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Board approves Chastain deck variance with required gutters to tie into existing drainage

Monroe County Board of Zoning Appeals · February 5, 2026
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Summary

The Monroe County Board of Zoning Appeals approved a variance allowing Everett Chastain to rebuild a covered rear deck despite exceeding impervious-cover limits, conditioned on gutters and drainage tying into the property’s existing downhill drainage system.

The Monroe County Board of Zoning Appeals voted unanimously to approve a variance for a covered rear deck at 4605 South Old State Road 37, requiring the petitioner to install gutters and drainage features that channel water into an existing downhill drainage system.

Planning staff had recommended denial, saying the proposed addition would increase impervious cover and could cause ponding and other off-site impacts. Staff’s analysis estimated the site’s impervious cover was well above the 50% maximum for the property’s zoning and critical-watershed designation, and concluded the petitioner had not demonstrated the practical difficulties required for a variance.

Petitioner Everett Chastain said the deck is necessary for safe egress from the house and disputed staff’s measurements: “My position is that it has to have a back deck, and it has to have an opportunity for people to get out of there in case there's an emergency,” he said, adding that much of the driveway blacktop allows water to flow under and toward the natural low point on the parcel.

Board members questioned construction details and whether gutters or other controls would eliminate any net increase in runoff. One member said a condition tying new roof drainage into the property’s existing downhill system would address staff concerns. The board adopted that condition and approved the variance 4–0.

The variance approval requires the petitioner’s building permit to include the drainage tie-in; staff will check the detail during permit review. No further appeal or additional conditions were recorded at the hearing.