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Depew board approves variance allowing five hens at 133 Darwin Drive
Summary
The Zoning Board of Appeals approved a special use variance permitting five hens at 133 Darwin Drive after the applicant described coop placement, sanitation and storage; several neighbors objected citing odor and pests.
The Zoning Board of Appeals of the Village of Depew approved a variance allowing five hens at 133 Darwin Drive, voting in favor at the public hearing after reviewing the applicant’s site details and public comment.
Applicant Nicholas (surname in file) told the board his coop and run are located behind the garage, about 16½–17 feet from the property line, and that feed is stored in an airtight metal container in the garage. The applicant said he keeps five hens for personal egg use and that waste is bagged and placed in weekly garbage pickup. “It's a coop. We have a run ... 17 feet from the property line. All the food is stored in an airtight metal container in the garage, cleaned out once a day,” the applicant said.
Board members said the village would still expect on-site inspections and compliance with conditions; code staff said they would inspect the coop and could rescind permission if complaints arise. “We still obviously have to come out and inspect it and make sure you meet the requirements,” the code enforcement officer told the applicant.
Several neighbors spoke both for and against the application. Scott Keller, who lives next door at 139 Darwin Drive, asked the board to uphold strict residential zoning, expressing concerns about odor, rats and long-term precedent if exemptions are made. “Once rats become established, they're extremely difficult to eliminate and quickly become a problem for the entire neighborhood,” Keller said. Other neighbors spoke in support, saying the chickens are well kept, are educational for children and provide fresh eggs.
The board read the applicant’s nondomesticated-animal application aloud for the record. The applicant stated the coop is 4 by 8 feet, located 17 feet from the property line, that animals are confined within fencing, and that waste will not be composted on site but kept in sealed metal containers for weekly removal. The record also shows the applicant answered that the coop is screened from public view and that he does not plan to sell any byproducts.
Member Sprata moved to grant the permit; Member Menard seconded. The board recorded a roll-call vote in favor; the chair announced the variances were approved.
Board staff noted procedural issues raised during public comment about whether neighbors received the applicant’s required notices; one neighbor said he received only a village letter six days before the hearing and asked to see proof of the applicant’s notices to property owners within 100 feet. The chair acknowledged the concern and said the board would note it in the record. The approval was conditioned on compliance with code inspections and the village’s nondomesticated animal requirements.
