The project proposed a Variance to the south, side setback for an upper and lower deck and a portion of the residential structure. On May 22, 2014, the Planning Commission granted a variance for the structure, granted a maximum 3-foot variance to the 5-foot setback for the upper deck and denied the variance for the lower deck. The decision on the upper and lower decks was appealed to the Board of Supervisors by two separate parties. (The grant of the variance for the structure was not appealed.) On August 26, 2014, the Board denied both appeals. The Board denied both variance requests. The Board confirmed that the lower deck would have to comply with the 5 foot setback requirement as new construction. The Board recognized that the upper deck had been originally constructed in 1978 and at that time, Section 1726(c)(2) of the zoning code permitted a 3-foot extension into the 5-foot setback for "unenclosed porches" which the County historically interpreted to include decks. The Board found that the portion of the reconstructed upper deck within the 3-foot extension area should be treated and accepted as legal non-conforming.