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Zoning Variances For Salvation Army, Food Truck Approved

Jamestown Zoning Board of Appeals members have given the Salvation Army and the owner of a food truck variances from city zoning regulations.

The Salvation Army’s new facility is an ongoing project, but part of that project is looking to include a higher fence than what is normally allowed in a residential district. The city code for fences in front yards require them to reach a maximum height of three and a half feet, with this proposed fence planning to stand at six feet.

Discussing the proposed variance with the appeals board was the Salvation Army’s Major John Merchant along with Keri Belovarc with Bemus Bay Architecture. Belovarc said the fence height variance was approved a few years ago, but the project was delayed and the approval timed out, bringing them back to the board.

“We would like to install two fences, one around the courtyard of the property that would be in the front yard, and the second fence would be in the rear property, and that’s a secure fence around the parking area,” Belovarc said.

The extended height request for the front yard fence is due to the sensitive nature of some of the clients in the building, who Belovarc said would like some extra privacy. It will be a vinyl privacy fence around the courtyard, and a black chain link fence for the back fence by the parking area. It was noted that the previous variance request for this fence that was approved was for the same height.

Belovarc added the project is underway, but the fence itself will not be installed for several months. The Zoning Board approved the variance request.

Also appearing at this week’s meeting was Ricky Faulkner for a use variance for commercial storage for his food truck products. Faulkner said the request comes after running a food truck business from his home for the last two years with the city aware of the business. The county Health Department won’t renew his permit due to the business being in a residential area.

“I was before this board two years ago to get a variance to be able to park the truck there,” Faulkner said. “But now this year, they’re telling me I can’t have a business in a garage with zoning the way that it is.”

Faulkner said the garage is strictly storage with no cooking or anything else involved, being completely shelving and refrigeration. Health Department regulations have changed, Faulkner said, since he bought the truck and began his business. Faulkner noted there have been multiple inspections and no issues with the truck or his business before.

Questions from the board included plumbing, the previous time Faulkner came to the board and if it is now considered a commercial location. Faulkner said his business will not change and no customers will come into the house, and that a lot of his storage includes things such as canned goods, tortilla shells and to-go containers. There is one refrigerator in the garage, primarily used for deliveries before the items are moved into the truck, with everything permitted and inspected.

The board said that with the variance this now fits the rules and requirements from the Health Department, noting that Faulkner is not the only one affected by the new rule enforcements from the Health Department, and approved the variance.

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