The City of Monona Zoning Board of Appeals on a unanimous vote approved a variance that will allow homeowners at 5109 Winokur Road to build a wood deck that will sit 19 feet from the rear lot line, instead of meeting the 40-foot rear-yard setback in the Monona Municipal Code.

The board granted the variance during a public hearing for Case Z-010-2022 after hearing from the applicants and nearby neighbors. The motion to approve was made by Beth (board member) and seconded by Diane (board member); the board imposed a condition that the deck not be enclosed in the future. The motion carried with all members present voting in favor.

Brian, the homeowner and applicant, told the board that he and his wife, Megan, are asking for the variance so they can replace a deck that was removed while repairing structural problems discovered during a house renovation. “We would like to build a new deck up the back of our house,” Brian said, adding the house itself sits about 35 feet from the rear lot line and therefore any new structure in the rear requires relief from the 40-foot setback. Megan said the backyard is currently “a hot mess” where the old deck was removed.

The applicants proposed a 19-by-16-foot wood deck (about 306 square feet). Brian said the previous deck measured roughly 12 by 21 (about 240–250 square feet); the new plan shifts the deck slightly north and makes the shape more square so it better accommodates outdoor furniture and movement between two rear doors. The applicants also plan a stamped-concrete patio in part of the original deck footprint; planning staff confirmed the patio is not a structure subject to the setback variance.

Neighbors who commented offered support. Mary O'Connor submitted a letter of support saying the proposed ground-level deck would likely be screened by an existing high fence. Chris Van Derrand, who said he owns 5107 Winokur Road, told the board, “I have no problem with that at all.”

Planning staff (Doug) explained the zoning rule for nonconforming structures: when a nonconforming deck is removed, in most cases it loses its grandfathered status and cannot be replaced without approval. “Once it's taken out, you lose that grandfather status,” Doug said, though he noted surveys and the timing of removal can affect the board’s discretion in particular cases. Board members discussed whether the lot shape, the fact the house is set well back from the street, and the removal of the prior deck during necessary structural repairs together created an unnecessary hardship that justified relief from the code.

Board member Beth argued the request was a minimal ask that preserved permeable surface area and would not allow an enclosed addition. She said the property’s layout made it difficult to construct a functional deck that complied with the rear-yard setback without an unreasonable burden such as moving the house or reconfiguring doors. The board found three factors sufficient to grant the variance: (1) unique physical property limitations (the house is set far back and the lot narrows compared with adjacent lots), (2) that the requested change posed no harm to the public interest (neighbors supported the request and the yard is fenced), and (3) that the applicants had shown a hardship given the removal of the previous deck to repair the house.

The board approved the variance with the explicit condition that the deck not be enclosed in the future. The applicants were told they must obtain all required building permits and inspections before construction begins.

Case number: Z-010-2022. Planning staff will record the variance and monitor permit applications to confirm compliance with the no-enclosure condition and applicable building standards.

For further information residents may contact Monona Planning staff during business hours.