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BZA grants variance to restore front deck, finding replacement matches original footprint
Summary
Scott and Rosalie Nicholson received approval to replace a damaged front slab with a deck and balcony within the original footprint, reducing the front setback from 30 to 18 feet as requested.
The Marshall County Board of Zoning Appeals approved a front‑setback variance June 10 allowing Scott and Rosalie Nicholson to rebuild a ground‑level deck (7 by 27 feet) and a balcony (7 by 12 feet) in place of a previously removed porch slab.
Planning staff told the board the original porch slab had been removed to remediate water and foundation issues; the applicant’s contractor explained the replacement will stay within the prior footprint and will not extend closer to the road than the removed slab. TRC reviewed drainage and septic concerns and recommended approval.
The public hearing drew no speakers for or against and no written correspondence. The board adopted the standard findings of fact that approval would not be injurious to public health, safety or welfare and that the deck replacement is consistent with the character of the property. The motion to approve included the record that the deck would be a composite deck on wood substructure with footings or pylons rather than a concrete slab and that the replacement would not encroach beyond the original porch footprint.
The board approved the variance; the contractor confirmed perimeter drainage and crawl‑space remediation had been completed prior to the deck work.
