ZBA OKs request for pool, patio; tables request for repair shop


ROME — An area variance for an in-ground pool and patio on Walnut Street was approved, while a variance request for a minor vehicle repair shop on Brown Road was tabled at Wednesday’s city Zoning Board of Appeals meeting.

Benjamin Pokines, of 114 Walnut St., sought to install an in-ground swimming pool within the corner side yard, which would result in the placement of the concrete patio a distance of 2 feet from the corner side property line. According to city code, permitted encroachments into required setbacks should be a minimum of 10 feet for the patio from the front or corner side lot line.

The placement of the pool fence will be in the required setback and will be 48 inches tall in conformance with the state Uniform Code requirements for a swimming pool barrier enclosure.

Zoning Board Chairman John Sorbello explained a variance was needed because according to city code, no accessory structure may be placed in the front yard of the property. Because of existing bushes and shrubs, Pokines said there would be an obstructed view on that side of the property.

Sorbello stated for the record that neighbor William J. Thomas submitted a letter to the board, requesting that the area variance for the pool and patio area not be granted. Thomas stated in the letter that required “setbacks provide order to the neighborhood and protect other properties.”

For a vote on Area Variance A, permitted encroachment, the tally was 4-1 in favor with board member Raymond Tucker voting against the variance request.

As for Variance B — corner lot 42-inch maximum fence height within the required setback — it was unanimously approved.

Motor Vehicle Repair Shop

Evolve Construction Inc., owner of 5302 Brown Road, is seeking to establish a state licensed Motor Vehicle Repair Shop within a portion of the existing 10,000 square-foot building. The repair shop would comprise about 5,000 square-feet of the building.

A use variance is needed because an auto shop is not a permitted use in an agricultural district. The building is currently being used for storage with a small office for another tenant. No towing or recovery services would be part of the auto shop.

James Simons explained he would use that portion of the building for minor repairs on heavy trucks including tractor trailers, and there would be no storage outside the building.

Because landlord Tim Brzuszkiewicz was unable to attend the meeting and Simons was unable to provide supporting documentation or prove there could be no other use for that portion of the building, board member Joseph Pasqualetti requested to table the use variance request, which was unanimously approved.


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