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Staff Notes May 18 2011 AV 26-11_Stevens Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 26-2011 Project Applicant: Christopher Stevens Project Location: 191 Sunnyside East Meeting Date: May 18, 2011 Description of Proposed Project: Applicant proposes a 515 sq. ft. residential addition to an existing 830 sq. ft. single family dwelling. Relief Required: Parcel will require an area variance as follows:  East side setback – Request for 10.4 feet of east side setback relief from the 25 foot requirement as per §179-4-030. 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. Feasible alternatives would be to expand upward to avoid requested side setback relief. 3. Whether the requested area variance is substantial. The request for 10.4 feet or 42% relief from the 25 foot minimum side setback requirement of the MDR zone may be considered moderate relative to the code. 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 or environmental conditions in the neighborhood can be expected. 5. Whether the alleged difficulty was self created . The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): BP 97-112 Residential Alteration Approved in year 1999 BP 91-512 Septic Alteration Approved in year 1993 Staff comments: The Zoning Board of Appeals may wish to ascertain if the wastewater system is compliant. The expansion is for a Master Bedroom and as a result an upgrade to the system may be required. SEQR Status: Type II – no further action required L:\Keith Oborne\2011 Staff Notes\Zoning\May 18\AV 26-11_Stevens.doc