Planning board approves 16.8-foot setback variance for Hill Street balcony with open-deck condition

The Planning & Zoning Board on Oct. 6 voted 5–0 to approve variance V‑6252311, allowing a second-floor balcony on South Atlantic Avenue to encroach an additional 5 feet—16.8 feet total—into the city’s 20‑foot front-yard setback.

Staff had recommended denial after reviewing the five legal criteria for a variance and noting that the proposed extension would increase the property’s encroachment from about 59% to roughly 84% of the required setback. Staff cited concerns about meeting the special‑circumstances test and preserving the intent of the Land Development Regulations.

The applicant, identified in the hearing record as Sally lehi, told the board the five‑foot extension was a “modest” change to make the balcony usable by family members, including an elderly parent and grandchildren, and that neighbors had sent letters of support. Contractor Glenn Leffler, who said he and the applicant bought the house in 2017, told the board the house appeared to have been built with the porch originally and urged approval.

Board members discussed whether the property’s legal nonconforming status barred a variance and whether the irregular character of Hill Street justified an exception. Legal counsel advised the board to focus on the five statutory criteria and the evidence presented rather than the property’s nonconforming history. Commissioner S5 moved to approve the variance with a condition prohibiting enclosing or roofing the new deck and requiring decking spaced for drainage; S13 seconded. A roll call vote recorded five yes, zero no.

The approval is conditioned in the record on the deck remaining open so water can percolate through to the ground and on a written stipulation that it not be enclosed. The board’s action grants a recommendation-level quasi-judicial variance; implementation and any building permits will follow standard permitting review.