BZA grants variance for deck at 6642 Roycroft Drive, citing steep backyard grade

The Middletown Board of Zoning Appeals granted an area and dimensional variance permitting construction of an expanded deck at 6642 Roycroft Drive, finding that the steep rear-yard slope created an exceptional circumstance supporting relief from the 25% aggregate accessory-structure limit.

Planning staff told the board the lot is zoned R-4P (Planned Development) and that the rear yard is about 1,800 square feet. Under Middletown code the aggregate area of accessory buildings and structures in the rear yard may not exceed 25 percent of the total yard. The applicants, Will Stephenson (representing owners Mark and Sue Royal), proposed upper and lower decks totaling approximately 880 square feet — about 46.8 percent of the yard — and noted that if an existing concrete patio remained the total would be about 916 square feet (roughly 50.9 percent).

Miss Fetters said the applicant cited exceptional topographic conditions: “the entire backyard grades downhill significantly to the pond, leaving the backyard unusable for playing with their grandchildren and/or entertaining.” Board members visited the site photos and asked about screening and runoff. One member noted existing evergreen screening along the rear; another asked whether the upper deck counts toward the aggregate even though it does not cover ground area; staff confirmed that vertically stacked decks are counted toward the rear-yard aggregate.

Several neighbors testified in support; one witness said nearby houses have decks of similar or larger size. After discussion, a board member moved to grant the variance under the area-and-dimension review criteria citing lot steepness and special conditions; the motion passed with affirmative votes from members present.