ADAMS TWP — The Adams Township Zoning Hearing Board approved a swimming pool set-back variance after a public hearing Tuesday night.

Jamie Ball and Brian Beil, residents of the Heritage Creek housing community, approached the board asking for a variance from the township's required 10-foot setback from side and rear lot lines.

The couple recently learned their property line wasn't where they thought it was.

Testifying before the board, Beil said he and his fiancé began securing documentation for installing an in-ground pool at their Columbia Court home this spring.

“Our understanding when we purchased the property was ... the property was extended to the tree line,” Beil said.

Beil said although the couple didn't have to have their yard surveyed for the pool project, they did so.

Beil indicated they wanted to verify the proximity of a fence — which would be installed around the pool — in relation to a neighboring property and Homeowners Association (HOA) common place.

“Our main concern, basically, was just the location of the fence,” Beil said.

The project contractor started to break ground in May, Beil said. At that time, he said the couple felt comfortable moving forward without the survey results. Beil said after the state shutdown in response to COVID-19, the contractor's availability became limited.

When the survey was completed a few days after the ground breaking, Ball and Beil were surprised at the results.

“Our understanding of where the property line was at was very different from reality,” Beil said. “Approximately 2 feet of the project was permeating over the property line.”

Beil said the couple stopped work on the pool as soon as they realized the misunderstanding. He added the couple discussed the situation with the HOA.

“We accept full responsibility for the error,” Beil said.

Going into the hearing, Beil said he identified three options for proceeding with the project.

First, the couple could stop installing the pool. Second, they could move the pool. Third, they could lease the common space property with the intention of owning it.

Ball and Beil pursued the lease-to-own route, Beil said. But plans for that fell through.

In an effort to salvage the project, Ball and Beil redrew pool plans to remove four feet from the east side.

The pool would now have a setback of 4 feet to the north and 7 feet to the south — or 1 foot and 4 feet, respectively, after considering the connecting concrete pad. The fence would sit on the property line, as permitted by the township.

Gary Peaco, township manager, told the hearing board the survey Ball and Beil had done isn't required by the township for private projects like pools.

“In this case, it would have been nice to have that (information) up front,” Peaco said. “But this is so rare, you hate to have everybody spend that kind of money.”

The board reviewed a letter of support for the variance from the HOA.

Denise and Mats Johansson, Ball and Beil's neighbors, testified during the hearing that they also supported the variance.

“When you stand on the street and look back, you can't even see their pool structure,” Denise said. “We are in complete agreement.”

Jeff Brown and Jim Holcomb voted in favor of the variance. Other hearing board members were absent during the proceedings.