South Portland Appeals Board Grants Variance for 199 Margaret Street Addition

The South Portland Zoning Board of Appeals voted unanimously on September 28, 2026 to grant a practical difficulty dimensional variance allowing Katherine McCall and Cullen Cogburn to vertically enlarge their non-conforming home at 199 Margaret Street. The board found all eight required standards were met, citing the home's unusually low roof pitch, unsafe stairs, and support from neighbors. The applicants said the changes are needed to create safe, code-compliant living space for their growing family.

Key points

• The board voted to approve application A 26-1403, a dimensional variance for a reduction in front and side setbacks to allow a vertical enlargement at 199 Margaret Street.
• Board members voted individually on all eight required standards, finding each was met, then held a final vote to grant the variance.
• Neighbors spoke in support, including adjacent property owners who said the house had long been vacant and in poor condition and that the project would improve the property.
• The applicants' attorney, Ed McCall, argued the 2008 Wiper v. City of South Portland decision requires a practical, flexible reading of the variance criteria.
• Board members questioned how the "significant economic injury" and "no feasible alternative" standards should be applied, noting the applicants' estimated costs of selling or building alternative designs.
• City staff noted the planning department is researching similar non-conforming structures and may propose setback changes.

Next steps

• The chair was authorized to sign the written decision on the board's behalf once drafted, with a deadline of seven days from the meeting.
• City staff said the planning department will go to the planning board on October 14 with proposed setback amendments, with a first read at the council on October 27, a second read on November 17, and possible effect by December 7.
• A board member suggested adding a future agenda item to discuss the city's history with practical difficulty variance requests.

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