Permit expediter requests 6-foot rear-yard setback variance to replace existing deck

Gabrielle Anne Council, a permit expediter with Permits by Gabrielle, asked a hearing panel on Nov. 18 for a 6-foot variance from the 20-foot rear-yard setback to allow replacement of an existing open rear deck that measures 18 by 20 feet.

Council told the panel the project replaces an aging, unsafe wood deck with longer-lasting materials but does not enlarge the existing footprint. "It's just basically in kind with safer materials," she said. Under questioning, she confirmed the main deck area is 18×20 feet (360 square feet) and an 18×8-foot walkway (144 square feet), bringing the deck area to 504 square feet, not including landings and steps.

The chair walked through the five zoning findings required for a variance. On the first finding, the chair said, "The 1st finding is that there are unique physical conditions," and Council explained that the house is set at an angle on a corner (catty-cornered), which affects how the setback applies. The chair also asked whether the variance would alter the character of the neighborhood; Council said neighboring lots have rear decks and that replacement would not change the neighborhood's character, though she acknowledged there is no consistent screening between yards.

Council said she does not know how the original deck was built without a variance and that homeowners purchased the house with the existing deck. She said the permit process and coordination with zoning took months and that the homeowners' primary goal is safety rather than an increase in living space.

The panel verified the property is not in a historic district. The hearing concluded with the chair saying the matter was closed and that "a decision order will be forthcoming shortly." No vote or formal action was recorded on the record during the session.

A written decision from the panel will state whether the five findings have been met and whether the variance is granted.