Case of the misplaced pool

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

William Nichols addressed commissioners and termed the situation “unfortunate.”

“My wife and I recently retired and wanted to fulfill our dream of living down on the island,” he said. “That included renovations to the house and installing a pool.”

The Myerses were represented by an attorney, John Grant of Tallahassee, who said the variance application did not meet legal requirements. He said the Nicholses, as property owners, were responsible for the actions of their contractors and that, under Florida law, the request to move the pool is reasonable.

Angie Myers said she was concerned about noise and activity in a pool so close to her home.

 “We too want to retire to St. George Island,” she said. “This is certainly nothing personal. It’s about having an expensive piece of property that may decrease in value. Mr. Brown has liability insurance to pay for this. We shouldn’t have to pay for a mistake that’s not our fault.”

The Myerses said they plan to construct a deck next month on land adjacent to the pool.

Grant said that in addition to encroaching on the setback on the south side, the pool encroaches on the eastern setback into the public right of way. Commissioner Smokey Parrish said it appeared to him from the diagram provided in his packet, there was a second encroachment.

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