In 1985 a variance was granted for a carport to extend from house to property line. in 2009 I obtained a permit to build a deck on top of carport. 8 years later the Building department is telling me I now need a variance due to setback code for deck on top of carport. Does not the carport granted by variance in 1985 become the footprint of the dwelling? And if so, how do setback codes apply. Air rights etc. Does anyone have any experience or knowledge of this situation?