Board denies variance at 138 Powersbury Road amid concerns about unpermitted rear business

The board denied a request to formalize an existing projection that encroaches into the eastern side setback at 138 Powersbury Road, citing both the encroachment itself and unrelated code-enforcement issues involving a business operating at the rear of the property.

The property owner’s representative described the covered porch already in place and asked for a reduction of the setback to accommodate a roof over the entry area. Commissioners noted that the city’s code allows a 50% projection into the side setback and explained how the owner could achieve compliance by pulling the projection back to the allowable 7.5 feet. Commissioners also identified complaints about a business operating from the rear of the lot and said that code-enforcement matters would need to be addressed separately. One commissioner moved that the variance be denied; another seconded, and the board voted to deny the request. The board advised the owner that moving the projection back to comply would eliminate the need to return to the board.