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Board of Adjustment grants variance to enclose deck at 2283 Dukes Way
Summary
The City of Washington Board of Adjustment voted unanimously Feb. 12 to grant a variance allowing the enclosure of an existing rear deck at 2283 Dukes Way, reducing the required rear-yard setback from 25 feet to 21 feet and directing the city engineer to issue a building permit.
The City of Washington Board of Adjustment on Feb. 12 approved a variance allowing owners at 2283 Dukes Way to enclose an existing rear deck and establish a 21-foot rear-yard setback, down from the 25 feet required by city code.
City staff told the board the property is in an R‑1D zoning district and that the deck currently extends about 4 feet into the 25-foot rear-yard setback. Staff noted that under city code open decks may encroach into the rear setback by up to 10 feet, but once a deck is enclosed it is considered part of the building and must meet the full 25-foot setback.
Sarah (city staff) showed aerials and a plat at the meeting and explained the encroachment and easement constraints that made placing the house on the lot difficult. Applicant owner Paulette Montzick said the requested enclosure would be consistent with nearby properties: “many of them have screened in porches, covered decks, and all that. So what we're asking for is not something that would stand out as an eyesore, in this neighborhood.”
Contractor Luke Durker told the board he had spoken with the permit office and relayed an informal explanation he received about two road frontages affecting setback calculations: “they said, normally, if there weren't 2 road frontages, there would have to be a 25 foot setback. But they did say that, technically, it's, from what they could see, only a 6 foot setback would be required back there because of the 2 road frontages.” City staff later said that interpretation did not match the code language.
Board members discussed the difference between a covered, open deck (which can encroach up to 10 feet) and an enclosed space that becomes part of the primary structure and must meet the 25-foot setback. A definition of “enclosed” was discussed; staff described it as the presence of a barrier that would prevent free movement through the area, which would make the deck part of the building for setback purposes.
A resolution drafted by staff and read into the record found that the property at 2283 Dukes Way is within the city limits and located in an R‑1D district, cited City Code section 400.075(f)(3) (minimum rear-yard depth 25 feet), and granted the variance to permit a 21-foot rear-yard setback “provided that all other ordinances and regulations of the City of Washington are met.” The resolution directs the city engineer to issue a building permit consistent with the decision.
The vote was recorded as follows: Board member Jason Pelin — yes; Board member Kevin Creedy — yes; Board member Gwen Montel — yes; Mark Scornia — yes; Board member Samantha Wacker — yes. The motion passed unanimously.
The board made no additional conditions beyond adherence to other city ordinances and directed the city engineer to issue the permit as stated in the resolution.
