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ZBA approves side-yard variance for existing deck at 48 Winding Brook Road with arborvitae screening condition
Summary
The Zoning Board granted a variance to legalize and replace an existing unpermitted side-yard deck at 48 Winding Brook Road, reducing the side-yard setback to 6.1 feet (12 feet required) and requiring 4-foot arborvitae planted 4 feet on center along the deck for screening.
The New Rochelle Zoning Board of Appeals approved a variance allowing replacement of an existing unpermitted side-yard deck at 48 Winding Brook Road, subject to a screening condition. The board found the structure had existed for more than 20 years, is well screened from the street, and that practical constraints related to the house layout limited feasible alternatives.
Architect Steve Dimofsky represented the applicant and said the existing deck (about 11 by 12 feet) was built before the current owner and is not visible from the street. Dimofsky said the deck abuts the neighbor's garage and that a supporting letter from that neighbor was on file. The application sought relief from a 12-foot side-yard setback; the applicant proposed a 6.1-foot side-yard setback and noted the deck's low profile.
Board members described the 6.1-foot side-yard setback as a substantial deviation from the 12-foot requirement but voted to approve the variance with one condition: the applicant must plant 4-foot-high arborvitae along the length of the deck in the side yard, 4 feet on center, to provide evergreen screening between the properties.
The motion carried on a roll call of the members present. The board's approval permits reconstruction of the deck in the same location and size, subject to the planting condition and any required permits from the building department.
