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Adams County board approves variance to allow deck closer to Parker/Jordan Lake
Summary
The Adams County Board of Appeals approved a variance allowing Benish Family Properties LLC to build a second-floor deck within the 75-foot ordinary high-water mark setback, citing a small expansion over an existing concrete patio and accessibility for elderly residents.
The Adams County Board of Appeals on a unanimous vote approved a variance allowing Benish Family Properties LLC to place a second-floor deck within the county—s 75-foot ordinary high-water mark setback at 1870 Banfield Road.
Staff member Dusty (S2) introduced the request as a variance under the county shoreline and habitat protection ordinance and said the applicant sought a 36-foot setback to the ordinary high-water mark. The parcel number was given as 26-2626. Staff noted the town of Quincy objected at its October meeting because the house and deck do not meet the 75-foot setback.
The applicant (S6) told the board he had owned and rehabilitated the property to accommodate elderly parents and that the proposed deck would provide safer, shorter access than existing steep steps. "What I'm asking for is to be able to put a deck in so they can enjoy not having to go outside and walk all the way around," the applicant said. Staff confirmed the property is licensed for short-term rental use and that the structure predated current zoning, leaving most of the house inside the 75-foot setback.
Board members asked technical questions about footprint and whether the proposal would expand a legal nonconforming structure. Staff said expanding above an existing concrete patio requires a variance because a second-floor deck is not the same footprint as the ground-level slab. Board discussion repeatedly framed the change as minimal: members said the deck would expand the setback intrusion by roughly a foot and a half.
When asked about water-level fluctuation, staff explained Parker Lake and Jordan Lake are managed by a dam that raises and lowers levels seasonally but does not dramatically change the ordinary high-water mark used to set setbacks.
A board member moved to approve the variance; it passed after members cited the small increase in intrusion, the preexisting nonconforming patio, the applicant—s ownership of adjacent property, and limited likelihood of increased noise as reasons for support. Staff said the applicant must still obtain the necessary building permits and inspections after the variance.
The board recorded its reasons for approval and closed the item with staff guidance on the next permitting steps.
