Board approves variance so homeowner can keep enlarged deck after trimming encroaching sections

The Lexington-Fayette Urban County Board of Adjustment on June 1 approved variances allowing a homeowner to retain most of a recently rebuilt deck at 624 Andover Village Place, provided the owner cuts back portions that encroach on adjacent property and obtains required encroachment permits.

Staff presented the case as a retrofit of a decades-old nonconforming deck that had been rebuilt without completing required variances and encroachment approvals. Planning staff said they disapproved the full variance request because the deck as built could impede access for fire and emergency services, but recommended a lesser rear-yard variance that would allow the owner to keep an enlarged deck closer to the rear property line than current regulations allow.

The applicant, Manuel Lijar, told the board the original deck had stood for more than 30 years, said he hired a contractor who assured him permits were taken care of, and described efforts he has taken since learning of the problem. “Since I became aware of the requirements I've taken actions and…