Southtowns Record

Zoning Board of Appeals minutes — May 19, 2026

Government
Town of Orchard Park
Board
Zoning Board of Appeals
Meeting
May 19, 2026
Posted by publisher
Jun 23, 2026
Kind
Minutes
Topics
Zoning and land use, Public safety

Original document

Text · page 3 of 5

ZBA Mtg. #04  Regular Mtg. #04  May 19, 2026  Page 3

  2. Strict application of the regulations will deprive the applicant of a reasonable return on the property, and
  the lack of return is substantial as demonstrated by competent financial evidence.
  3. The hardship is unique and does not apply to a substantial portion of the district or neighborhood.
  4. The variance will not alter the essential character of the neighborhood.
  5. The alleged hardship was self-created, however that does not preclude the granting of the variance.
  THE VOTE ON THE MOTION BEING:
  METZ  AYE
  BOWERS  AYE
  MATEER  AYE
  RODO  AYE
  WILLIAMS  AYE
  The MOTION was UNANIMOUSLY APPROVED.
2. ZBA File# 10-26, Devan Farrell, 4817 Bussendorfer Road, Zoned R-2, (Part of Farm Lot 38, Township 9, Range
  7, SBL # 172.03-1-3.11). Requests an Area Variance to construct a detached garage within the front yard. No
  accessory structure shall be located within the front yard. §144-24 A (1)(b).
  APPEARANCE:  Ms. Devan Farrell, Applicant
  Mr. Cory Farrell, Applicant
  Mr. Farrell explained that the majority of the property is in front of the home. The home is situated over 150
  feet off the road. Placing the garage in the backyard would result in looking at a big garage directly out of
  the kitchen window, he would need to cut down many oak trees in the backyard, and the cost to run the
  concrete to the garage would be $58,000. If placed in front of the house, the garage would still be 100 feet
  back from the road.
  Ms. Rodo established that the Applicant has spoken to two (2) of his neighbors, who supported the project.
  Ms. Bowers confirmed that it would be a two (2) car garage, it would be used to house one vehicle and
  personal property, and it would be located 11-12 feet from the eave of the house.
  Mr. Williams confirmed that the proposed structure would be 16 feet from the property line.
  Mr. Szalkowski complimented the project.
  Mr. Mateer stated that it was a smart design for storage space but was large. There are houses on the street
  that are closer to the road than the proposed garage would be.
  Ms. Rodo inquired if the Applicant had considered adding onto the house, and Mr. Farrell stated that he had,
  but that it would not work well.
  Mr. Williams confirmed there would be no other utilities except for electricity in the proposed garage.
  Mr. Metz established that the color of the garage would be white, in matching with the home.
  The Chair then asked if there was anyone in the audience who would wish to speak in favor of the granting
  of the Variance.
  (Twice) NO RESPONSE
  The Chair then asked if there was anyone in the audience who would wish to speak against the granting of
  the setback Variance.
  (Twice) NO RESPONSE
  The Chair closed the Public Hearing.
  The Chair then asked if the Secretary had received any additional communication either for, or against,
  granting the Variance. The Secretary stated no additional communications had been received.
  The Board discussed the project further. Ms. Rodo and Mr. Williams had issues with it, while the other Board
  members understood it, found it to reasonable, and supported it.