Staff Notes Conway_02 23 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 9-2011
Project Applicant: James & Lillian Conway
Project Location: 32 Nacy Road
Meeting Date: February 23, 2011
Description of Proposed Project:
Applicant proposes to demolish an existing 2,660 sq. ft. residence and replace it with a new 1946 sq. ft.
residence.
Relief Required:
Parcel will require area variances as follows:
1.Height-Request for 3 feet of height relief from the 28 foot requirement per §179-3-040.
2.Shoreline setback-Request for 7 feet of average shoreline setback relief as per §179-3-040 and
§179-4-010D(2)(a).
3.Side setback-Request for 8 feet of west side setback relief as per §179-3-040.
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.
Minor
impacts to the neighborhood may be anticipated as the single family dwelling to be replaced currently is
larger and more non-conforming than the proposed new structure.
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.
Feasible alternatives appear limited due to lot
constraints; specifically slopes present on the parcel.
3.
Whether the requested area variance is substantial.
The request for an additional 3 feet or 11%
relief from the 28 foot maximum allowable height for a structure in the WR zone as per §179-3-040
may be considered minor relative to the ordinance. Further, the request for 7 feet or 10% relief from
the required 73 foot average shoreline setback as per §179-4-010 may be considered minor relative to
the ordinance. Finally, the request for 8 feet or 40% relief from the 20 foot side setback requirement as
per §179-3-040 may be considered moderate relative to the ordinance.
Note: The determination of whether the requested area variance is substantial is based on an
empirical calculation and not subjective reasoning.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
The proposed variance may have minor
impacts on the physical or environmental conditions in the neighborhood as the existing single family
dwelling is more non-compliant than what is proposed.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
SP 8-2011 Pending
BOH 33, 2010: 82’ from neighboring well in lieu of required 100’ setback; 3’ from property line in lieu of
required 10’ setback-both contingent upon applicants’ installation of split rail fence around absorption
field. Approved 12/6/2010
Staff comments:
1.The existing garage adjacent to Nacy Road to remain.
2.The applicant has received a BOH septic variance for a new wastewater system; see attached.
SEQR Status:
Type II – no further review required
L:\Keith Oborne\2011 Staff Notes\Zoning\February 23\AV 9-11_Conway_02 23 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes