Zoning board allows 120-square-foot variance for Erie homeowner’s new garage

The City of Erie Zoning Hearing Board on June 9 voted to grant a 120-square-foot dimensional variance so homeowner Amy Grayson may keep an 840-square-foot detached garage at 2931 Gloth Avenue, allowing the accessory structure to exceed the 720-square-foot limit in the R1 zoning district.

Attorney Tony Logue, representing Grayson, told the board the applicant has already invested in the project and presented letters documenting a medical need related to the applicant’s adult son. Logue said the new structure, which he characterized as providing a workout area that will help keep the son at home, meets the city’s variance standards and cited city code sections and case law in support of the request. "She has probably spent over $45,000 already for this project," Logue said, pressing that the combination of expense and the cited disability documentation justified relief.

The board admitted photographic and site-plan exhibits introduced by Brittany Zillman of Zillman Design, who testified she was hired after the garage was constructed and would prepare as-built drawings required for permits. "I have not [designed it from the start]. No, I was hired after the building was constructed," Zillman said when asked whether she drew the initial plans. Zillman described exhibits showing the previous dilapidated garage, the recently erected pole-constructed building, and views from neighboring properties.

Board members asked whether the building complied with the 15-foot height limit (Zillman said it does) and whether other dimensional requirements and lot-coverage rules were satisfied (staff reported the lot coverage remained under the 35 percent maximum). The board also asked about permits; testimony indicated the structure was built two to three months earlier and a plumbing permit had been pulled and inspected, but other building permits were not obtained before construction.

After closing arguments and discussion of the legal standard for dimensional variances, the board moved and voted to approve the variance limited to 120 square feet over the 720-square-foot maximum, with a motion made by Ed Dawson and seconded by Tom Sebold. The votes were recorded as: Mr. Sebold — approved; Mr. Dawson — approved; Ms. King — approved. The board emphasized that the applicant must pursue the appropriate permits with the city moving forward.

The decision resolves appeal 13338 in favor of Grayson. The board then proceeded to other matters on its agenda.