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Batavia zoning board panel turns down variance request

Published: Friday, June 21, 2013 5:30 a.m. CST

BATAVIA – Batavia Zoning Board of Appeals commissioners on Wednesday unanimously denied a variance for a garage at 422 Washington Ave. in Batavia.

Jeff Nydegger, of Yorkville-based Kendall Partners Ltd. and owner of the property, had asked for the variance to allow the existing detached garage to remain in place.

The garage has a side yard setback of 0.43 feet instead of the required eight feet.

In addition, he asked for the existing stoop accessing the second floor of the garage to remain in place, having a rear yard setback of approximately 19 feet instead of the required 22 feet.

There is a dwelling unit in the garage. Staff investigated the matter and found that no approval was given for the garage dwelling unit, said Joel Strassman, the city’s planning and zoning officer.

He said the garage also was significantly expanded beyond the building permit for the garage that was issued in 1977.

The zoning board’s recommendation will go to the Batavia City Council’s Community Development Committee.

City staff also recommended the variances be denied.

Former 4th Ward Alderman Jim Volk, who lives in the neighborhood, spoke at the meeting against granting the proposed variances.

He voiced concerns about too many cars being parked at the house if the garage is allowed to be occupied for rental.

“I would like to see the property turned into what it should be,” Volk said.

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