Board approves deck setback variance at 203 Buckingham Ave with privacy screening requirement

The Syracuse City Board of Zoning Appeals approved an area variance permitting a rear deck to encroach into the four-foot side setback at 203 Buckingham Ave, with conditions requiring a planting plan and at least 8–10 feet of vegetative screening along the rear property line.

Applicant Mirzatich told the board the house, built around 1900, sits on a narrow lot with an existing side setback of about 2.5–2.8 feet and that a small raised deck would improve kitchen access and livability. "I want to add just the deck in the back of the house... nothing fancy," the applicant said. He told the board the deck would be modest, mostly screened from the street and would not change the overall neighborhood character.

Several neighbors testified with privacy concerns. Anne Ely, who lives nearby on Kensington Road, said adding a raised deck would perpetuate an encroachment and could change backyard character; she also raised separate concerns about asphalt over city sidewalks at the property. "Some of our concern is... is this going to be owner-occupied or passed on to a student rental?" Ely asked, citing worries about parties and noise. Beth Waller Bailey, who lives directly behind the property, requested a privacy wall or fence because the proposed deck would look into her backyard and screen porch. "If he doesn't put up a privacy fence, then I'm gonna have to do a request for an ordinance... and I'm gonna have to ask for, like, a huge fence that's gonna be a huge additional cost for me," Bailey said.

The applicant acknowledged those concerns and offered to plant tall evergreen screening: "I'd be happy to plant some of the green trees or bushes... to give more privacy," he said. Board members queried alternatives including a ground-level patio and whether a tall privacy wall on the deck would create structural or permit issues; staff and board members suggested vegetative screening along the property line as a preferred remedy. A staff member also noted that short-term rentals (Airbnb) are not permitted in R1 zoning districts, a constraint the applicant said could affect his future plans.

A motion to approve the area variance passed with the condition that the applicant submit a planting plan as part of the permit process and install vegetative screening that will reach approximately 8–10 feet in mature height; the board also required the applicant to obtain a building permit and noted that any further encroachment would require return to the BZA.

Next steps: the applicant must submit a planting plan with permit applications and secure building permits; enforcement of any sidewalk/asphalt compliance is separate from the variance proceeding.