Norwalk land-use board continues variance hearing for Harbor View deck after debate over new 25-foot coastal buffer

Norwalk land‑use board members on voice vote continued a public hearing to April 17 on a variance application from Kevin Rath to elevate and make flood‑compliant an existing rear deck at 22 Harbor View Avenue, a waterfront house whose deck currently sits about 17 feet from the mean high tide. The board did not decide on the variance and asked the applicant to consider revised plans.

The application seeks permission to raise an existing deck attached to a house built about 1930 and to add stairs to grade. ‘‘The variance before you tonight is so my son can lift this out to make it flood compliant,’’ Kevin Rath, the property owner and applicant, told the board. Rath said the project would not expand the dwelling’s footprint and that seven neighbors within 100 feet submitted letters supporting the proposal.

Board members and staff framed the request against a recently adopted local requirement — adopted in a February code revision after a state recommendation — that all new construction, substantial improvements or repairs to substantially damaged structures be located at least 25 feet landward of the reach of mean high tide. Staff noted the existing deck sits roughly 17 feet from mean high tide, which makes a zoning permit to raise the deck dependent on a granted variance. Planning staff supplied a coastal site‑plan review memo from Amelia Williams that said the activity is exempt from Planning & Zoning Commission review but cautioned against allowing significant increases in living space in flood‑prone areas.

During the hearing board members sought alternatives that would preserve some outdoor access while better complying with the 25‑foot line: shifting the deck laterally toward the side yard, cutting a corner to create a trapezoidal deck, or seeking a side‑yard variance instead of (or in addition to) the coastal setback variance. Board members and staff repeatedly raised the issue of precedent: approving this request as presented could prompt many similar requests from nearby Harborview properties and possibly undermine the recently adopted 25‑foot buffer.

The board and staff also told the applicant that the Planning & Zoning Commission is reviewing a proposed amendment that might grandfather certain existing structures or otherwise change how the 25‑foot standard applies to raised existing homes. Staff said that amendment was not final and that the P&Z process could be months away; because the outcome is uncertain the board advised proceeding with the variance application and invited the applicant to return with revised plans or to request a continuation. Several board members recommended resubmission with an alternate deck design or a request for a limited side‑yard variance.

After discussion the board voted by voice to continue the item to the board’s next meeting on April 17. The board advised the applicant that a continuation could be granted without re‑notice or reapplication, and staff said it would press Planning & Zoning staff to expedite review of the proposed amendment so the applicant and the board would have additional guidance before a final decision.

Background and technical details provided during the hearing included that the deck is about 11 feet deep and currently sits about 17 feet from mean high tide; the applicant proposes to elevate the deck roughly seven feet to meet the new vertical flood elevation. The applicant said the house has a seawall and that lifting the structure would not increase the footprint. Staff and board members flagged the proposed stair location as a complicating factor, noting additional horizontal projection from multiple stair runs could increase the degree of nonconformity with the 25‑foot buffer.

The board closed the discussion without rendering a final ruling on the variance and set the matter for continuation on April 17 to allow the applicant time to revise plans and to await additional guidance from Planning & Zoning.