Board of Adjustment grants variance for front-deck extension at 21 Court Royal Road

The Board of Adjustment voted unanimously to grant a variance allowing homeowners Mark and Maureen Nicholson to extend a front deck at 21 Court Royal Road.

The board’s Department of Planning and Zoning staff presented Application B-463 and said the request would allow a 4-foot-by-20-foot deck extension that projects roughly 3.5 feet into the 25-foot front-yard setback required in the R-1 single-family residential zone. Staff told the board the application included six letters from adjacent property owners in support and that the proposed expansion would not exceed maximum lot coverage; staff recommended approval with a condition that the deck remain uncovered in perpetuity so it would not be reclassified as a porch under the town code.

The applicants, Mark Nicholson (property owner/applicant) and his spouse, said they have been full-time residents of the cottages for about 30 years and described the existing 4-foot porch as too narrow for safe circulation. "For at least 10 of those years, I've wanted to expand this deck," Nicholson told the board, adding that the new deck would sit on an unused rock-garden area and improve both their property and the neighborhood. Neighbor Patty Mallon testified in support, saying the porch is so narrow it is hard to maneuver on.

Board members questioned the applicant about the asserted hazardous condition and construction details. Nicholson said the finished deck dimensions will be 8 feet by 20 feet and that new, wider steps will be placed to the side so they will not extend further into the setback. A board member asked whether the 4-foot porch was original to the builder; Nicholson replied it was the builder’s standard and that other homes in the development have enlarged porches.

During deliberations several board members stated they found the applicant had demonstrated an exceptional practical difficulty specific to the parcel, cited the neighbor testimony and letters of support, and agreed the request would not substantially alter the neighborhood’s character. A committee member moved to approve Variance V-463 for 21 Court Royal Road “based upon the request of the homeowners and the approval of the planning department,” another member seconded, and the motion passed with full concurrence.

Board counsel and staff explained the board’s vote is not the final administrative act: a written decision will be prepared, signed, and filed in the Board of Adjustment office; the appeal period begins when that written decision is filed. Staff estimated the appeal period would be about two weeks once the decision is filed and mailed to the applicants.

After the vote the board handled routine minutes approval and adjourned the meeting.