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ZBA approves variance for accessory dwelling unit at 6 May Street
Summary
The Rochester Zoning Board of Adjustment approved a variance allowing an accessory dwelling unit of 924 sq ft at 6 May Street, exceeding the 800 sq ft ADU limit; the vote was 5-0.
The Rochester Zoning Board of Adjustment on an unspecified date approved a variance (case Z25-10) allowing an accessory dwelling unit (ADU) of 924 square feet at 6 May Street, where the ordinance limits ADUs to 800 square feet.
The applicant, Jean McKay, represented at the hearing by her son Nash McKay, said the living space above the garage was framed and partly built when she bought the house seven years ago and remains unfinished. Nash McKay said the space measures 924 square feet and has been unused for seven years; the family wants it finished so McKay can move into the ADU and the main house will be occupied by her son.
City planning staff told the board that the property is in an R2 zoning district where both ADUs and two-family units are allowed, but that the proposed ADU exceeded the ADU size limit by about 100 square feet. Staff said the lot is about 8,200 square feet and therefore also short of the 9,000-square-foot minimum that would be needed to qualify the structure as a two-family dwelling.
Board members discussed the application against the five variance criteria in the ordinance. The board found that (1) the ADU would not change the character of the district, which already contains single- and multi-family uses; (2) the spirit of the ordinance — including encouraging infill housing — would be observed; (3) substantial justice would be done because the alteration would not harm the community; (4) surrounding property values would not be diminished; and (5) the board agreed the property is somewhat unique in lot depth and existing paved parking, creating a practical difficulty with reducing the ADU to 800 square feet.
A motion to approve case Z25-10 as presented passed unanimously. Voting by name: Matthew Winters — yes; Randy LaValley — yes; Susan Pastor — yes; Lance Powers — yes; Larry Spector — yes.
The board did not record any conditions beyond those that apply to ADUs in the zoning rules, and no appeal or rehearing request was recorded during the meeting.
The applicant and the board discussed fireproofing the garage ceiling and walls as part of finishing the unit; the applicant said the work would include fireproof sheetrock and tape. The applicant also told the board she is 73 and noted future mobility concerns as part of the justification for the second-floor bathroom.
No external agency approvals or funding were cited for this variance.
The board moved on after the vote to the next agenda item.
