Staff Notes AV 40-11 Burke 7-20-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 40-2011
Project Applicant: Tom & Pat Burke
Project Location: 67 Mason Road
Meeting Date: July 20, 2011
Description of Proposed Project:
Applicant proposes constructionof a 264 sq. ft. garage addition to existing single family home.
Relief Required:
Parcel will require area variances as follows:
Floor Area Ratio – Request for an additional 264 square feet of Floor Area relief from the allowable Floor
Area of 2,120 square feet for a total Floor Area of 2,718 square feet. Note: Existing Floor Area is 2,454
square feet.
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 as a result of this proposal.
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 and existing conditions.
3.
Whether the requested area variance is substantial.
The request for an additional 264 square feet
of Floor Area Ratio relief from the 0.22% requirement for the water front residential district may be
considered minor to moderate relative to the ordinance. Note: Existing FAR is 25.5% and proposed
will be 28.2%.
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 on the physical or
environmental conditions in the neighborhood may be anticipated.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
However, lot limitations may contribute to the difficulty.
Parcel History (construction/site plan/variance, etc.):
BP 66-00 Dormer Approved 10/29/98
BP 96-358 Boathouse Approved 6/27/97
Staff comments:
Existing structure is considered a lawful existing, nonconforming structure as per §179-13-010F
and as such does not require relief for the expansion of a non-conforming structure.
Planning Board recommendation provided.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\July 20\AV 40-11 Burke 7-20-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes