Staff Notes AV 50-11 JBAP 7-20-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 50-2011
Project Applicant: JBAP Jerry Brown Auto Parts
Project Location: 67 Peachtree Lane
Meeting Date: July 20, 2011
Description of Proposed Project:
Applicant proposes construction of a 1,440 sq. ft., 12 foot tall metal storage building for auto parts.
Relief Required:
Parcel will require area variances as follows:
1.Side setback – 45.4 feet of side setback relief from the 50 foot side setback requirement for the HI
District.
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 would appear to be feasible.
3.
Whether the requested area variance is substantial.
The request for 45.4 feet or 91% relief from
the 50 foot side setback requirement as per §179-3-040 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.):
AV52-10: 900 sq. ft. storage shed, Side yard setback relief requested Withdrawn
SP 59-09: 900 sq. ft. storage shed Approved 12/15/09
SP 54-05: 7,500 sq. ft. Storage Bld. Approved 10/18/05
SP 16-02: 1,300 sq. ft. Addition Approved 4/23/02
SP 19-92: Fence Approved 6/16/92
Staff comments:
The shed will be for parts storage and will not have electricity or water service.
Permeability, which stands at 11% for the parcel, will not be affected as the area for the concrete
pad to house the shed was impermeable crushed stone.
Planning Board Recommendation provided.
.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\July 20\AV 50-11 JBAP 7-20-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes