Michael O'Rato of Captain Permit presented application 25‑097 for a property in Deer Park, seeking relief for a second‑story rear deck (rear‑yard setback from 30 feet to 8 feet) and a shed (side‑yard setback from 6 feet to 2.6 feet).
O'Rato told the board the deck will not be enclosed and the area beneath it is used for storage. He said the backyard is fenced and screened by mature trees and that the homeowner had no intention of converting the area under the deck into habitable space. "If shed is ever to be taken down rebuilt and readeck to, not being closed, an area under the deck to be storage use only Correct. A habitable space. Correct," the board confirmed; the applicant agreed.
During review, neighbors' letters raised concerns alleging absentee‑landlord tenancy, use as short‑term rentals (Airbnb), street parking and past unpermitted construction connected to fire repairs. The applicant and his representative said the property is owner‑occupied and that the house has one kitchen; they acknowledged some work had proceeded without permits after a fire and that they had applied for required permits.
The board amended variance number 2 to clarify the east‑side lot line reduction (not the west side) and then closed the hearing and reserved decision. The applicant agreed to the three planning memo conditions, including that any rebuilt shed be placed in a conforming location and that space under the deck remain storage and not habitable space.
Why it matters: The application raises neighborhood concerns about potential rental use, parking and unpermitted work, in addition to the zoning relief requested for already‑constructed features. The board’s amendment and explicit conditions aim to prevent future conversion of the deck’s underside into habitable space.
The board closed public comment, amended variance language, and reserved decision. Staff will issue a written ruling and attach the planning conditions if the variance is approved.