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Board of Zoning Appeals approves 42% lot‑coverage variance for Comstock Ave home

Syracuse City Board of Zoning Appeals · May 15, 2026
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Summary

The Syracuse City Board of Zoning Appeals granted area variance V2612 to allow construction of a single‑family house with 42% lot coverage at 1238 Comstock Ave (rear), finding no anticipated stormwater impacts and attaching conditions including BZA approval for any footprint increase.

The Syracuse City Board of Zoning Appeals on May 14 approved area variance V2612 to allow a single‑family dwelling with 42% structural lot coverage at 1238 Comstock Ave (rear).

At a public hearing, applicant representative Lowell Nemitz, who identified himself as owner of the lot, said the proposed house is needed to provide first‑floor living space for his client and that lot size and neighborhood lot patterns necessitate the 42% coverage. "The style and design of the proposed house is very similar to what already exists there," Nemitz said, adding that he had discussed the proposal with the homeowners association and immediate neighbors.

Two nearby residents spoke in favor. Fred Zolna, who said he and his wife are potential buyers of the lot, described the need for a first‑floor master bedroom and two‑car garage and said neighbors had not objected. David Michael, another resident, noted the subdivision’s history — originally planned for 33 houses and discussed in the hearing as now totaling 29 — and said substantial open space in the development is held by the homeowners association.

City staff introduced the application and described the standards the board uses for area variances. The zoning administrator told the board the request is "substantial," noting it is 12 percentage points over the zoning maximum and that while the zoning office can administratively apply a 5% allowance, the project remains 7 points above that buffer. Staff also confirmed a stormwater SWIP exists for the subdivision and said city engineering will review construction‑level stormwater controls; staff did not expect the project to create adverse stormwater impacts.

During deliberations the board reviewed the five area‑variance factors — neighborhood character, feasibility of alternatives, substantiality, adverse effects, and self‑created difficulty — and several members concluded the application was, on balance, approvable. A motion to approve V2612 with staff‑recommended general conditions plus two specific conditions carried. One of the specific conditions requires that any increase to the approved building footprint beyond the plans presented must return to the Board of Zoning Appeals for approval.

The application record lists Goodfellow Holdings as the owner/applicant on the filing; the public hearing record shows Lowell Nemitz representing the project and named residents supporting the request. The board closed the public hearing and adjourned at 1:15 p.m.