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Portland ZBA denies variance for unpermitted Peaks Island deck; applicant may appeal
Summary
The Zoning Board of Appeals denied a practical-difficulty variance for a rebuilt deck on Peaks Island after finding the variance standards were not met. The board voted 5-0 to deny the variance; one member recused.
The City of Portland Zoning Board of Appeals on Feb. 6, 2025 denied a practical-difficulty variance sought by Carl Henry for a deck that was rebuilt without a permit on Peaks Island.
The applicant sought variances from two dimensional standards in the island residential zone: the 20-foot minimum side setback and the maximum lot-coverage limit that applies in the IR-2 zone. Henry told the board the contractor who built the deck did not take a permit and was fired; he said the house has been unrentable while the matter is unresolved and that a stamped survey (requested by city staff) could not be obtained before winter.
Board members reviewed the record and…
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