The City of Canandaigua Zoning Board of Appeals voted 6-1 on Nov. 19 to deny a variance request from Robert Marvin, owner of 228 North Main Street, who sought to allow a patio to extend directly to the side yard property line, in violation of the city’s required three-foot setback.
Board members deliberated for over an hour, ultimately concluding that the request failed several elements of the state-mandated five-part test for variances. The variance was sought after construction of the patio had already been completed.
Public hearing and neighborhood objections
During the public hearing, Donna Bennett, who resides at 222 North Main Street, objected to the variance, citing drainage issues, the removal of mature trees, and loss of privacy and neighborhood character. She stated, “While property improvements are generally positive, they must not come at the expense of neighboring properties or the integrity of our zoning regulations.”
Bennett also raised concerns about noncompliance with an earlier approved site plan, which she said had shown more than the minimum setback, including green space and trees. She noted the patio had been built in defiance of a stop work order…