Council overturns planning denial, allows homeowner to enclose existing deck at 1504 South Locust

The Brandon City Council voted to overturn a Planning & Zoning denial and grant a variance permitting a three-season porch to be enclosed on an existing deck at 1504 South Locust Avenue.

The variance request came after Planning & Zoning denied the application. Homeowner Jim Lynn told the council the house was built in 2004 using a mirrored site plan that placed the deck 1–3 feet into the required rear-yard setback. “My wife and I were respectfully requesting a variance to allow the construction of a 3 season porch on my existing deck located at 1504 South Locust Avenue, which encroaches upon the rear yard setback,” Lynn said, explaining he was not seeking to expand the footprint but to enclose the existing structure.

Lynn, who identified the building permit and inspections from 2004, said the deck was inspected and approved at the time of construction and that enclosing it would not increase size or height. He described two alternative locations for the porch as infeasible: one would require major interior alterations and would encroach on required egress windows; the other would obstruct a drainage easement that serves multiple neighbors.

During discussion, a council member said Planning & Zoning considers “undue hardship” under the ordinance and that topography and lot layout—not a desire to use property differently—typically establish hardship. The city attorney reiterated that precedent and the legal standard for a variance.

A motion to overturn Planning & Zoning’s denial and approve the variance was made and seconded; the council then held a roll call. The roll call as recorded in the transcript named Council Member Johnson, Council Member Nicole and Council Member Lawrence as voting “aye.” The mayor announced the motion carried and directed staff to proceed with permitting.

The applicant thanked the council after the vote. The council did not specify any additional conditions in the public record beyond the variance approval.

Background: Under the R-1 zoning cited in the hearing, the rear-yard setback is 25 feet; the applicant said the existing deck sits roughly 23–24 feet from the rear property line and that the requested enclosure would sit on the existing footprint without increasing nonconformance.

Looking ahead: The applicant said construction plans and upgraded footings have been prepared and that the proposed porch will be insulated but will not include HVAC (a “three-season porch”), and that the work will follow building-code requirements if the variance is upheld.