Text · page 5 of 11
• Whether the benefit sought by the applicant can be achieved by some feasible method other than a variance – No • Whether the request is substantial – It is not • 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 – That can go either way but the balancing test still favors granting the area variance. All members voted in favor of the motion. GRANTED Application # 6152 Ira Butler – Requesting three (3) area variance for domestic fowl, location of coop, and size of lot per R1 criteria at 3678 Sixth St (Zoned R-3) Ira and Jess Butler spoke on this variance. Ira Butler stated that he did not know about the lot size criteria square footage. He got his bird four years ago and they have been with him since then. He was not aware that there was a rule against having pigeons. He is a member of the Buffalo Fancy Pigeon Club. None of his pigeons are racers and they do not free fly because of the hawks and Ford Plant nearby. His birds are fancy birds. They are more show birds. These pigeons have been in the Erie County Fair for the last four years. Last August he started to build a new loft. He did this because there was limited access for a wheelchair to get through when he had visitors over to see the birds. There was no access for any animals to get in. Chairman Dimpfl asked how many pigeons are on the property right now. Butler stated that there are 32. Chairman Dimpfl asked if he knew this was a violation. Butler stated that now he does. Travis, one of the Building Inspectors, came to the house in April 2026. The first complaint for the pigeons was in November 2025. Butler came into the office in November 2025 and worked with Travis to get a shed permit for a shed and a loft. Then Travis came back in April 2026 because there was another complaint about bird feces in the yard. He remembers that was on a Monday the same day as the town board meeting. The next day Travis called him and let him know that his neighbors complained at that meeting about the birds. He said the birds have been here for four years and there has never been an issue until November 2025. He was not aware of needed a permit for a shed when he bought the house in 2021. He went to town hall and asked if he needed a permit to tear down his back porch. He was told no because there is no electrical. At that time he asked about the shed/loft he built out of pallet wood. This structure was there until August when he broke it down and started to build a new one, not knowing that there were rules about how far it could be from the property lines. When he was aware of this he spoke with Travis again to work on getting it fixed. He pulled it away from the fence and turned it so it was in compliance. Travis found no feces or issues. Chairman Dimpfl and Commissioner Falkiewicz asked him if he was aware that the shed and coop are two separate structures. Butler said yes Travis clarified that in April 2026 and it was his misunderstanding.