AREA VARIANCE STATEMENT OF DIFFICULTY An area variance shall be granted only if the applicant can establish EACH of the following, in accordance with Section 350-102 of the Zoning Ordinance: A. Essential Character. No undesirable change in the essential character of the neighborhood will occur and no detriment will be created to nearby properties if the area variance is granted because: __________________________________________________________________________________ No undesirable change in the character of the neighborhood or detriment will be created with the porch. The porch will be at the rear of the house, more than 50 feet to the nearest house and it will be designed __________________________________________________________________________________ to match the style and color of the existing house. __________________________________________________________________________________
__________________________________________________________________________________ B. No other remedy. The benefit sought by the applicant cannot be achieved by some other feasible method other than an area variance because: The benefit that the proposed porch cannot be achieved by another method because the existing house layout __________________________________________________________________________________ including the existing rear slider door is installed. If the porch were moved to meet the setback, there would be __________________________________________________________________________________ no was to access from the house without a major renovation. __________________________________________________________________________________
__________________________________________________________________________________ C. Significance. The requested area variance is not substantial because: __________________________________________________________________________________ The requested variance is not substantial because the porch will be placed on one of the larger lots within the development and will encroach 7 feet into a 50 feet setback which is only 14% over the setback line. __________________________________________________________________________________
__________________________________________________________________________________ __________________________________________________________________________________ D. Physical and environmental conditions. The proposed area variance will not have an adverse impact on the physical or environmental conditions in the neighborhood or district because: The proposed variance will not have an adverse impact on the environmental conditions since the porch __________________________________________________________________________________ will blend in with all the house and any stormwater runoff created will be treated within the stormwater __________________________________________________________________________________ pond. __________________________________________________________________________________
__________________________________________________________________________________ E. Not self-created. The alleged difficulty was not self-created because (consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance): The difficulty is self-created by the owner deciding to construct the porch. Any addition in this location would __________________________________________________________________________________ encroach over the setback and the proposed addition is the minimum necessary. __________________________________________________________________________________
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**THIS FORM IS REQUIRED FOR ALL AREA VARIANCE REQUESTS**
Project No. 4500.20
August 19, 2026 Webster Zoning Board of Appeals 1000 Ridge Road Webster, NY 14580 Re: 522 Hackberry Way – Covered Porch Area Variance Application Dear Zoning Board Members: Our client, Tom Thomas of the Tra-Mac Group with offices located at 55 Allied Way, Hilton NY 14668, intends to construct a 136 sq.ft. covered porch at the back of the existing house located at 522 Hackberry Way. The proposed 11.33 ft X 12 ft porch will be constructed 43 feet from the rear property line, where code requires a 50 foot setback. Most of the addition will be within the setback. On behalf of our client, we request that our application be placed on the September 8, 2026 Zoning Board of Appeals agenda for the requested area variance. Please feel free to contact us with any questions or comments. Sincerely,
Michael Ritchie, P.E. Vice-President COSTICH ENGINEERING, D.P.C.
CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE Costich Engineering, DPC 217 Lake Avenue Rochester, New York 14608 Office (585) 458-3020 Fax (585) 458-2731 www.costich.com
NON-COLLUSION DISCLOSURE PURSUANT TO SECTION 225-111 OF THE WESTER ZONING ORDINANCE
TO WHOM IT MAY CONCERN:
No officer or employee of the State of New York, County of Monroe or Town of Webster has any financial interest in the land affected by or in the partnership making application for the project known covered porch as 522 Hackberry Way _____________________________
DATED:
08/19/2026 _____________________________
Authorized Representative
DISCLOSURE OF INTENT TO REQUEST TAX INCENTIVES, ABATEMENTS, OR EXEMPTIONS Have you currently applied for, or intend to apply for any tax incentives, abatements, or exemptions? Yes ________ X No ________
If YES, would you agree to enter into a Host Community Agreement* (HCA) with the Town of Webster? Yes _______ No _______
if you apply for or receive any tax incentives, abatements or exemptions in the future, would you agree to enter into a Host Community Agreement (HCA)? Yes _______ No
X _______ Tom Thomas ____________________________________ NAME OF PROPERTY / BUSINESS OWNER
____ SIGNATURE OF PROPERTY/BUSINESS OWNER 08/19/2026 ____________________________________ DATE
* A Host Community Agreement (HCA) is an agreement between the business/property owner, wherein the business/property owner recognizes that the Town provides services which benefit the business/property and the owner desires to compensate the Town for such services, by making payment to the Town (and to make the Town whole in regard to property taxes) by entering into this agreement to acknowledge the Town’s cost of providing services to its residents and property owners.
OWNER’S AFFIDAVIT (Sign and return if property owner is different than applicant)
Tom Thomas I, ____________________________ do hereby certify that I am an owner and/or contract purchaser of property involved in this request and that the foregoing statements, answers and supporting documentation submitted are in all respects true and correct to the best of my knowledge and belief. If this application is granted approval, all actions shall be in accordance with the terms of that approval.
Tom Thomas ____________________________________ NAME OF PROPERTY / BUSINESS OWNER
____ SIGNATURE OF PROPERTY/BUSINESS OWNER 08/19/2026 ____________________________________ DATE