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September 11, 2020 - 2:28pm

County planners recommend approval of zoning amendment to allow public garages in city's I-1 districts

A zoning text amendment that would add “public garages” to the list of allowed uses with a special use permit in all Industrial Districts in the City of Batavia is back in City Council’s hands after a recommendation of approval Thursday night from the Genesee County Planning Board.

County planners had no issues with the zoning change that was initiated back in January when Batavia businessman Eric Biscaro sought the city’s permission to build an auto service station on his Ellicott Street property that currently houses Classic Home Improvements and Armor Building Supply.

Initially, county planners denied Biscaro’s request for a use variance because the city code allowed auto repair shops only in the Batavia Industrial Park, and in a C-2 (Commercial) zone with a special use permit.

In July, the City of Batavia Planning & Development Committee decided to open the I-1 (Industrial) zone to include public garages, setting the stage for another review by the Genesee County Planning Board and, ultimately, a public hearing set by City Council.

Genesee County Planning Director Felipe Oltramari said that last night’s planning board action is “the middle step” in the process and could see things working out for Biscaro, and any others who wish to pursue similar ventures in the I-1 zones.

“This is the way it is supposed to work,” Oltramari said, comparing this situation to the referral pertaining to an event venue in the Town of Darien that also was on Thursday’s agenda.

The planning board also approved, with modifications, a special use permit for West Seneca business partners Glenn Laben and Kelsey Dellaneve to build The Barn at Flower Creek, a 3,120-square-foot gambrel roof gathering facility to accommodate up to 220 guests for weddings, parties, graduations, etc., located at 388 Broadway Road, Darien.

The estimated $500,000 project also will include an access driveway, parking lot for 85 vehicles, and an onsite wastewater treatment system meeting health department requirements.

Required modifications are obtaining a driveway permit from the state Department of Transportation prior to approval by the Darien Town Planning Board and completing a Stormwater Pollution Prevention Plan prior to final approval from the Town.

Two years ago, the couple was denied a use variance and, as was the case with Biscaro, needed to seek a zoning amendment from the Town of Darien – this one to allow gathering halls in Low Density Residential Districts with a special use permit.

A public hearing on their proposal is set for 7:45 p.m. Sept. 21 at Darien Town Hall, 10569 Alleghany Road.

In other action, planners approved the following site plans:

  • For HP Hood to construct a 7,200-square-foot commercial cooler addition to the existing structure at its plant in the Genesee Valley Agri-Business Park, East Main Street Road, Batavia. Neil Zinsmeyer, of Napierala Consulting, representing the company, said the cooler will provide overflow storage and will have little impact upon traffic or staffing levels.
  • For a 2,800-square-foot addition (78 feet by 36 feet) to the rear of the Imagination Station child care center at 5079 Clinton Street Road, Batavia.
  • For Holland Resources of East Bethany to put up a 45- by 100-foot addition (six more bays) to the north side of an existing self-service Recreational Vehicle storage building at 5545 Route 5, Stafford.
  • For a new real estate office in a Commercial District (C-2) at 7133 W. Main Road, Le Roy. Documents submitted by applicant Nancy Crocker, of SB Gee’s LLC indicate that Empire Realty Group, will be moving into the location.

Previous story: Genesee County planners to address special use permit for The Barn at Flower Creek in Darien​

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