Staff Notes AV 4-2011 Quillinan
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 4-2011
Project Applicant: Sean Quillinan
Project Location: 4 Sullivan Road
Meeting Date: January 26, 2011
Description of Proposed Project:
Applicant has constructed a deck with a rear yard setback of 14.3 ft. in lieu of the previously approved AV 25-2009
of 17.3 ft. Further relief requested from minimum rear yard setback requirement.
Relief Required:
Relief requested for 5.7 feet of relief from the 20 foot east rear setback requirement as per §179-3-040 for the
existing deck.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1.
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby properties will be created by the granting of this area variance.
Minorimpacts to the neighborhood
may be anticipated.
2.
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to
pursue, other than an area variance. ,
With the structure completedfeasible alternatives appear limited.
3.
Whether the requested area variance is substantial.
The request for 5.7 feet or 28% relief from the 20 foot
east rear setback requirement as per §179-3-040 for the existing deck may be considered minor to moderate
relative to the ordinance.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district.
Minor impacts on the physical and environmental conditions of the
neighborhood may be anticipated.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
B.P. 2009-340 SFD Approved 9/2009
A.V. 25-2009 FAR, setback and height relief Approved 7/15/09
Staff comments:
Area Variance 25-2009, dated 7/15/09 had given an east rear setback relief of 2.7 feet; applicant is requesting 5.7
feet or an additional 3 feet of relief from approved area variance (see attached resolution).
SEQR Status:
Type II-no further review needed
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Zoning Board of Appeals
Community Development Department Staff Notes