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Board grants variance to retain and repair long-standing deck that encroaches on setback
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Summary
The Board of Zoning Appeals approved a variance for a quarter-acre Green Valley Greens Second lot to allow an existing deck that now counts as part of the primary structure to remain; the property owner requested the variance to permit necessary repairs and no public opposition was recorded.
The Andover Board of Zoning Appeals voted to grant a variance for case BZADashV26Dash0001, allowing an existing deck that encroaches into the rear-yard setback to remain after repairs.
City zoning staff said the deck predates the current zoning regulations and had existed as a legal nonconformity. Modifications — including adding a roof and repairs — changed the deck’s status so it now counts as part of the primary structure, which triggered the need for a variance. Staff told the board the deck’s floor area is not changing, the footprint will remain the same, and no adverse effects or additional parking requirements are anticipated.
Property owner Kathy Clements said she needed to repair the deck because “the stairs were very wobbly, and a lot of the posts were also ready to come away,” and told the board the deck has been there since the house was built around 1992.
During deliberation, the board considered the standard variance criteria, including the lot’s small, irregular shape at the end of a cul‑de‑sac and the practical difficulty of meeting setback requirements without removing the longstanding deck. Commissioner David Foley moved to grant the variance, citing applicable statutory authority; the motion was seconded and approved by voice vote.
The board provided no conditions beyond those required by code in the hearing record. No written communications or public speakers opposed the request.
