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Zoning Board of Appeals Village of Orchard Park June 24, 2026 ZBA Application Jessica Kruszka 6733 E Quaker St. Orchard Park, NY 14127 SBL #162.17-6-4 Applicant is requesting a Variance to Municipal Code Section 225.11(C)(1)(A) Lot, Height, Yard and maximum coverage requirements. Applicant is requesting a Variance to erect a 6 ft. high fence in the side and exterior side yards. Code allows 4 ft. in the side yard and 0 ft. in exterior side yard. APPEARANCE: Jay Herlan, Jessica Kruszka The Applicant clarified that they were requesting a variance per their application, i.e. a 6 foot solid white vinyl fence. DISCUSSION: The Applicant stressed the importance of privacy for her family and used their circular driveway as an example of the consistency of strangers using it as a drive through. They purchased their house in 2018 and have made a significant upgrade to aesthetics. Mr. Herlan is in real estate and understands the importance of aesthetics. They love the character of their “old charm” house. The Applicant later clarified that the 6 foot white vinyl fence would be 5 feet of solid white vinyl with a 1foot white lattice topper. After the petitioners presented their case the Board members questioned the petitioner. Scott Hartung asked about other alternatives. The Board members had several questions about the desire for such a tall fence. After much discussion, the applicant was given the option of tabling the request until the next meeting so that they could present the Board with different fence options. The Applicant decided not to table the request but to proceed. The Chairman asked three times if there was anyone in the audience who would like to speak in favor of granting the variance. See attached list. The Chairman asked three times if there was anyone in the audience who would like to speak against granting the Variance. There were none. The Chairman then asked if the Secretary had received any communications either for, or against granting the Variance. The Planning Board gave a conditional approval of a positive referral to a modified application. I have received letters of support from the following: 2