Rome board revokes 2012 variance for 104 East Wright Street after code and police evidence of salvage activity

The Rome Zoning Board of Appeals voted unanimously on Feb. 4 to revoke a 2012 use variance for 104 East Wright Street after city code enforcement and police evidence indicated the accessory structures granted under the previous variance were being used for scrap and salvage activity rather than residential storage.

The board reheard appeal 12-047 after codes staff and the public nuisance panel presented photographs and affidavits documenting accumulated junk, debris and multiple code violations. City staff said crews used front-end loaders to clean the site and that the cleanup costs and administrative penalties will be added to the property tax bill.

An affidavit read into the record by codes staff attributed observations to inspectors Matthew Wheaton and Gino Cicciola, stating: "I viewed a room that was cluttered with various tools and metal... I believe the structure is being used to dismantle and store scrap metal." The police incident report summarized on the record described the owner transporting and weighing scrap at the property and paying a source for material; the read summary included the line that Pelton "paid Rivera $15 for the metal."

Board members said the evidence showed the property was not being used in accordance with the 2012 variance, which had allowed two accessory structures for personal storage. Absent any representative appearing to refute the materials, members voted 5-0 in favor of revocation.

Mark Domenico of the codes office told the board the public nuisance panel had ordered removal of the trailers and recommended the zoning board consider revocation because the trailers had been established via a use variance.

The board's revocation returns the matter to the codes office and the city’s enforcement process for any required removal, cleanup costs and tax-billing related to the nuisance finding.