Southtowns Record

zbm 9.23.26

Government
Town of West Seneca
Board
Zoning Board of Appeals
Meeting
Sep 23, 2026, 6:00 p.m.
Posted by publisher
Oct 5, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage

Original document

Text · page 2 of 4

OLD BUSINESS
There was no old business to discuss.

NEW BUSINESS
Agenda Item 2026-038: 91 Circle N Drive

The applicant's representative, contractor Pearson Wing, requested a height variance for a new
detached garage. The original garage was dilapidated and non-compliant, located one foot from
the property line. The new garage is being built 10 feet from the house and three feet from the
property line to meet code. However, a significant dip in the property's grade causes the rear of
the new garage to exceed the height limit. Signatures of support were provided from all adjacent
neighbors, and Erie County had no objections.

AREA Variance Balancing Test

  1. Will an undesirable change be produced in the character of the neighborhood or a
  detriment to nearby properties? No. Replacing a dilapidated structure with a new,
  mostly compliant one is an improvement. The applicant provided letters of support from
  neighbors.
  2. Can the benefit sought by the applicant be achieved by some method, feasible for
  the applicant to pursue, other than an area variance? No. The applicant explored
  other placements, but they would either create drainage issues for neighbors or be unsafe
  due to the steep grade. This location is the best option.
  3. Is the requested area variance substantial? No. The request is modest, with only the
  rear portion of the garage exceeding the height limit by approximately two feet.
  4. Will the proposed variance have an adverse effect or impact on the physical or
  environmental conditions in the neighborhood or district? No. Any potential drainage
  or environmental issues will be addressed during the standard inspection process. The
  slight height increase is not expected to affect neighbor sight lines.
  5. Was the alleged difficulty self-created? Partially. While the applicant chose to build the
  garage, the difficulty is primarily caused by the property's natural topography, which is
  not the applicant's fault. The contractor acted in good faith by stopping work when the
  issue was discovered.

  •  Motioned by: Greenan
  •  Seconded by: Tronolone for approval.
  •  Vote: Ayes: 4, Noes: 0. The motion carried.