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Board approves two Ritchie variances for Byron Drive property after side-yard deck request withdrawn
Summary
Dan Ritchie withdrew a contested side-yard deck variance after neighbor objections; the Board of Zoning Appeals approved a 21-foot rear-setback variance (deck at 39 feet where 60 is required) and a variance permitting a pool/accessory in the side yard at 2872 Byron Drive.
The Board of Zoning Appeals on Aug. 15 approved two of three variance requests from Dan and Chelsea Ritchie for their property at 2872 Byron Drive after the applicants withdrew a contested side-yard deck variance following neighbor objections.
The Ritchies originally sought: (1) a 21-foot rear-yard setback variance so a deck could be placed 39 feet from the rear property line where 60 feet is required, (2) a 21-foot side-yard setback variance to permit a deck up to 5 feet from the property line where 25 feet is required, and (3) a variance to permit an accessory structure (a semi in-ground swimming pool) in the side yard where accessory structures are permitted only in the rear yard.
During public comment, neighbor Joseph Hurst (who submitted email correspondence that the board acknowledged as part of the record) said all three requests were out of compliance with the code and expressed concerns about the deck towering above his yard, potential failure of a pool downhill from his property and risks of significant water release. Hurst provided photographs and argued the area was smaller than it appeared on the plan.
Ritchie said the lot’s peculiar jog and existing outbuilding constrained possible locations; he said the pool was proposed to be semi in-ground, surrounded by a composite deck and vinyl railing, and that the deck idea was primarily to provide a unified fenced area for pool control and safety. He said the pool could be built with a code-compliant 15-foot side setback if necessary, but that a side-wall deck was his wife’s preference.
After discussion the Ritchies asked to withdraw the side-yard deck variance (the 21-foot side setback). The board then considered only the rear-yard setback for the deck and the side-yard pool placement. A motion to approve the two remaining variances carried on roll call. Several board members said they were not inclined to approve the withdrawn side-yard variance given the neighbor concerns but could support the other two requests.
Why it matters: The final approval allows a reduced rear setback for a deck and permits a pool in the side yard — changes that affect neighbor sight lines, safety considerations and property use — but the board declined to press forward on a full wraparound deck that neighbors said would be domineering.
