PENDLETON: Variance denial spurs zoning code review

Communities

November 9, 2007

Staff Reports The Lockport Union-Sun %26 Journal Fri Nov 09, 2007, 01:53 AM EST

Town code enforcement officers have been directed to refrain from citing the Pesono property, 6449 Townline Road, for a code violation because it holds two accessory structures without a zoning variance.

Town board members unanimously approved the directive Wednesday after Sharon Pesono inquired whether they had made a decision about changing town code. Currently, the rules prohibit residential properties from having more than one accessory structure.

The board has not made a decision, Supervisor Jim Riester acknowledged.

The issue emerged in town this past June, when several property owners complained of the difficulties they are having getting clearances for second accessory structures; sometimes it seems it’s allowed, and other times it’s not.

The Pesonos wanted a variance to allow them to keep an existing shed in addition to the new pole barn they erected earlier this year on their nearly 4-acre plot. When they got permission to build the pole barn, they were informed that the shed would have to come down.

Instead, the Pesonos, who say they need the extra space, tried keeping both by pursuing the variance. The Zoning Board denied their request in September and now, technically, they’re violating town code.

Mrs. Pesono pointed out to the town board that in the same meeting in which her request was denied, the Zoning Board granted a second-accessory-structure variance to a Beach Ridge Road homeowner.

“It’s inconsistent,” she said.

The town board directed code enforcement officers to refrain from citing the Pesonos for 30 days, during which time it’s supposed to have that closer look at the accessory structure rules.

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