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Board approves small rear‑yard encroachment for deck and pavilion at 175 Simmering Creek
Summary
The board unanimously approved variance 26‑07 allowing a 2 ft 2 in encroachment into the required 10‑foot rear yard setback for a pavilion and deck at 175 Simmering Creek after staff noted an approved pool permit and neighbors said they had no objection.
Planner William Willingham presented variance 26‑07, a request by Rob Stefanik on behalf of owner Travis Coats to allow an accessory structure (a 12x16 pavilion and deck) to encroach 2 feet 2 inches into a 10‑foot rear‑yard setback at 175 Simmering Creek. Staff noted previous approvals on the lot (a pool permit and an approved deck location), mailed 87 notices and received three responses (one in favor, two opposed) with no stated reasons.
Contractor Rob Stefanik said the pavilion was already purchased and described design and orientation alternatives; he argued the encroachment would be largely concealed behind the house and would not be visible from the street. Neighbors who live immediately adjacent (Edward McCray and Donna Eggert) told the board they could see into the backyard and had no objections to the 2‑foot encroachment. Staff walked the board through the five variance findings and flagged potential concerns about weakening the general purpose of the UDC but noted the open space and approved pool reduced public‑safety concerns.
After deliberation — where several members said they saw limited public‑safety or neighborhood impacts given the existing approved pool and greenbelt behind the lot — a motion to approve the variance was offered (Committee member S3), seconded (Committee member S4), and the board voted unanimously to approve the requested encroachment.
