The Town of Victor Zoning Board of Appeals approved a series of variances for a new Chick-fil-A restaurant at Eastview Mall during its meeting last week, clearing a key step for the project after months of design changes and code reviews. The board also discussed a residential shed setback case that was ultimately tabled for further review.
Chick-fil-A project wins key variances
Attorney Charlie Gottlieb, representing Chick-fil-A, told the board the project had been scaled back since its last appearance. Several variance requests were withdrawn, including those related to sprinkler waivers, flagpole lighting, and monument signage along Route 96. “We’ve reduced the relief we’re seeking to only what’s essential for the project’s success,” Gottlieb said.
The board’s first approval allowed a minor open-space variance, reducing required green space on the Eastview Mall parcel from 35% to 34.3%, down slightly from a 2007 variance that permitted 34.6%. Board members agreed the 0.3% reduction — roughly one-third of an acre — was minimal, particularly given plans to remove 22 trees but plant 27 new ones along with hundreds of shrubs and perennials.
Vice Chair Lya Theodoratos noted the company’s cooperation with the town and the mall’s owners to minimize environmental impact. “They’ve worked with the Planning Board to get this building out of green space and into an existing parking area,” he said.
The second variance, for a four-foot decorative fence above a retaining wall, was approved to satisfy state safety requirements near Route 96. Board members agreed it was not a substantial change, since the fence will sit below the road grade and improve pedestrian safety. “It’s a better visual than a standard guardrail and meets state safety codes,” Chair Mike Reinhardt said.
The board also approved a meal-delivery canopy variance, allowing Chick-fil-A to construct a small overhead structure slightly forward of the building’s main façade. Members said the feature was functionally necessary for drive-through operations and would not impact visibility or neighborhood character.
With the approvals, the Chick-fil-A project — planned for a 1.35-acre leased parcel at Eastview Mall’s southeast corner — can now move ahead to final site-plan compliance with the town’s Planning Board.
Resident asked to revise shed variance request
Earlier in the meeting, the board revisited an area variance request from a homeowner on Duck Hollow Lane, whose 10-by-12 shed sits directly on the property line. Town code requires a five-foot setback.
The homeowner, Maria DeMario, submitted contractor quotes estimating up to $3,000 to move the shed and said the structure may not survive relocation due to its light construction.
Board members expressed concern about fire safety and setting precedent for zero-lot-line accessory buildings. Member Patrick Asher said, “The purpose of that code is to protect both you and your neighbor. Even if your neighbor’s fine with it today, that could change next year.”
The applicant opted to withdraw the request and may return with a revised plan showing a smaller variance or a new location meeting setback rules.
Looking ahead
The Zoning Board’s next meeting is scheduled for November 3, where the shed case may return for consideration. The Chick-fil-A project will proceed to the final engineering and site-plan phases with the town’s Planning Board later this fall.
FingerLakes1.com is the region’s leading all-digital news publication. The company was founded in 1998 and has been keeping residents informed for more than two decades. Have a lead? Send it to [email protected].