Staff Notes July 27 ZBA AV 46-11 Dufresne Dock 7-27-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 46-2011
Project Applicant: David & Evelyn Dufrense
Project Location: 24 Brayton Lane
Meeting Date: July 27, 2011
Description of Proposed Project:
Applicant has removed an approximately 376 sq. ft. dock with a sundeck and commenced construction on
a like sized dock with 450 sq. ft. sundeck. Relief requested from side setback requirements of the WR
zone.
Relief Required:
Parcel will require area variances as follows:
Property line setback – Request for 19 feet of property line setback relief from the 20 foot requirement as
per §179-5-060A7.
As per §179-5-060 the following applies to this project: Every dock or wharf constructed shall have a
minimum setback of 20 feet from the adjacent property line extended into the lake on the same axis as
the property line runs on shore where it meets the lake or at a right angle to the mean high-water
mark, which ever results in the greatest setback.
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.
Placement of the structure in a compliant
location appears problematic as lot limitations would require a variance regardless.
3.
Whether the requested area variance is substantial.
The request for 19 feet or 95% relief from the
20 foot side setback requirement as per §179-5-060 may be considered severe 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 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 boat house as proposed is to be 13’-0” above the mean high water mark and as such does not
exceed the maximum 16 foot height requirement per §179-5-060(11).
The boathouse, as designed, appears to show no facilities for sleeping, cooking or sanitary facilities
as per §179-5-060(12).
Planning Board Recommendation provided.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\July 27\AV 46-11 Dufresne Dock 7-27-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes