BZA approves variance allowing covered deck and retroactive permit review at Flagstone Drive home

The Lancaster County Board of Zoning Appeals voted to approve a variance allowing an existing unpermitted deck to remain within the rear setback and to allow a roof to be built over it at 4034 Flagstone Drive in the Millstone Creek subdivision.

Planning staff told the board the deck encroaches about seven feet into the rear setback and that a drainage easement lies behind the property but county water/sewer and stormwater staff said the deck and proposed roof would not affect those easements. Applicant Brittney McCormick said she purchased the home in March 2026, discovered the unpermitted deck during permitting for a pool, and pursued HOA approval. "The deck has existed for more than 6 years without adverse impacts or complaints," McCormick said, and she said the proposed roof would remain within the existing footprint and would not alter the residential character of the neighborhood.

Staff clarified the BZA cannot grant a retroactive building permit; instead, if the board allows the deck to remain the county building department would require a third-party engineer’s letter confirming the deck meets structural requirements, and the building official would accept that documentation for inspection and permitting. The board moved to bring the matter to the floor, voted that the four variance criteria were satisfied, and approved the variance; staff will provide follow-up information to the property owners on next steps and permitting requirements.

During discussion applicants acknowledged the deck was not permitted and said they were prepared to take any measures needed to bring it up to code, including adding footings and structural work to support a roof. The approval allows the owner to pursue the combined permitting path outlined by staff but makes final building approval contingent on inspection and engineering verification.