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Depew Zoning Board grants variance for concrete pad in front of rental to address tenant safety
Summary
The Village of Depew Zoning Board of Appeals voted 5-0 on Sept. 25 to allow Mark Dudziac Sr. to install a 20-by-10-foot concrete pad and walkway directly in front of the principal dwelling at 4506 Bridal to improve tenant safety; the board considered New York States six area-variance criteria before the unanimous decision.
The Village of Depew Zoning Board of Appeals voted 5-0 on Sept. 25 to grant an area variance allowing Mark Dudziac Sr. to install a 20-by-10-foot concrete pad and walkway directly in front of the principal dwelling at 4506 Bridal.
The variance, requested by the property owner to "imply safety for our tenants at our rental property," was presented at a public hearing. The applicant told the board the driveway and street traffic make egress difficult, especially in winter when snowbanks are higher, and that tenants include children. The board reviewed the written responses to New York States six criteria for area variances before voting to approve the request.
Mark Dudziac Sr., the applicant, said the pad and walkway are intended to make the site safer for tenants. He also brought his son, Jason, to the hearing. A code enforcement officer confirmed the concrete pad would be "20 feet, lined up with the road" and clarified it would be "in front of the house, not along the driveway." The board recorded the applicants written answers to the six variance criteria: no change to neighborhood character (answered "no"); no feasible alternative without a variance ("no"); the request was marked "yes" as substantial by the applicant; no adverse environmental effect ("no"); the alleged difficulty was marked "no" for being self-created but the board noted that item would be considered; and the minimum relief was initially recorded as "approximately 215 square feet" in the application packet before the board said the correct measurement was 15 feet of relief.
Member Menard moved to grant the variance as proposed; the motion was seconded by Member Galavan. Roll call votes were recorded as follows: Member Overholt -- yes; Member Galavan -- yes; Member Menard -- yes; Member Yarborough -- yes; Acting Chairman Patrick Delaney -- yes. The motion passed, 5-0.
No additional conditions or appeals were discussed on the record; the board closed the hearing immediately after the vote. Acting Chairman Delaney wished the applicants luck with the project.
