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Board approves deck variance at 116 A South Bench, conditions require easement from LLC
Summary
The zoning board approved a rear-setback variance to allow construction of a 5-by-12-foot deck at 116 A South Bench for James and Suzanne Sproll, contingent on the applicants obtaining a construction easement from the LLC that holds the adjacent property.
The Galena Zoning Board of Appeals approved a variance Oct. 8 allowing a rear-setback encroachment so James and Suzanne Sproll can build a 5-by-12-foot balcony-style deck at 116 A South Bench, subject to the applicants securing a construction easement from the neighboring property owner (an LLC) before a building permit will be issued.
The applicants told the board the decking project is the final stage of work on a house built about seven years ago; the proposed balcony would sit roughly 22 feet above grade and would overhang an access easement that serves a neighboring building that formerly housed the Stanley Theater. City staff said notice of the request was mailed to the LLC shown in city records, but staff and board members emphasized that zoning approval does not override private-property rights: the applicants must obtain the adjacent owner's written permission before a building permit will be granted.
Neighbors who appeared to speak in favor included Chris Cain (Laurel Court) and Mark Douglas (119 South Bench). Both told the board they had no objections and praised the applicants' work preserving a historic building.
During deliberations the board examined the variance criteria: unusual site conditions tied to an older structure, no special privilege to the applicant, reasonable use, minimal relief to achieve the use, compatibility with adjacent properties, and consistency with the purpose of the zoning code and the comprehensive plan. A motion to approve the variance was amended to include an explicit condition that no building permit shall be issued until the applicants provide documentation of a construction easement or written permission from the LLC that owns the adjoining parcel.
The board's approval is limited to zoning compliance and does not eliminate the need for the applicants to secure private easement documentation or other required permits. The item was recorded as calendar number 25BDash09.
