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Local zoning board approves deck variance after rejecting motion to table
Summary
A local zoning board approved an application (ZBA 25120073) for a multi-tiered deck on a steeply sloped lot after discussion about variance size, the applicant's claimed disability-related hardship, and a failed motion to table the case.
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A local zoning board voted to approve a variance request for a multi-tiered deck on a steeply sloped lot after a short procedural dispute about whether to table the case.
The board considered application ZBA 25120073, which seeks expanded deck area that would step up the slope behind a residence. The applicant’s representative described a site that drops roughly 30 feet from back to front, with the highest deck sections about 4 feet above grade and the deck’s lower level approximately 8 inches above ground at one edge. The representative said about 10 posts and concrete tiers are in place, and roughly $6,000 in lumber has been installed. “I’m significantly invested in the project as it is currently and kinda getting blindsided,” the applicant’s representative said.
Board members debated whether the requested variance was larger than necessary and advised the applicant to consult the city about alternatives. One committee member suggested pursuing a narrower variance—for example, a 5-foot variance instead of a larger request—to make board approval more likely. The member noted that with seven voting members, the margin for a successful vote can be narrow.
Board discussion also referenced the applicant’s claim of a disability-related hardship: members and the applicant said the property owner, identified in the record as a disabled veteran, would have difficulty using the higher-tier stairs and would rely on the lower-level deck for access. The hardship argument was presented as a reason to consider a variance that would provide accessible egress from the home.
The meeting included procedural back-and-forth about scheduling. Board members discussed whether to table the matter to a later date and whether the applicant could withdraw and resubmit; the transcript records confusion about the meeting calendar, with references to Feb. 16 and Feb. 24. A motion to table the case to Feb. 16 was made, and the chair announced a motion and a second (the chair recorded a motion “for Mr. Baker” and a second “for Mr. Langston”). The attempt to table was recorded in the transcript as failing. The mover then revised his language and the transcript records a subsequent motion that the chair said passed. The record contains contradictory procedural statements about vote tallies and passage; the transcript does not provide a clear, consistent roll-call tally.
After the board’s action the meeting moved to citizen comments and adjourned.
What happens next: The transcript indicates the applicant may consult the city for a compromise or, if the applicant withdraws, may refile sooner than if the board denies the case; the exact deadlines discussed were that a denial could require a six-month wait, while a withdrawal could allow return the following month. The transcript contains inconsistent calendar references; the applicant and board should confirm any filing deadlines with planning staff.
Quotes attributed in the record: “I'm significantly invested in the project as it is currently and kinda getting blindsided,” Applicant (speaker 6) said about work already completed and permit confusion. “Madam chairman, I make a motion that we … table this motion … to February 16,” Committee member (speaker 2) said when moving to table the case. “We have a motion for Mister Baker and a second for Mister Langston,” Chair (speaker 5) announced at the vote call.
Authorities and identifiers in the record: the parties repeatedly referenced "zoning" rules and the case label ZBA 25120073 as the matter before the board. The transcript refers to city permit processes and the board’s procedural rules for tabling or withdrawing cases.
The board did not provide a clear roll-call tally in the transcript; the meeting record contains contradictory statements about passage and tally. The applicant and interested parties should request the official minutes or staff-recorded vote tally for a definitive vote count and any conditions attached to the variance.
