Board postpones decision on Mount View above‑ground pool after parents cite child's therapeutic need

The board postponed a decision on a variance request for an above‑ground pool at 3272 Mount View Road, citing the complexity of the case and outstanding technical questions about whether the pool can be lowered or otherwise modified to conform to the city's pool standards.

Staff described the matter as an active code‑enforcement case; Upper Arlington zoning rules generally require pools to be in‑ground and limit above‑ground pool height to 2 inches, while staff said the installed pool exceeds that limit. Staff also noted precedent in past decades where above‑ground pools were denied and that the city has historically enforced the in‑ground standard.

Applicants Chris Cohen and Jacqueline Davis Cohen told the board the pool—installed in spring 2026—was purchased and used to help their child with special needs improve safety and swimming ability. Chris Cohen said the family had medical and therapy letters supporting frequent, at‑home aquatic practice and asked the board for flexibility; he said they had letters of support from neighbors. Neighbors and other residents provided both support and opposition at the hearing, raising safety, precedent and nuisance concerns respectively.

After lengthy discussion about mitigation options (burying the pool, shifting its location, limiting the structure or imposing time‑limited conditions), the board voted to postpone the case to its Oct. 7 meeting to allow the applicants time to investigate technical alternatives—particularly whether the pool could be reduced in height or placed in a vault—so the board has more information before ruling.