Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Variance Locust Porch topic
No spam. Unsubscribe anytime.
Board of Adjustment denies variance request for 1504 S. Locust Avenue porch
Summary
The Board of Adjustment denied a homeowner's request to enclose an existing deck at 1504 South Locust Avenue into a three‑season porch that encroaches on the rear-yard setback; the applicant was told he may appeal to city council within five working days.
The Brandon Board of Adjustment voted to deny a variance request to enclose an existing deck at 1504 South Locust Avenue into a three‑season porch.
Applicant James Lynn told the board the house was built as a mirrored version of the original approved site plan in 2004–2005, and that the existing deck—constructed as part of the original build—now encroaches into the rear-yard setback by roughly 1 to 3 feet depending on measurement points. Lynn said the proposed porch would be built on the existing deck footprint and would not expand the nonconforming footprint.
Lynn described the history to the board: the site plan submitted to the city during original construction did not reflect the mirrored orientation that was ultimately built; the mirrored build was inspected and approved at the time. He said the porch would not have forced‑air heat, would be insulated, and would be used as a three‑season space. Lynn also said the deck was replaced earlier this year with composite materials and upgraded footings in anticipation of potential future enclosure.
A neighbor, Matthew Sacan of 1506 South Parkview Boulevard, spoke in favor and said the enclosure would have minimal impact on his property. Sacan said the homeowners have lived in the house for more than 20 years and supported the improvement.
Board members spent substantial time debating whether the applicant demonstrated the type of “unnecessary hardship” tied to the property’s physical condition that the code requires for a variance. Several commissioners said they understood the mirrored construction explanation but expressed concern about precedent if enclosures that amount to roofed, enclosed rooms were permitted within setbacks. Commissioners noted the city already allows replacement of nonconforming decks so long as the replacement does not expand the nonconforming structure.
After discussion, a motion to deny the variance was made and seconded. The meeting record in the transcript shows Commissioner Brooks voted in favor of denial and Commissioner Brian recused himself. The board told the applicant he may appeal to the City Council by submitting a written request within five working days; staff said there is no fee for that appeal and that the council’s review is limited to the record (no new evidence may be submitted to council).
Lynn said he appreciated the board’s time and indicated he might seek appeal or a survey to determine the exact extent of the encroachment.
The denial means the proposed enclosed three‑season porch cannot be permitted as presented; the applicant may pursue appeal to City Council or consider alternatives such as reducing the porch depth, constructing a detached accessory building within code limits, or applying for a different solution that meets setback rules.
