Southtowns Record

Board of Zoning Appeals Meeting, Sep 1, 2026 — Minutes

Government
Town of Hamburg
Board
Zoning Board of Appeals
Meeting
Sep 1, 2026
Kind
Minutes
Topics
Zoning and land use

Original document

Same meeting

Text · page 2 of 5

• Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district – No

• 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 #6167 Eduardo Gonzalez – Requesting one (1) area variance for a proposed pool
at 3540 Howard Rd (Zoned R-2)

Eduardo Gonzalez, homeowner, spoke on this variance. He and his wife just moved to Hamburg
in May. They would love to have a pool for their family in the summer. The yard is on the
smaller side. He was hoping to place the pool 3ft from the property line instead of 10ft. He
spoke with the side neighbor that this would affect and he did not have any problems with this.
Gonzalez brought a signed letter of approval from this neighbor and gave it to the Board. He
wants to place the pool here so his children still have space to play, practice their sports, etc.

Commissioner Falkiewicz asked if he would be willing to place the pool 5 ft. from the property
line instead of 3ft so it is half of the code rather than a full 7ft. She is concerned that there is
not enough space and water will go into the neighbor’s yard. Gonzalez said he is not sure if they
are doing above ground or in ground. When he spoke with some companies he was told that
there would be 3ft of concreate around the pool. Falkiewicz pointed out that this would then go
right up to the property line and there should be more space there. The 7ft variance is
substantial and he has other feasible methods besides the variance to put a pool in his yard.
Gonzalez asked if he went above ground would this change her concern. Falkiewicz stated no, it
would still be the same concern—it would still be a substantial 70% request, it is self-created,
and he would still be able to place the pool in the middle of the yard without a variance.

Commissioner Kuebler stated that coming over 2 more feet would potentially allow him to pass
the balancing test for the variance. Gonzalez said that he is willing to compromise he is just
trying to maximize the space in his yard. He said again that his neighbor was fine with this.
Commissioner Falkiewicz understands but he also might not live there forever so they need to
think down the road as well. Once this is granted it sticks with the property forever.

Commissioner Chapman said he went by to look at this today and he does not have a problem
with it. The land is level and there is a lot of space between anything in the neighbor’s yard.

The Board had no further questions.

Findings:

Ms. Falkiewicz made a motion to approve Application # 6167 as a 5 ft. variance instead of a 3 ft.
variance.

Ms. Falkiewicz reviewed the area variance criteria as follows: