Amherst zoning board hears request to roof patio that would encroach 6 ft. 7 in. into rear-yard setback

The Amherst Zoning Board of Appeals on Oct. 29, 2025, heard a request from Richard and Maury Burrell, represented by Jeff Osland, for a variance to allow a roofed structure to encroach 6 feet 7 inches into a required 25‑foot rear‑yard setback at 218 Hidden Cove, Amherst.

The case concerns an existing open‑air patio the homeowners wish to cover. According to the presentation, enclosing the patio with a roof would make the structure permanent and therefore subject to the 25‑foot setback requirement in Chapter 11.29.03. Building inspector McCartney told the board the proposed covered patio would remain outside a separately recorded 15‑foot storm‑sewer easement but would reduce the rear setback to approximately 18 feet 5 inches from the property line.

The board discussed prior approvals within the same subdivision and a related development, noting planners previously approved 10‑by‑14‑foot covered deck structures for other lots. Board members observed this request extends about 6 feet 7 inches deeper than those prior approvals. Members also noted the rear property line abuts common area and a Metro Parks trail and recreation center.

No members of the public spoke on the application. Chair Terry Tomaszewski said the board would enter deliberative session to consider both agenda items and render a decision; applicants were told they would be notified in writing within 14 days. The transcript does not record a final vote on this specific variance during the public portion of the meeting.