Development News for Clayton, Ohio

Zoning Board Approves Variance for Swimming Pool with Safety Cover in Lieu of Fence

The Board of Zoning Appeals heard an application for a variance to construct an in-ground swimming pool at 7945 Crestway Drive. The applicant requested variances for the pool's distance to the primary structure (8 ft requested vs. 15 ft required) and for a swimming pool safety cover in lieu of a 5-ft high fence with a locked gate. The applicant cited pre-existing well and septic systems and property grading as reasons for the placement. Staff recommended partial approval with conditions, including an 8 ft setback from the primary structure and 15 ft from lot lines, and a 5-ft fence with a locked gate. However, after public comment and discussion regarding the Ohio Building Code (Appendix G), which allows for safety covers in lieu of fences, the board amended the conditions. The final approval granted the variance with two conditions: 1) the pool is located in the rear yard with an 8 ft setback from the primary structure and 15 ft from lot lines, and 2) the pool will have an automated pool cover that meets building codes and specified safety standards.