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Zoning board grants Smiths setback variance for backyard utility barn
Summary
The Walworth Zoning Board approved an area variance allowing Shawn and Trudi Smith to build a 28-by-42-foot utility barn at 1820 Sherburne Road, finding the minimum relief appropriate despite the request’s substantial nature under Section 180.21B.
The Zoning Board of Appeals of the Town of Walworth on June 1 approved an area variance for Shawn and Trudi Smith to build a utility barn at 1820 Sherburne Road.
The variance, requested under Section 180.21B to reduce the required side setback because of an 8-foot roof overhang, was approved unanimously after the board read findings that balanced benefit to the applicants against neighborhood impacts. Chairperson Michael Kunzer read the board’s determination, noting the variance was substantial but that alternative solutions were limited by lot size and that the board found no negative effect on neighborhood character.
Applicant Shawn Smith told the board he plans a 28-foot by 42-foot utility barn in the backyard, will remove an existing 12-by-10-foot shed and that a nearby neighbor has expressed no objection. "I am going to be putting a barn up in the backyard," Smith said, explaining the roofline would run east–west and describing concerns about snow and the building’s siting. Smith also said he has not yet submitted a building permit and had previously worked with a builder and consultant on drawings.
Board members and town staff questioned measurements, lot coverage and clearance. Brett Malafeew, Code Enforcement Officer, advised that residential accessory buildings shall not cover more than 30% of the lot area; Malafeew and Chairperson Kunzer reviewed survey lines and told the board the applicant’s illustration understated available space to the west. Member Tiffany Paine-Cirrincione asked about roofed area and whether the new barn would exceed coverage limits; Malafeew and the applicant stated the lot remains within the 30% residential limit, particularly once the existing shed and pictured pool are removed.
After reading five findings of fact, the board moved to grant the variance. Christine Kubida moved and Charles (Chuck) Buss seconded the motion to grant the requested area variance. The roll call vote was Tiffany Paine-Cirrincione — Aye; Chairperson Michael Kunzer — Aye; Charles Buss — Aye; Christine Kubida — Aye. The motion carried 4–0. The approval is limited to the specific area and minimum relief necessary to accommodate the proposed development, consistent with Town Law.
The Smiths must still submit formal building-permit plans and satisfy any other requirements of the Building Department before construction may begin. The public hearing was opened and closed at the June 1 meeting with no public comments recorded.
