Sandy Springs Allows Resident To Resume Backyard Swim Lessons

SANDY SPRINGS, GA — Scores of young children accompanied their parents to the Studio Theater at City Springs to see what the Sandy Springs City Council would decide on whether a local resident can resume her backyard swimming lessons. Without much discussion, the City Council erred on the side of allowing children like those in the audience to benefit from the expertise of Allison Dubovsky.

Council members at their July 17 meeting voted unanimously to amend the city's development code to allow Dubovsky to resume her lessons on her property, a move that was met with enthusiastic applause from the children as well as the adults. Councilman Andy Bauman was not present.

Dubovsky's business, Swim With Allison, was the driving force behind the city's decision to amend its ordinance. The change allows outdoor home occupations that are recreational, educational or instructional in nature to operate in the rear or side yards of a residence. Any parking needs would have to be met within the constraints of that property.

No nuisances would be allowed, and those running the business must provide a six-foot privacy fence or 25-foot vegetated buffer, the city said. The home business can instruct no more than two students at a time, with a maximum of four students an hour. It would also be allowed to operate no more than six hours per day from 8 a.m. to 6 p.m. during the week and 8 a.m. to 5 p.m. Saturdays. No operations can occur on Sunday or on "legal" holidays, the city added.

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A swim instructor is required to have and maintain American Red Cross CPR certification or the equivalent if the clients are 18 years old or younger. The operator of the swimming pool must possess and maintain Red Cross swim instructor certification or the equivalent of that.

Sandy Springs Planning and Zoning Manager Catherine Mercier-Baggett said the Planning Commission recommended denial of the change, as it expressed concerns about the right to privacy for neighbors and the potential for noise to have a detrimental impact.

Resident Matt LaMarsh, who thanked city staff who worked over the last six months to come up with a solution, said he was in support of the change. LaMarsh, owner of LaMarsh Landscaping, said he didn't understand why the Planning Commission recommended denial. Sandy Springs residents live in a city, so noise is something that comes with living in an urban area.

Sara Kogan, who also lives in Sandy Springs with her husband, Ross, said the couple's four children have all learned how to swim due to Allison Dubovsky's instructions. Kogan said she was one of those parents who was "terrified" of pools due to the number of children who have drowned, adding "there was a very close call" at the Riverside neighborhood pool last month.

She and her husband, however, understood the need to have their children learn how to swim. They got their older children to try the weekly swim lessons offered at other pools, but Kogan said they didn't feel comfortable enough to cooperate with their instructor.

"I brought them to Allison," she said. "Her quiet, private setting and gentle manner with my children allowed them to get comfortable."

Eight years later, Dubovsky is credited with teaching all four Kogan children how to swim. She also said Dubovsky's character and determination to her profession is evident, as she has even applied for and obtained a business license from the city to ensure she can legally teach the art of swimming to area children.

"Sandy Springs is a wonderful, safe place to live and raise a family," Kogan continued. "Allison's swim lessons have made a tangible difference in the safety of Ross's and my children and many other families in our community.

Dubovsky thanked the City Council and Sandy Springs staff for working with her in getting the ball rolling on her quest to resume her lessons.

"On behalf of families with young children living in Sandy Springs, I’m here tonight to simply say thank you," she said. "Thank you for taking the time to explore this matter further."

She did request one change to the amendment, which would allow her to work the same hours as landscapers, contractors and daycare providers. This, she said, would give her clients enough time to drop off their children for swim lessons once they get off from work. Mercier-Baggett said hours of operations for services Dubovsky mentioned are not regulated by the city, but Sandy Springs does have a noise ordinance that restricts when they are able to work.

Dubovsky reiterated to Patch that this issue has been resolved for her and her students.

"I am just happy that the city worked hard to come to a resolution," she said. "I am grateful to be back teaching children life-saving swim skills."

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