Staff Notes AV 38-2011_Nelson_06 28 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 38-2011
Project Applicant: Margaret Nelson & Barry Lukoff
Project Location: 63 Tuthill Road
Meeting Date: June 28, 2011
Description of Proposed Project:
Applicant proposes construction of a residential addition to include a 716 sq. ft. garage and a 560 sq. ft.
second floor workshop.
Relief Required:
Parcel will require area variances as follows:
Side setback – Request for 6.9 feet of relief from the 75 foot side setback requirement for the RR-3A zone.
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
slopes, driveway location and existing garage.
3.
Whether the requested area variance is substantial.
The request for 6.9 feet or 9.2% relief from
the 75 foot side setback requirement for the RR-3A zone as per §179-3-040 may be considered minor
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.
Minor impacts to 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.):
BP 2011-204 Pending
BP 2002-741 SFD Approved 2002
Staff comments:
The parcel has an existing square 676 square foot garage; total proposed garage area with expansion is
1,393 square feet, short of the 2,200 maximum allowed for parcels greater than 5 acres as per §179-5-010.
The applicant proposes to keep the northern existing garage access as part of the project.
SEQR Status:
Type II-no further action required.
L:\Keith Oborne\2011 Staff Notes\Zoning\June 29\AV 38-11_Nelson_06 28 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes