The City of Canandaigua Zoning Board of Appeals unanimously approved an area variance on Wednesday allowing a property owner to construct an in-ground swimming pool closer to an existing garage than city code typically permits.
Robert Marvin, owner of 228 North Main Street, sought a variance to install a 12-by-25-foot pool eight feet from his garage, two feet shy of the 10-foot minimum distance required by §850-55 of the city’s zoning ordinance. The board approved the request following a public hearing and review of the five-part test for area variances.
Marvin, who participated in the meeting virtually, explained that the pool would be enclosed by a six-foot privacy fence, already approved by the Planning Commission. He noted that maintaining the required 10-foot setback from the property line was a priority and emphasized that the selected location was the most suitable placement on the lot.
City staff clarified that all other zoning requirements, including distance from the property line and compliance with safety codes, would be met. Planning staff also noted that similar modifications, including fencing, roofing, and windows, had previously been approved for the property.
During the public hearing, no individuals appeared to speak on the application. However, the board received a letter from a neighboring property owner at 222 North Main Street expressing concerns about preserving the 10-foot separation from the property line. The board confirmed that this requirement would be met.
In deliberating the five-part test, board members determined that:
- The variance would not produce an undesirable change in neighborhood character.
- Alternative pool placements would either violate other setbacks or require a custom pool.
- The two-foot deviation from the required distance was not considered substantial.
- There would be no adverse environmental or physical impacts on the neighborhood.
- While the hardship was technically self-created, the board agreed that granting the variance was appropriate under the circumstances.
“Although almost all of these requests are self-created to a degree, I think this one is certainly worth the variance for the two feet,” said one board member during deliberations.
Vice Chair Ryan Wilmer presided over the meeting, as Chair Joe was absent due to vacation. The board voted 6–0 in favor of the application, with members Richard Squires, John Roberts, Linda Harris, Rachel Henshaw, Tom Tomczak, and Wilmer all voting yes.
Following the vote, the board discussed upcoming scheduling considerations, anticipating a busier agenda as warmer weather prompts additional applications. Board members were also encouraged to explore upcoming training opportunities, including those offered by the Genesee/Finger Lakes Regional Planning Council.
The meeting adjourned at approximately 7:50 p.m.
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