[1990C4S]

I have an existing 12' x 16' deck, 49" above grade. We want to cover it, full shingled roof, open sides, just your typical covered eating area.

By code I will need a variance (and my neighbours approval) to get my permit. If my deck was 1" or 2" lower I would be 'conforming' (48" high is the limit), I could just drop off my plans and wait two weeks, all done...

So I have a couple of choices:

1) Regrade the side yard (I have an 8' setback from the neighbors fence) and apply stating the deck is less than 48" above the ground. I think I could build this area up by 2" with soil/compost.

2) Ask my neighbor before I apply. This is the route I would take with a normal neighbor, but this guy complained that we use a clothesline (even though it's 100% legal/conforming). I do not want to have him say 'I don't like it', and then I'm stuck because I was polite enough to ask.

3) Drop my deck one step down. This is workable, but it makes me step down from my french doors, and it makes this section of the deck one step lower then remainder. To me it's a trip hazard.

I'm leaning towards 1). Do some landscaping before the inspector shows up (if he ever does).

Will this 'fool' the inspector if he snoops around?