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Depew Zoning Board OKs 3‑foot driveway setback variance for 17 Jane Lane
Summary
The Village of Depew Zoning Board of Appeals voted 5-0 June 26 to grant a variance allowing a concrete driveway to extend to the property line at 17 Jane Lane, after the applicant said an adjacent neighbor provided written consent and staff raised no objections.
The Village of Depew Zoning Board of Appeals on June 26 granted a variance permitting a concrete driveway to be constructed to the property line at 17 Jane Lane, allowing three feet of relief from the village's required setback.
The action matters because it changes how the property owner may use the lot and sets the local permit outcome for a homeowner request that neighbors did not formally oppose.
Applicant Adam Scholtes told the board he and his fiance9e live at 17 Jane Lane and seek a variance to extend their driveway to the property line, asking for the full three feet of relief from the setback prescribed in the village zoning code. During the public hearing, board members reviewed the New York State area-variance criteria the applicant submitted with his packet.
Board member Bridal noted the closest neighboring property had submitted a written statement saying the neighbor did not object. Code enforcement staff reported no concerns, and legal counsel advised the request appeared straightforward and referenced the neighbors' sign statement in the file. The board read the six statutory factors used for area variances under New York law and confirmed the applicant's answers in the packet that the proposal would not be detrimental to nearby properties and that the difficulty was not substantial.
Member Yerbro moved to grant the variance; the motion received a second and a roll-call vote resulted in five votes in favor and none opposed. Acting Chairman Patrick Delaney, Member Michael Gallivan, Member Paul Spada, Member Ken Menard and Member Jan Yarbrough voted yes; the board recorded the motion as passing 5-0.
No conditions or follow-up tasks were placed on the approval during the hearing. After the vote, the board closed the hearing and the applicant left the meeting.
The hearing notice in the packet identified the municipal hearing location as the council chambers of the Municipal Building, 85 Manito Street, Depew, and listed a pre-board meeting at 6:30 p.m. the same evening. The variance was granted for the property addressed as 17 Jane Lane, Depew, NY 14043, under the village zoning provisions cited in the application.
