Southtowns Record

Board of Zoning Appeals Meeting, Mar 3, 2026 — Minutes

Government
Town of Hamburg
Board
Zoning Board of Appeals
Meeting
Mar 3, 2026
Kind
Minutes
Topics
Zoning and land use

Original document

Same meeting

Text · page 3 of 6

On the question:

Ms. Falkiewicz 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

• Whether the benefit sought by the applicant can be achieved by some feasible method other
than a variance - No

• Whether the request is substantial – She believes the 24 sq. ft. is substantial

• 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 area variance

All members voted in favor of the motion. GRANTED

Application # 6142 Kimtron Inc. – Requesting one (1) area variance and one (1) use variance
for a proposed real estate sign at 2901 Cloverbank Road (Zoned PUD)

Stephanie Potter with Ryan Homes appeared to speak on these variances. She stated this is
very similar to the variance being requested for application #6141. They are requesting another
4 by 8 sign on the corner of Cloverbank. They already came to an agreement with the property
owner there to put up the sign temporarily until they have sold the community. Again, this
community is tucked away and this sign will allow people driving by to notice the new
townhomes.

Commissioner Falkiewicz asked if Potter had documentation to support the use variance, for
example, documentation of financial loss if the board does not grant the variance. This
documentation would need to come from an accountant and it would need to show substantial
loss. Commissioner Falkiewicz also asked Potter how this hardship is unique to the property.
Potter stated this is unique because a typical development can be seen from the street, but this
one is part of the Briercliff Community that has already been developed. It will be much further
in and cannot be seen from the road—they would need to enter the community to find it.
Commissioner Falkiewicz asked if they would be doing other forms of advertising via their
website. Potter said yes, but the sign would be important so people know how to get to the
community. GPS directions will not lead them to the right place.

Chairman Dimpfl stated that even with the information presented, this use variance application
needs to be tabled.

The Board had no further questions.