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Zoning board denies garage-door setback at 302 Cherry Street
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Summary
The Erie Zoning Hearing Board denied a request to allow two garage doors with a 12-foot setback on a remodel of 302 Cherry Street, saying the applicant did not demonstrate the legal hardship required for a variance under the city ordinance.
The Erie Zoning Hearing Board denied a dimensional-variance request for 302 Cherry Street, rejecting a proposal to install two 10-by-10 garage doors with a 12-foot setback where the city code requires 20 feet.
Taylor Hoover, speaking for property owner Timothy Hoover, told the board the building’s front had already been opened and that the owners planned to convert the structure into two apartments while using the front space for storage and material access. “We want to put two garage doors 10 by 10 on the front of the building,” Hoover said, adding the doors would be used to load construction materials and not to park cars.
The board and its solicitor reviewed variance criteria in section 205.14 of the city ordinance, asking whether the applicant had shown a unique physical hardship that would prevent development in strict conformity with the code. The chair told Hoover that ease of access alone does not necessarily meet the legal standard. After a brief executive session, the board returned and recorded the vote: Mister Seibald — no; Mister Johnson — yes; Miss King — no; Miss Gungeon — no. The variance for the 12-foot setback was denied.
The denial means the applicant must either redesign the project to comply with the 20-foot setback, seek other procedural relief, or pursue further review as permitted by law. The board moved on to the next appeal following the decision.
