Decatur BZA approves variance for pool house to encroach into new 10-foot setback
May 01, 2026 | Decatur City, Morgan County, Alabama
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The Board of Zoning Adjustments on March 30 approved a variance allowing an accessory pool-house at 2015 Park Terrace SE to encroach 3 feet into the 10-foot setback required by current zoning rules.
The Planning Department read the case (260-430-01), citing ordinance section 25-4.3.2 C(4) and telling the board accessory structures over 12 feet must maintain a 10-foot setback. Planner Tommy Wells said staff’s visual inspection showed feasible alternatives and concluded “a true hardship has not been demonstrated,” but noted the applicant had provided additional materials for the record.
Owner Ken Gamble told the board the pool and pavilion were built under prior site conditions and that an ordinance change effective Jan. 1, 2026 increased the setback requirement. “We were kind of blindsided when we went up and they told us that no, it's got to be 10 ft now,” Gamble said, adding that moving the pool house would restrict gate access and misalign the pool and pavilion. Builder Steven Pate added the proposed location would be roughly a foot, five inches farther from the lot line than other neighborhood houses.
Neighbor Carlin Deeds, owner of the adjacent vacant lot, told the board she has plans to build and said she did not oppose the variance, warning that forcing a 10-foot setback could make her lot difficult to use.
After public comment and a roll call, the board recorded affirmative votes and—following a brief procedural correction to record a formal motion and second—approved the requested variance. The audio-recorded roll call showed Chester Ayers, Cole, John Baggett and Chair Tom Polk voting yes.
The variance allows the accessory structure to encroach 3 feet into the 10-foot setback; staff had recommended denial because it believed alternative plans were feasible. The record does not show an amendment to the proposal or additional conditions beyond the variance itself.
The board did not set additional conditions at the meeting. The case file cites City of Decatur zoning ordinance §25-4.3.2 (accessory uses and structures) as the governing authority.
The Planning Department read the case (260-430-01), citing ordinance section 25-4.3.2 C(4) and telling the board accessory structures over 12 feet must maintain a 10-foot setback. Planner Tommy Wells said staff’s visual inspection showed feasible alternatives and concluded “a true hardship has not been demonstrated,” but noted the applicant had provided additional materials for the record.
Owner Ken Gamble told the board the pool and pavilion were built under prior site conditions and that an ordinance change effective Jan. 1, 2026 increased the setback requirement. “We were kind of blindsided when we went up and they told us that no, it's got to be 10 ft now,” Gamble said, adding that moving the pool house would restrict gate access and misalign the pool and pavilion. Builder Steven Pate added the proposed location would be roughly a foot, five inches farther from the lot line than other neighborhood houses.
Neighbor Carlin Deeds, owner of the adjacent vacant lot, told the board she has plans to build and said she did not oppose the variance, warning that forcing a 10-foot setback could make her lot difficult to use.
After public comment and a roll call, the board recorded affirmative votes and—following a brief procedural correction to record a formal motion and second—approved the requested variance. The audio-recorded roll call showed Chester Ayers, Cole, John Baggett and Chair Tom Polk voting yes.
The variance allows the accessory structure to encroach 3 feet into the 10-foot setback; staff had recommended denial because it believed alternative plans were feasible. The record does not show an amendment to the proposal or additional conditions beyond the variance itself.
The board did not set additional conditions at the meeting. The case file cites City of Decatur zoning ordinance §25-4.3.2 (accessory uses and structures) as the governing authority.
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