Portland Zoning Board denies variance for 28 Waterville Street porch enclosure

The Zoning Board of Appeals denied a practical difficulty variance request for a property at 28 Waterville Street on August 6, 2026. The applicant sought to enclose an existing porch to create a mudroom, but the board determined that the strict application of setback rules did not preclude a permitted use under the zoning code.

Key points

• The board unanimously denied the variance after finding that the applicant failed to meet the standard that strict application of the ordinance would preclude a permitted use.
• Board members debated whether a mudroom constitutes a distinct accessory use or is simply an extension of the primary residential use, with the majority concluding it is part of the residential use.
• The applicant, represented by architect Chelsea Litvin, argued that the 1859 home's small footprint and unique lot shape made the porch the only feasible location for additional storage space.
• The owner stated that enclosing the porch would improve the home's usability for storing winter gear, though they could not quantify the economic benefit to the property's value.
• The board found that the property's unique circumstances and the lack of feasible alternatives were met, but the failure on the "precluded use" standard was sufficient for denial.

Read the full transcript