Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use.environmental Compliance topic
No spam. Unsubscribe anytime.
Board approves after-the-fact deck at Shields Ridge Road despite environmental constraints
Summary
The Board of Zoning Appeals approved an after-the-fact variance for a larger replacement deck at 7195 South Shields Ridge Road, concluding the petitioner may rebuild a larger deck than the prior structure and granting a variance despite staff concerns about the Environmental Constraints Overlay Area 2. The vote was 3-0.
The Monroe County Board of Zoning Appeals on Tuesday granted an after-the-fact variance to allow a replacement deck that is larger than the prior structure at 7195 South Shields Ridge Road in Clear Creek Township, voting 3–0 to approve the petition.
The petitioner, Steven Bishop, told the board he bought the house in February and hired a contractor to replace a deteriorated rear deck that, in his account, was unsafe for his young children. The replaced deck is roughly 228 square feet, larger than the original roughly 28-square-foot platform, and includes an added staircase and plans for a concrete pad beneath the deck. The work was completed before a building permit was obtained, prompting the after-the-fact review (building permit R-24-690 and variance application VAR-24-49).
Planning staff recommended denial, noting that the property lies in the Environmental Constraints Overlay Area 2 and much of the parcel has slopes of 15 to 25 percent. The overlay limits land disturbance and, according to staff, the deck as built includes additional disturbance and a concrete pad not previously on site. Staff said the deck’s expanded footprint and the new concrete surface changed the disturbance calculation and required a variance because the new work exceeded the preexisting condition.
Bishop told the board he had relied on a contractor who represented that permits were handled; Bishop later learned no permit had been obtained. He said the previous deck was in poor condition, with damaged joists and evidence of insect and woodpecker damage, and that his priority was a safe structure for his family. He also said he had stopped all work after learning the permit had not been pulled and that the concrete pad had not yet been poured.
Board members sympathized with Bishop’s situation and his account of contractor misrepresentation. Several members said replacement of a deteriorated deck in the same general location posed less risk than an unmaintained deck, and that the family’s safety concerns were persuasive. The board approved the after-the-fact variance 3–0.
Votes at a glance - VAR-24-49 (Bishop Eco Area 2 variance, 7195 South Shields Ridge Road): Approved 3–0.
Why it matters: The case highlights how Environmental Constraints Overlay rules interact with routine home maintenance or replacement. The board’s decision shows that, in some cases, members will weigh immediate safety and the condition of an existing structure against the ordinance’s strictures on post-construction land disturbance.
What’s next: County permitting will proceed consistent with the variance, and the petitioner may finalize the building-permit process for the deck and any approved ancillary work.
