Gabriel and Emily Norris want to build a swimming pool at their Hunters Bend Court home, but two city environmental protections stand in the way.

The Powell Board of Zoning Appeals will hear the couple's request Aug. 6, at 6:30 p.m. in Council Chambers at 47 Hall Street. It is the only new business on the agenda and the board's first meeting since January.

The Norrises, who live at 4696 Hunters Bend Court on the southeast corner of Hunters Bend and Bachman Drive, are asking for relief from Code Section 1147.06(b)(2). That section requires private pools to sit at least 12 feet from any property line or easement. Their proposal (Case 2026-18V) would place the pool within nine feet of a drainage easement and extend five feet into a tree preservation zone, according to the BZA agenda.

The drainage easement protects stormwater flow and infrastructure access. The tree preservation zone encroachment is a distinct element not seen in recent BZA pool cases.

A familiar code section

The BZA has approved multiple pool-easement variances under the same code section in recent years. In June 2023, the board voted 4-0 to let Donald and Marlena Taynor at 402 Ashmoore Circle East reduce their easement setback to as little as two feet. In May 2025, staff recommended approval for a similar variance filed by Aaron Zofkie at 1150 Amaranthus Drive.

"There have been many variance requests regarding this, and clearly this is an issue," development planner Elise Schellin told the board at the June 2023 meeting. Staff discussed updating the code so only a setback to the actual property line would be required, not to easements.

That change has not happened yet. City staff noted in May 2025 that the easement setback rule was under review as part of Powell's broader zoning code rewrite. As of May 2026, staff targeted adoption of the rewrite for August or September 2026.

What the board weighs

The BZA evaluates variances against seven factors, including whether the property can yield a reasonable return without the variance, whether the request is substantial, and whether neighborhood character would be harmed. In prior pool cases, staff consistently found that the pool structures did not physically encroach on the easements themselves; the 12-foot rule creates a buffer zone around them.

The staff report for the Norris request is posted on the city's Granicus page but was not accessible for this article. That document would contain staff's recommendation and the applicants' written rationale.