Commission approves 166-foot agricultural setback reduction for proposed pool

The El Dorado County Agricultural Commission on Wednesday approved ADM 26-0019, granting a reduction of the agricultural setback from 200 feet to 166 feet to allow a private swimming pool behind an existing residence.

Planning services staff introduced the request as an administrative permit to reduce the required 200-foot agricultural setback to 166 feet from adjacent parcel APN 043550066 to permit the proposed pool. Tom, an agricultural department staff member who led the site review, told the commission the parcel is roughly 10.01 acres, is zoned PA 20 with choice soils, and is constrained by steep slopes and the existing house location. He said locating the pool elsewhere would require significantly more construction or would place the pool closer to property lines.

Jade Beaker, the PoolCraft contractor for the applicant, asked whether a 166-foot approval would allow minor on-site adjustments during construction ("5 feet here or there"). Planning staff and Tom explained that the ag setback is measured from the water'line and that "you can't substantially waiver from that approval without rereviewing the request." Beaker said she would accept a 166-foot limit and would adjust the design if necessary: "If my max is 166, I will gladly accept it." She later added, "I will absolutely make it work."

After discussion about whether the commission could approve a different reduction without further review, a commission member moved to accept staff's recommendation to approve the 166-foot setback relief; another member seconded the motion. The clerk called the roll: Commissioners Draper, Mansfield, Bolster, Nielsen, Walker and Chair Bogaert each voted aye and the motion passed.

No public opposition was recorded. The commission's approval was framed on three of four required findings in the Board-adopted resolution (2007): constrained buildable area due to topography, minimizing potential negative impacts by siting development adjacent to the existing single-family dwelling, and that the proposed location reasonably minimizes impacts to agricultural and timber production.

The commission emphasized that materially different setbacks or design changes would require rereview. The county will record the administrative permit so the applicant can proceed with building permits under the approved 166-foot setback.