Staff Notes AV 12-11_Kerchner_03 16 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 12-2011
Project Applicant: Cloyd Kerchner
Project Location: 279 Chestnut Ridge Road
Meeting Date: March 16, 2011
Description of Proposed Project:
Applicant has constructed a 384 sq. ft. detached garage on a parcel that currently has a +/- 950 square foot
attached garage.
Relief Required:
Parcel will require area variances as follows:
1.Relief requested from requirement that only one garage is permited per dwelling as per §179-5-
020D of the zoning code.
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.
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 short of
removing the garage door.
3.
Whether the requested area variance is substantial.
The request for an additional garage or 100%
relief as per §179-5-020D may be considered severe 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 or adverse effects are
anticipated as a result of this request.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
BP 2009-334: garage PENDING
BP 2004-698: 3,428 sq. ft. single family dwelling 3/16/06
Staff comments:
1.The determination of whether the requested area variance is substantial is based on an empirical
calculation and not a subjective review.
2.The location of the second garage is located approximately 270 linear feet from the east property
line and 450 linear feet from the front property line; location relative to other property lines are in
excess of 450 linear feet.
3.The applicant has stated that the second garage is intended for his tractor and tools and will not be
used to house personal vehicles.
4.Although the aggregate size of both the detached and attached garage does not exceed 2,200
square feet, there appears to be an inconsistency concerning the size of the detached garage. The
application states 264 square feet, supporting documentation states 312 square feet and building
permit states 384 square feet. Please clarify.
SEQR Status:
Type II-no further review necessary
L:\Keith Oborne\2011 Staff Notes\Zoning\March 16\AV 12-11_Kerchner_03 16 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals
Community Development Department Staff Notes