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Lancaster County BZA approves variance letting deck and roof remain at 4034 Flagstone Drive
Summary
The Board approved a variance allowing an existing unpermitted deck at 4034 Flagstone Drive to remain and authorized permitting a roof over the deck; staff clarified the BZA cannot itself issue a retroactive building permit but the building department may accept third-party engineer verification.
The Lancaster County Board of Zoning Appeals voted to grant a variance allowing an existing deck that encroaches into a rear setback at 4034 Flagstone Drive to remain and permitting a roof structure to be built over the existing deck footprint.
Property owner Brittney McCormick told the board she purchased the home in March 2026 and discovered the deck, built by a previous owner, was not shown on the plat and was located within the setback. McCormick said the deck has been in place for more than six years without complaints and described topographical constraints that make relocating the deck difficult. "Our goal here is to get a variance to be able to get a retroactive permit for the deck, and then to build on top of it, if possible," McCormick said.
Staff clarified the limits of the board's authority: "The BZA doesn't have the authority to grant a retroactive permit," staff said, explaining that if the board allows the deck to remain the building department could require a third-party engineer to certify the structure before accepting a permit. The applicant and contractor acknowledged that additional footings and structural work may be required before a roof could be added.
The board voted on the four statutory variance criteria individually; the members present voted that the criteria were met and the variance was approved. Staff said they would contact the applicant with instructions on the permitting and inspection steps required to complete the work.
Why it matters: Approval lets the homeowners pursue required permitting and structural inspection to bring the existing deck and prospective roof into compliance rather than removing the structure, subject to the building department's acceptance of engineering verification and any required retrofitting.
What happens next: The building department will determine permit and inspection requirements; a third-party engineer letter may be required to permit the deck to remain and to allow the roof permit to proceed.
