Zoning Board of Appeals

Meeting Schedule | Submission Requirements for Applications | Application | Agenda | Minutes
Fee Schedule | Members
The Zoning Board of Appeals hears and decides appeals of code enforcement and building permit decisions, interprets the Town zoning code, and grants zoning variances and temporary and special use permits as appropriate and authorized by the Town code.

2017 Schedule of Public Hearings

All meetings are held at 7 p.m. at the Irondequoit Town Hall,
1280 Titus Avenue, Rochester, NY 14617.

2017 Meeting Dates

Closing dates for the filling of applications for each meeting are shown below.
 
Closing DatesMeeting Dates
December 9, 2016January 9, 2017
January 6, 2017February 6, 2017
February 3, 2017March 6, 2017
March 3, 2017April 3, 2017
April 7, 2017May 1, 2017
May 5, 2017June 5, 2017
June 9, 2017July 10, 2017
July 7, 2017August 7, 2017
August 11, 2017September 11, 2017
September 1, 2017October 2, 2017
October 6, 2017November 6, 2017
November 3, 2017December 4, 2017

Members

Title

Name

Term Expires

Chair

James Hinman

Dec. 31, 2019

Member

Andrae Evans

Dec. 31, 2020

Member

Joseph Intini

Dec. 31, 2021

Member

Michael Lipary

Dec. 31, 2022

Member

James Paulino

Dec. 31, 2017

Member

J. Russell Thomas

Dec. 31, 2018

Member

Bradley Upson

Dec. 31, 2023

Alternate Member

-

-

Planning & Zoning Atty.

Nixon Peabody LLP

 

Town Liason

 

 

Secretary

Michelle Nichols

 

 

Submission Requirements for Applications

  • 1 copy -- COMPLETED APPLICATION FORM & SHORT ENVIRONMENTAL FORM 
  • 1 copy -- PROOF OF: Ownership, accepted Purchase Offer, Lease or Written Consent from property owner is required to make application.
  • 12 COMPLETE SETS OF PLANS TO INCLUDE:
    • LETTER OF INTENT (See below for details)
    • INSTRUMENT SURVEY MAP SHOWING:
  1. Lot dimensions & area
  2. Building lot coverage existing and proposed.
  3. All existing and proposed structures, fences, pavement etc., & their dimensions.
  4. Existing & proposed setbacks.
  5. Existing natural features: Trees, Streams, Steep Slopes, Wetlands & Flood Plains.
  • FLOOR PLANS, CROSS SECTIONS, SIGN SKETCH, SITE PLAN, & ELEVATIONS (where applicable)
  • A SIGN (PROVIDED BY THE TOWN) INFORMING THE AREA RESIDENTS OF THE PUBLIC HEARING MUST BE POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRIOR TO THE SCHEDULED HEARING.(Signs shall be returned to the Town at the Public Hearing).
THE LETTER OF INTENT
The letter of intent addressed to the Zoning Board of Appeals shall include the following:
  1. The date of application, address of the property, and signature of applicant or agent.
  2. A description of the proposed project or use. Applications for construction should include the dimensions, height, area, materials of construction, & purpose of any proposed project.
  3. Each Area Variance requested must be clearly stated, i.e. the proposed rear setback will be 27' as opposed to the 30' minimum required.
  4. The Area or Use Variance factors below should be included in the Letter of Intent.
AREA VARIANCE
Area Variance Test is a balancing of interests. Balance the benefit to the Applicant if the Area Variance is granted versus the burden to the Health, Safety and General Welfare of the community and its residents.
 
Five Factors Must be Considered When Deciding to Grant an Area Variance:
  1. Possible change to neighborhood character. Will the granting of the variance result in an undesirable change to the character of the neighborhood or will it be detrimental to nearby properties?
  2. Are there alternative solutions that would not require a variance? An applicant should present his/her reasons for choosing one alternative over another, i.e. better view, better internal pattern, cheaper construction, better overall aesthetics.
  3. Consider whether the requested area variance is substantial, i.e. amount of variance requested, magnitude of variance requested.
  4. Consider whether the area variance will have an adverse effect on physical or environmental conditions in the neighborhood or district, i.e. block a view, cause a drainage problem, impact a wetland, cause a parking shortage.
  5. Is the situation self-created? (Because it is self-created, the granting of the variance is not precluded.)
USE VARIANCE
A Use Variance is required in order for an Applicant to use land for a purpose not allowed in the Zoning regulations. The alternative would be to Re-zone the property. No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship.
 
A Four-Part Test Must be Applied When Deciding to Grant a Use Variance
  1. No reasonable return on investment
  2. Unique circumstances
  3. Not self-created
  4. No change in the character of the neighborhood

The applicant must pass EVERY test for a Use Variance.

** It is recommended that applicants discuss with their neighbors the proposed variance or Special Use Permit requested. The Town sends agendas of the public hearing to property owners within 200' of the subject property. 
 
** Applicants may submit letters from neighbors and others in favor of requested variances.
 
Any questions regarding Zoning Board Applications may be addressed to the Department of Planning and Zoning.
 
Kerry Ivers @ (585) 336-6022 / Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
or
Donna D. Martello @ (585) 336-6015 / Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
or
Michelle Nichols @ (585) 336-6017 / Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Application

Meeting Agenda

Minutes and Resolutions

Fee Schedule