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Castle Rock Board of Adjustment approves variance for deck cover at 3962 Scarlet Oak Court
Summary
On Dec. 4, 2025, the Town of Castle Rock Board of Adjustment approved a variance (3–0) allowing Brian and Megan Peterson to add a deck cover that will encroach 10 feet into the required 20-foot rear setback at 3962 Scarlet Oak Court. Staff said the HOA and CORE approved the existing deck; a building permit is in process.
The Town of Castle Rock Board of Adjustment on Dec. 4, 2025, approved a variance allowing homeowners Brian and Megan Peterson to add a deck cover that will encroach 10 feet into the 20-foot required rear setback at 3962 Scarlet Oak Court. The motion passed by a 3–0 roll-call vote.
The board heard a staff presentation showing aerial maps and plot schematics for the property and the existing deck. "The proposed deck cover will encroach into the setback by 10 feet, but it does not encroach into the 10-foot utility easement," said the staff presenter. The staff report notes the existing deck was permitted before the current owners, the homeowners' association has approved the work, and CORE has reviewed the site with no objections. A building-permit application is in process.
Chair Purcell led the board through the municipal code's six variance criteria and described the lot's irregular shape as the primary reason the applicants cannot meet the standard setbacks. "I think this is exactly why we have a board in a process like this: to separate between the letter of the rules and the spirit of the rules," he said, summarizing the board's view that strict enforcement would cause practical difficulty and that granting the variance would not alter neighborhood character or harm adjacent properties.
Board Member Purcell moved to approve the request; Board Member McAfee seconded. The recording secretary took a roll-call vote: Chair Purcell — yes; Board Member McAfee — yes; Board Member Coker — yes. The motion carried, and the board recorded no amendments or conditions to the approval.
After the vote, staff told the applicants she would "approve your permit in the system this evening, so they'll be calling you," and confirmed the next administrative steps for permit issuance. Staff also told the board that because the standard January meeting date falls on New Year's Day, the hearing schedule has been moved to Jan. 15, 2026, and that filings for that hearing will be accepted through Dec. 15.
The board adjourned at 6:12 p.m.
