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Council overturns planning board denial, approves variance at 1504 South Locust
Summary
After hearing testimony from homeowner Jim Lynn, the council voted to overturn the Planning & Zoning denial and approve a variance to enclose an existing deck at 1504 South Locust, citing a historical site‑plan orientation error and limited alternatives. Legal counsel cautioned about the undue‑hardship standard.
The Brandon City Council voted to overturn a Planning & Zoning (PNZ) denial and granted a variance to allow a homeowner at 1504 South Locust to enclose an existing deck as a three‑season porch.
Jim Lynn, the applicant, told the council the house was built in 2004 from an approved site plan that was later constructed as a mirror image of the plan, a discrepancy he said was inspected and accepted by the city at the time. Lynn said the existing deck already encroaches on the rear setback by roughly 1–3 feet in places and that enclosing the deck would not expand the footprint. He described two alternate locations for a porch that were infeasible: one would require substantial changes to the interior and would encroach on required egress windows, the other would interfere with a drainage easement serving neighboring yards (he said it could cause runoff or flooding) (Jim Lynn, applicant).
Council members questioned whether the proposed porch would require new footings or structural work; Lynn said the deck had already been reconstructed with stronger footings in anticipation of approval and that the plan would meet building requirements if allowed. One councilmember emphasized sympathy for the applicant’s effort but asked about the distinction between correcting a city oversight and the legal standard for a variance.
City legal counsel cautioned the council that a Planning & Zoning denial hinged on whether the applicant had shown an "undue hardship" under the plat and setback context; counsel explained that the fact the city did not catch a mirrored site plan at construction does not amount to the city’s approval and that PNZ’s evaluation focused on whether the lot's characteristics created a hardship preventing reasonable use.
Despite that legal caution, a councilmember moved to overturn PNZ’s denial. The motion was seconded and carried on a roll‑call vote after brief discussion.
The council’s action allows Lynn to proceed with plans to enclose the existing deck as a three‑season porch. Council minutes show the applicant thanked the council before the meeting moved on to other business.
What happens next: The approval permits the applicant to apply for building‑permit work consistent with the variance; any required building‑permit review and inspections remain separate from the zoning variance decision.
