Staff Notes AV 37-11_Granger_06 22 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 37-2011
Project Applicant: Christopher & Susan Granger
Project Location: 39 Meadow Lane
Meeting Date: June 22, 2011
Description of Proposed Project:
Applicant proposes construction of a 192 sq. ft. deck addition to rear of single family dwelling.
Relief Required:
Parcel will require area variances as follows:
1.Shoreline Setback (Pond) – Request for 42.8 feet of relief from the 75 foot shoreline setback
requirement for the MDR zone.
2.Shoreline Setback (Wetlands) – Request for 10.9 feet of relief from the 75 foot shoreline setback
requirement for the MDR zone.
3.Expansion of a non-conforming structure – This request must be approved by the Zoning Board of
Appeals.
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 lot
limitations in regards to wetlands and water bodies and nature of project.
3.
Whether the requested area variance is substantial.
Concerning the pond setback, request for 42.8
feet or 57% of relief from the 75 foot shoreline setback requirement as per §179-3-040 may be
considered moderate to severe relative to the ordinance. Concerning the wetland setback, request for
10.9 feet or 14.5% of relief from the 75 foot shoreline setback requirement as per §179-3-040 may be
considered minor relative to the ordinance. Request for the expansion of a non-conforming structure
must be approved by the Zoning Board of Appeals.
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 in 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.):
SP 41-2011 Deck w/in shoreline setback Pending.
FW 4-2011 Disturbance w/in wetland adjacent area (100ft) Pending.
AV 51-1998 Construction of attached garage. Relief from shoreline setbacks & expansion of a non-
conforming structure 8/26/98
Staff comments:
th
Site visit on June 9 indicates that the shed to the west, adjacent to the wetland is not compliant in regards
to shoreline setbacks of the MDR zone. Further, shed located to the south will need to be clarified in
regards to ownership and location. Either way, both sheds are non-compliant in their existing locations
and will need to be relocated to compliant locations or application for variances submitted.
SEQR Status:
Type II-no further action required.
L:\Keith Oborne\2011 Staff Notes\Zoning\June 22\AV 37-11_Granger_06 22 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes