Overlay District eyed for Fairgrounds so grandfathered events can move forward

Councilors Tim Fontneau, left, and David Walker helped to build a razor-thin consensus to stop the city's lawfare against RAMA, the nonprofit that owns the Fairgrounds. (Courtesy photos)

ROCHESTER - A Rochester city councilor told The Rochester Voice on Monday he will be making an effort to change the Rochester Fairgrounds zoning to what's known as an Overlay District that would allow grandfathered activities to be scheduled without having to apply for a variance each and every time as RAMA is currently are required to do.
Ward 4 City Councilor David Walker said he is hoping the Codes and Ordinances committee can begin crafting an ordinance to do just that next month with the expectation that it can soon be presented to the City Council for possible passage.
"I'm not happy with the perception that the city is at war with the Fairgrounds, so I think we should change the zoning," Walker said. "They're (the Fairgrounds) are asking for events that they've done historically. I would like to stop this perception that the city is constantly saying no and is constantly in court over this."
During last week's vote that killed a rehearing by the Zoning Board of Adjustment that would've sought to reverse its approval for flat track motorcycle racing at the Fairgrounds, Fontneau agreed with Walker.
"I agree we should work with some solutions to not make the Fairgrounds to get variances every time," he told The Rochester Voice today. "When they did the zoning change several years ago the events were initially grandfathered, then they lost some of the grandfathering. So I agree we should try to alleviate their need to always get a variance for grandfathered events."
Among the requirements for obtaining a variance is proving five criteria.
According to state statute, "An applicant must satisfy each of five factors: (a) the variance will not be contrary to the public interest; (b) special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship; (c) the variance is consistent with the spirit of the ordinance; (d) substantial justice is done; and (e) the variance must not diminish the value of the surrounding properties."
"It can take a lot of time and work to prove those criteria," Fontneau said. "And when all those events are grandfathered they shouldn't have to."
The ZBA approved flat track motorcycle racing for the Fairgrounds on Sept. 11, prompting the city's legal department to ask the City Council to order the rehearing of the ZBA's decision during an Oct. 1 meeting at City Hall.
During that meeting Walker and Ward 1 City Councilor Fontneau pushed to table the vote till November, which would effectively kill the rehearing due to a 30-day rehearing time limit.
Mayor Paul Callaghan and City Attorney Terence O'Rourke argued for the rehearing saying that the five criteria requirement hadn't been met and not to have a rehearing would be ignoring the statute, effectively "breaking the law."
The vote to table the motion, effectively killing it, was a razor-thin 6-5, with councilors Daniel Fitzpatrick, David Herman, Les Horne along with Deputy Mayor Don Hamann and Mayor Callaghan voting no and councilors
Patricia Turner, Matt Richardson, Brian Karolian, Chuck Creteau, Fontneau and Walker voting yes.
Councilors Alexander de Geofroy and Kevin Sullivan were absent.