Islanders ordered to remove pool

Published: Wednesday, March 26, 2014 at 10:08 AM.

Myers said she offered to have the land resurveyed, even though it was not her responsibility, but was distracted by her mother’s death in November and failed to hire a surveyor.

 “There was no way to tell where the pool was going to be until it was built,” said her husband, Eric Myers. “No marking or anything and no way for us to oppose it until it was built. It affects 6 percent of our property; 6 percent of our property has been taken from us.”

Commissioner Pinki Jackel said she had spoken to both the Myers and Nichols. “There’s been a lot of comment about what the law is,” she said. “In my assessment of how this came about, there was no malice. It’s an unfortunate situation for all parties. Remedies were available that the Myers were not able to pursue. It will be a hardship on other parties to expect them to recreate everything. Half of you are going to be unhappy no matter what I do.”

Commissioner William Massey moved to allow the variance and let the pool remain in place. Jackel seconded his motion. It failed 2-3, with Commissioners Smokey Parrish, Cheryl Sanders and Noah Lockley opposed.

“They will have to remove the pool,” Sanders said.

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