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Board approves setback variance for Oakdale Court home after homeowner replaced deck without permits
Summary
The License and Variance Board approved a variance reducing the western side setback from 10 feet to 3.2 feet at 1958 Oakdale Court, concluding the deck predated current ordinance standards and the hardship was not self-created.
The Smyrna License and Variance Board unanimously approved a variance April 23 to reduce the western side setback from 10 feet to 3.2 feet for the property at 1958 Oakdale Court after staff determined the prior deck had existed since at least 2006.
Planner Caitlin Crow told the board the subject parcel is a 0.05-acre lot at the end of Oakdale Court. Crow said the homeowner removed an existing deck in October and replaced it without permits; a subsequent survey showed the deck’s prior footprint was 3.2 feet from the side property line. Because the deck had existed since at least Feb. 2006 in aerial imagery, staff concluded the hardship was not self-created and recommended approval with the standard stipulation that the work comply with the submitted site plan.
Applicant Filippo Montanetti confirmed he would follow the stipulation. Board members had no public opposition and voted to approve the variance unanimously.
Crow also told the board the 3.2-foot distance is above the 3.1-foot threshold the chief building official uses to determine fire-retardant requirements, so no additional fire-rating requirement was imposed for this property. The board recorded the unanimous vote and moved on to the next agenda item.
