public hearing held on Tuesday, January 4, 2005, and that the variance did not authorize construction of a screen enclosure for the pool within the 50 foot setback.

Decision: Approved

Hearing: The applicant has a house under construction. He wants to build a pool and pool decking 35 feet from the normal high water line. The house is outside the flood zone. Staff informed the BZA that Orange County approved two similar variances adjacent to this lot. A representative from the Environmental Protection Division gave a short briefing on factors that impact lakes. The applicant gave his presentation. The BZA approved the request finding it was consistent with past BZA approvals. There was no opposition.