Staff Notes July 27 ZBA AV 45-11 Dufrense Deck 7-27-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 45-2011
Project Applicant: David and Evelyn Dufresne
Project Location: 24 Brayton Road
Meeting Date: July 27, 2011
Description of Proposed Project:
Applicant has removed a 665 sq. ft. deck and partially built a new 647 sq. ft. deck in its place. Relief
requested from shoreline and side setback requirements. Further, relief requested for the expansion of a
nonconforming structure.
Relief Required:
Parcel will require area variances as follows:
1.Side setback – Request for 4.8 feet of side setback relief from the 12 foot side setback requirement
for the WR District.
2.Shoreline setback – Request for 18.5 feet of shoreline setback relief from the 50 foot requirement
for the WR District.
3.Expansion of a non-conforming structure requires the approval of this board.
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.
Lot limitations and existing conditions appear to
preclude any feasible method for the applicant to pursue other than an area variance.
3.
Whether the requested area variance is substantial.
The request for 4.8 feet or 40% relief from the
12 foot side setback requirement as per §179-3-040 may be considered moderate relative to the
ordinance. Request for 18.5 feet or 37% of shoreline setback relief from the 50 foot requirement for
the WR District may be considered moderate relative to the ordinance. Expansion of a non-conforming
structure requires the approval of this board.
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.
Parcel History (construction/site plan/variance, etc.):
A.V. 81-99: setback/FAR relief for 276 sq. ft. porch Approved 7/21/99
A.V. 81-98: setback/FAR relief for 276 sq. ft. porch Denied 11/18/98
Staff comments:
The applicant proposes to remove the bump out area which was slated as a platform for the stairs
on the western portion of the deck in order to not encroach further into the side setback.
Planning Board Recommendation provided.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\July 27\AV 45-11 Dufrense Deck 7-27-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes