Staff Notes AV 34-2011_Kingsley_06 28 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 34-2011
Project Applicant: Scott & Deborah Kingsley
Project Location: 4 Hillman Road
Meeting Date: June 28, 2011
Description of Proposed Project:
Applicant proposes construction of a 1,120 sq. ft. 23.2 foot tall detached garage on a 2.11 acre parcel on
Cleverdale.
Relief Required:
Parcel will require area variances as follows:
Height - Relief requested for 7.2 feet of height relief from maximum height restriction of 16 feet for a
detached garage.
Size – Relief requested for 20 square feet from the 1,100 square foot maximum for garages on parcels less
than 5 acres.
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 due to the
location of the driveway and topography on site.
3.
Whether the requested area variance is substantial.
The request for 7.2 feet or 45% additional
height relief from the 16 foot maximum allowed for the WR zone as per §179-3-040 may be considered
moderate relative to the ordinance.
4.
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.
Little adverse impact on the physical or
environmental conditions in the neighborhood may be anticipated as a result of this proposed variance.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
SUB 3-2011 Pending
Staff comments:
The applicant proposes stormwater mitigation and erosion and sediment controls as a result of the
proposed creation of more than 1,000 square feet of impermeable area; Stormwater Management Permit
required.
The parcel does not have shoreline frontage and the closest point from the project site to the shoreline is
730 linear feet in distance.
SEQR Status:
Type II-no further action required.
L:\Keith Oborne\2011 Staff Notes\Zoning\June 29\AV 34-11_Kingsley_06 28 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes