Southtowns Record

Board of Zoning Appeals Meeting, Oct 6, 2026 — Minutes

Government
Town of Hamburg
Board
Zoning Board of Appeals
Meeting
Oct 6, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage

Original document

Same meeting

Text · page 4 of 7

• Whether the alleged difficulty was self-created – Yes, but the balancing test favors granting
the variance

All members voted in favor of the motion. GRANTED

Application # 6174 Mark Omilian – Requesting one (1) area variance for a proposed carport at

5730 Walden Dr. (Zoned R1)

Mark Omilian, homeowner, spoke on this variance. He has a garage set 10 ft. back from the
house, which is a small ranch. In the winter time they get a drift along the side of the house, up
to the garage, and then across the whole front of the garage. Even with light snow they still get
the drift. His wife needs to be to work by 5:45am. He also has to be to work early, sometimes
by 5am. During heavy snow he has to get up by 3am to snow blow, and this also disturbs his
neighbors. The carport they are requesting would be 20ft out from the garage. It would be
attached to the garage, not the house. To account for the snow and ice, there will be a gutter
system. They will follow all NYS codes pertaining to the carport. This is to aid them getting out
of their house and driveway safely in the winter time.

Chairman Dimpfl asked Code Enforcement Officer Jeff Skrzypek if the blue prints for this carport
would need to be approved by building inspection. Skrzypek said yes.

Commissioner Adrian asked if he had the detached garage constructed. Omilian said it was
there when they purchased the home. Commissioner Adrian asked if there was a foundation
under it. Omilian did not know. Commissioner Adrian stated that for the garage to support the
carport there would need to have a foundation under it. Omilian knows that the previous
owner used to work out of the garage so there is drywall, insulation, and electric. Commissioner
Adrian said he would need to determine if there is a foundation to get approval from the
Building Department by digging down 2-3 ft. to see if there is concreate.

The Board had no further questions.

Findings:

Chairman Dimpfl asked Code Enforcement Officer Skrzypek if this should be tabled until they
figure out if there is a foundation under the garage. Skrzypek stated no they do not have to
table this. There will be a way for him to build a safe carport if there is a foundation or if there
is not.

Mrs. Hahn made a motion, seconded by Mr. Adrian, to approve Application # 6174.

Mrs. Hahn reviewed the area variance criteria as follows:

• Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties – No