BZA approves variances to allow pool inside front setback at Englewood property on Manasota Key

The Charlotte County Board of Zoning Appeals on Jan. 14 approved Petition VAR-25-016, granting two variances to allow construction of a swimming pool, pool deck and pool cage at 1235 Holiday Drive in Englewood on Manasota Key.

Senior Planner Elizabeth Nocek told the board staff’s review found the requested variances meet the five approval criteria and recommended conditions that the variances apply only to the proposed pool, pool deck and pool cage as shown in the application. “After a review of the site and the application requesting the variances, it is staff’s professional opinion that the proposed variances do meet the 5 criteria for granting a variance,” Nocek said.

Staff explained the lot has an irregular shape, a long front property line and shallow depth that limit buildable area; the prior single-family residence and pool (built in the 1960s) were demolished after storms in September–October 2024, and the owners are rebuilding. Because the proposed new residence meets required setbacks but the pool cannot be located behind the house due to lot geometry, the applicants sought two variances: (A) allow an accessory structure (swimming pool) in front of the leading living edge and (B) reduce the 25-foot front-yard setback by 15 feet to allow a 10-foot setback for the pool and associated features.

Neighbor Heather Nybert of 1125 Little Court spoke in opposition, saying the pool design looks like an afterthought and warning that granting the variance could set a precedent that undermines the Manasota Key overlay. “I just think it should have been considered when the home plans were designed,” Nybert said. Applicant representative Michael Melton, P.E., acknowledged a miscommunication earlier in the submittal process but said the pool layout was contemplated from the start and that he advised permitting the accessory structure separately to avoid delaying the primary structure. “we each of us thought the other had submitted for the variance,” Melton said.

A board member moved to approve VAR-25-016 based on the Community Development Department staff report dated Jan. 7, 2026; the motion was seconded and the board approved the variances unanimously by voice vote. Approval includes staff-recommended conditions limiting the variances to the proposed pool, pool deck and pool cage as shown and stating the variances would expire if those features are removed or replaced, except if removal results from natural disaster.

No changes to the county’s other permit or building-code requirements were implied by the vote; the applicants must obtain all required development and building permits before constructing the pool and related features.