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Council denies variance for deck at 173 Gulf Island Drive but allows applicant to reapply
Summary
The council denied a request to reduce the side‑street setback for a larger front deck at 173 Gulf Island Drive, citing lack of hardship and neighborhood opposition; the denial was entered without prejudice so the owner can resubmit a modified proposal.
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The Town Council voted unanimously on March 16 to deny a variance request from the owner of 173 Gulf Island Drive seeking to reduce a required 20‑foot side‑street setback by 11.9 feet to permit a 232‑square‑foot deck.
Community Development staff (Jason Green) recommended denial, stating the variance appeared to be an applicant‑created condition rather than a demonstrated hardship. The Local Planning Agency had also recommended denial. Neighbors testified that the setback exists to maintain neighborhood scale and quiet, and one neighbor called the proposed encroachment "huge" and urged the council not to grant an almost 12‑foot reduction.
Owner John Prince said the existing stairway and deck are an "eyesore," raised safety concerns and said he would be willing to reduce the footprint or reapply with neighbor letters of support. Council discussion emphasized the LPA recommendation, the lack of demonstrated hardship and the need to protect neighborhood expectations. Councilor King moved to deny; the motion was amended so the denial was entered "without prejudice," allowing the applicant to reapply with modifications. The council adopted the amended motion unanimously.
What this means: The denial without prejudice preserves the council’s option to hear a revised application that reduces the scope or documents neighbor support; it does not authorize construction. Any future application will require re‑filing and review by staff and the LPA.
Officials emphasized that the town enforces setback standards measured from the right‑of‑way line and that applicants should confirm dimensions with staff before constructing new features.

