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Board denies request to legalize unpermitted rear deck at 324 Mississippi Street
Summary
The Board denied a variance request to legalize an unpermitted deck at 324 Mississippi Street, concluding it did not meet the five findings required for a rear‑yard variance and noting DBI had issued a notice of violation for a failing retaining wall affecting egress.
The Board of Appeals on April 5 denied a rear‑yard variance that would have legalized an unpermitted deck at 324 Mississippi Street, a structure the owner built after a neighbor’s failing retaining wall compromised the existing stairs.
Keith Curley, the architect for the property owner, said the deck and an associated design were meant to restore usable open space and a second means of egress after years of unsuccessful attempts to have the neighbor repair a…
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