Zoning Board of Appeals

Meetings

• 7 pm
• Irondequoit Town Hall
  1280 Titus Avenue
  Rochester, NY 14617

Agendas & Minutes

Agendas are available prior to the meetings. Minutes are available following approval.

View Most Recent Agendas | View Most Recent Minutes

Members

• James Hinman, Chair (Term Expiration: December 31, 2024)
  Term Expiration: December 31, 2026
• Joseph Intini, Member
  Term Expiration: December 31, 2028
• Lou Englert, Member
  Term Expiration: December 31, 2029
• Ryan Trevas, Member
  Term Expiration: December 31, 2024
• Bradley Upson, Member
  Term Expiration: December 31, 2023
• Cecil A. Johnson, Member
  Term Expiration: December 31, 2025
• Vacancy, Member
  Term Expiration:
• Vacancy, Alternate Member (3-year Term)
  Term Expiration: 
• Nixon Peabody LLP, Planning and Zoning Attorney
  Term Expiration: No Term
• Town Liaison
  Term Expiration: No Term
• Michelle Nichols, Secretary
  Term Expiration: No Term

Overview

The Zoning Board of Appeals hears and decides appeals of code enforcement and building permit decisions, interprets the Town zoning code, and grants zoning variances and temporary and special use permits as appropriate and authorized by the Town code.

The Planning and Zoning Boards are seeking new members and alternates! 

ZBA Contact Information

Phone: 585-336-6017
Email Zoning Board of Appeals

2023 Meeting Dates

Closing dates for the filling of applications for each meeting are shown in the table below.

Submission Requirements for Applications

Zoning Board Application and Submission Requirements (PDF)

1. 1 copy - Completed Application Form and Short Environmental Form
2. 1 copy - Proof of the following: Ownership, accepted Purchase Offer, Lease, or Written Consent from the property owner is required to make an application.
3. 12 Complete Sets of Plans to Include:
4. Letter of Intent
5. Instrument Survey Map Showing:
   • Lot dimensions and area
   • Building lot coverage existing and proposed.
   • All existing and proposed structures, fences, pavement, etc., and their dimensions.
   • Existing and proposed setbacks.
   • Existing natural features: Trees, Streams, Steep Slopes, Wetlands, and Flood Plains.
6. Floor Plans, Cross Sections, Sign Sketch, Site Plan, and Elevations (where applicable)
7. A sign (provided by the town) informing the area residents of the public hearing must be posted on the property at least ten days prior to the scheduled hearing. (Signs shall be returned to the Town at the Public Hearing).

The Letter of Intent

The letter of intent addressed to the Zoning Board of Appeals shall include the following:

1. The date of application, address of the property, and signature of the applicant or agent.
2. A description of the proposed project or use. Applications for construction should include the dimensions, height, area, materials of construction, and purpose of any proposed project.
3. Each Area Variance requested must be clearly stated, i.e. the proposed rear setback will be 27 inches as opposed to the 30 inches minimum required.
4. The Area or Use Variance factors below should be included in the Letter of Intent.

Area Variance

The Area Variance Test is a balancing of interests. Balance the benefit to the Applicant if the Area Variance is granted versus the burden to the Health, Safety, and General Welfare of the community and its residents. Five Factors Must be Considered When Deciding to Grant an Area Variance:

1. Possible change to neighborhood character. Will the granting of the variance result in an undesirable change to the character of the neighborhood or will it be detrimental to nearby properties?
2. Are there alternative solutions that would not require a variance? An applicant should present his/her reasons for choosing one alternative over another, i.e. better view, better internal pattern, cheaper construction, better overall aesthetics.
3. Consider whether the requested area variance is substantial, i.e. amount of variance requested, and the magnitude of variance requested.
4. Consider whether the area variance will have an adverse effect on physical or environmental conditions in the neighborhood or district, i.e. block a view, cause a drainage problem, impact a wetland, or cause a parking shortage.
5. Is the situation self-created? (Because it is self-created, the granting of the variance is not precluded.)

Use Variance

A Use Variance is required in order for an Applicant to use the land for a purpose not allowed in the Zoning regulations. The alternative would be to Re-zone the property. No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. A Four-Part Test Must be Applied When Deciding to Grant a Use Variance:

1. No reasonable return on investment
2. Unique circumstances
3. Not self-created
4. No change in the character of the neighborhood

The applicant must pass every test for a Use Variance.

Please note: It is recommended that applicants discuss with their neighbors the proposed variance or Special Use Permit requested. The Town sends agendas of the public hearing to property owners within 200' of the subject property.

Please note: Applicants may submit letters from neighbors and others in favor of requested variances.

Any questions regarding Zoning Board Applications may be addressed to the Department of Planning and Zoning.

Michelle Nichols
Phone: 585-336-6017
Email Michelle Nichols