Case of the misplaced pool

The pool in question can be seen in the rear of William and Donna Nichols’ home at 1080 East Gulf Be Photo available for purchase

The pool in question can be seen in the rear of William and Donna Nichols’ home at 1080 East Gulf Beach Drive

Lois Swoboda
Published: Wednesday, February 26, 2014 at 12:27 PM.

A misplaced surveyors’ stake is causing headaches on St. George Island.

At the Feb. 18 county meeting, commissioners discussed a request for an after-the-fact variance to the county building code at length. The county’s Board of Adjustment (BOA) recommended the variance be granted.

William and Donna Nichols, owners of a house at 1080 Gulf Beach Drive, want permission to leave their new cement swimming pool at its current location, even though it is six-and-one-half feet over the 10-foot setback line at the rear of their lot.

Williams told commissioners he had the property surveyed and obtained the necessary permits before construction the pool in December.

County Planner Alan Pierce said a neighbor, Eric Myers, came to the planning and building office prior to the pool’s construction and complained the survey was incorrect and that the pool would encroach on the setback. Pierce said he showed Myers the plans and permit and told him the pool complied with the building code.

Construction of the pool began and Myers complained to Nichols. Both men contacted the original surveyor, Wade Brown, of Edwin G. Brown and Associates of Crawfordville. Brown returned to the site Jan. 2 and discovered a second stake on the southeast corner of the property, about nine feet closer to the Nichols home. Brown determined this was the correct stake marking the Nichols’ property line, and that his original survey was in error.

Brown said, at that time, the pool was 80 percent complete, according to Cox Pools, the contractor. Brown said he offered to construct a fence or install landscaping to buffer the pool but the Myerses refused, and said they wanted the pool moved. Brown said his company carries insurance to pay for moving the pool, if necessary.

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