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Board grants variance for rear stairs at 213 Lyndhurst Street after applicant sought to regularize unpermitted work

6406002 · October 16, 2025
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Summary

The Board of Zoning Appeals approved a three‑foot encroachment variance for stairs added at the rear/side of 213 Lyndhurst Street after the owner replaced a deteriorated porch without obtaining permits. The board cited existing concrete pad and minimal change to the porch footprint.

The Board of Zoning Appeals approved a variance request from Jan Pell to regularize replacement stairs and a porch at 213 Lyndhurst Street. Planning staff reported that the porch core elements matched the prior footprint but that newly added stairs encroached into the required setback; the board heard that the repair work was done without a permit and that the owner sought to correct the permit record.

Owner/representative John Powell addressed the board, explaining that the prior porch had deteriorated and that the contractor — a licensed, insured subcontractor with prior work history for the owner — constructed a replacement porch and stairs. Powell said the porch posts sit on an existing concrete pad he believes predates his ownership and that the steps improve egress and safety from a relatively high rear porch.

No neighboring opposition was presented at the hearing and staff noted the lot’s small size and existing nonconforming conditions. After brief discussion the board accepted the staff findings and voted to grant the requested three‑foot encroachment relief for uncovered stairs. Planning staff will issue a written action letter and process any required building permits; the board reminded the owner that the decision may be appealed and that work undertaken during the 30‑day appeal period is done at the owner’s financial risk.