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Board grants setback variance for Cleveland Road porch after staff cites practical difficulties
Summary
A variance to allow a porch/deck 3 feet from the east property line (where 8 feet is required) was approved after staff said a narrow, multi‑front lot and septic/cleanout constraints demonstrated practical difficulty; petitioner Lin Vu addressed family needs for outdoor space.
The Area Board of Zoning Appeals approved a variance to allow an east porch/deck to remain three feet from the property line at 19075 Cleveland Road, finding practical difficulty given lot configuration and utility constraints.
Area Plan staff member Fariel Shreve explained the building department red‑tagged the porch after it was built and that the lot is narrow with three fronting streets and a septic/cleanout located at the rear. Shreve recommended approval based on practical difficulty and the low likelihood the structure would be injurious to neighboring properties.
Owner Lin Vu testified that he built the porch for family use and because the lot offers the most privacy at the rear; he said he did not realize the porch encroached upon the setback and came to request a permit after being red‑tagged. “I didn't know what the code was… I'm here today to ask for a permit and greatly appreciate for my family to enjoy that property,” Lin Vu said.
No neighbors opposed the petition at the hearing. A board member moved to approve the variance and the board voted in favor; staff will issue written findings of fact documenting the decision.
What happens next: Staff will prepare written findings and the petitioner may proceed to obtain required permits consistent with the variance.
