Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Area Variance Second Unit topic
No spam. Unsubscribe anytime.
Canandaigua ZBA approves variance to legalize apartment over garage at 79 Gibson Street
Summary
By a 5–0 vote, the Zoning Board granted an area variance to allow an existing apartment over a detached garage at 79 Gibson Street, finding the unit predated the current owners and relocation into the main house was not feasible.
The Canandaigua Zoning Board of Appeals unanimously approved an area variance on May 20 to legalize a second dwelling unit over a detached garage at 79 Gibson Street.
Attorney Daryn Loy, representing co-owners Leigh Cushing and Amanda Nudelman, told the board the buyers purchased the property last fall under the belief the apartment over the carriage house was legally rentable; the applicants are now seeking to regularize that use. Loy said that converting the unit into the primary dwelling would require relocating the apartment into the house, which is not feasible.
Neighbors Nancy Yacci (85 Gibson Street) and Regina Cushing (104 Gibson Street) spoke in favor of the application, saying rentals are common on the street and that prior rentals in the space did not cause problems. Richard E. Brown, the zoning officer, reported a written comment of support from Michael Yacci.
Board members applied the five‑part variance test and found no substantial adverse impacts. Tiffany Tomzak noted the apartment already exists and has been previously rented; Thomas Falbo and other members concluded the hardship was not self‑created. Mr. Falbo moved to approve the application and Ms. Tomzak seconded; the board approved the variance by roll call vote, 5–0.
The board cited § 850-11.A of the zoning code (which restricts conversion of accessory structures to residential use) in framing the request, and recorded findings that the variance would not alter neighborhood character, that no feasible alternative exists, and that prior rental history supported the claim the variance was not substantial.
The board did not record additional conditions beyond the standard findings. The applicants will proceed with required permitting to bring the unit into code compliance.
