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 3 of 5

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

• Whether the benefit sought by the applicant can be achieved by some feasible method other
than a variance – Yes

• Whether the request is substantial – At 50%, no

• 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 5ft variance

As the vote on the motion was six (6) ayes and one (1) nay (Mr. Chapman), the motion carried.
GRANTED (with condition of 5ft)

Application #6168 Eileen Mahoney – Requesting one (1) area variance for a proposed deck at
5610 Sterling Rd (Zoned R-1)

Eileen Mahoney, homeowner, spoke on this variance. Kim Petrie, 5548 Sterling Rd, spoke as
well. Petrie stated that Mahoney is asking for a 10 by 10 deck porch in front of her front door.
The variance is needed because they need 35 ft. from the property line so they would be
encroaching about 10 ft. to place the deck.

Commissioner Chapman asked what was across the street. Petrie stated that it was another
house.

Chairman Dimpfl stated that he believes there are other homes on the street that have
structures closer than 35 ft. Petrie stated yes, there is one a few houses down.

Commissioner Falkiewicz asked if it was going to be covered and Petrie stated no.

The Board had no further questions.

Findings:

Mrs. Hahn made a motion, seconded by Mr. Kuebler, to approve Application # 6168.

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 it will not

• Whether the benefit sought by the applicant can be achieved by some feasible method other
than a variance – It is already small so she does not think they could go much smaller