With two of five members absent, the Porter Board of Zoning Appeals split 2-1 Wednesday on a variance request resulting in no action. The petition of Charles Welter was carried over to the Jan. 20 meeting.

It takes three affirmative votes for official action to occur. Members Elka Nelson and Greg Stinson were absent.

During a public hearing last night, no one commented either for or against the variance that would allow construction of a deck at 2915 Dudley Drive leaving less than the required 30-foot setback on the west side.

BZA member Lorain Bell first moved to deny the petition but no one seconded the motion. Bob Kremke then moved to grant the variance and president Henry Huyser seconded. Vote was 2-1 with Bell dissenting.

After the meeting Bell said he opposed the variance because Welter already has two decks, the house is functional without the variance and a current brick patio encroaches on the Dudley right-of-way.

Welter attorney William Ferngren said during his presentation to the BZA that the patio, which now extends to a retaining wall at the road, would be torn out and replaced with a 7-foot by 25.6-foot deck adjacent to the house making the encroachment less and the area safer, especially since there would be no deck access from the street.

After the meeting town planner Jim Mandon said a portion of a town road encroaches on Welter’s property at the Dudley intersection.

Once the brick pavers are removed, Ferngren said the remaining yard around the new deck will be landscaped with native plant material in keeping with the Porter Beach zoning overlay recently approved by the town even though the Welter petition was filed prior to its adoption and is not bound by it.

Ferngren said Welter plans to remodel the existing house including the new deck so the overlay goal of promoting housing stability also would be met.

Town attorney Patrick Lyp said in January the BZA will have new members so they will have to educate themselves on the Welter petition before taking up its continuation. The public hearing is closed.

In other business, a public hearing was set for Jan. 20 for Christopher and Amy Sue Palmer, who are seeking a variance to locate an electronic security gate 30 feet off the road on a private driveway at 555 N. Wagner Rd.

Attorney Greg Babcock said the Palmers have had two break-ins and desire to beef up security. Kremke said he completely understands what they want to do.