Staff Notes AV 52-2011 Johnson
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 52-2011
Project Applicant: Lynda Johnson
Project Location: 347 Cleverdale Road
Meeting Date: August 17, 2011
Description of Proposed Project:
Applicant proposes a 937 square foot residential addition to include attached garage, study, powder room,
and hallway space replacing existing detached garage with carport and shed space.
Relief Required:
Area variances for this proposal are as follows:
1.Side Setback – Request for 14.9 feet of side setback relief for the proposed garage/office with
breezeway.
2.Expansion of a nonconforming structure - This request must be approved by the Zoning Board of
Appeals.
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, however, detriment to the adjacent parcel to the south
may be realized due to the close proximity of the proposal to the property line.
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 may include placement
within the existing building envelope to avoid an area variance.
3.
Whether the requested area variance is substantial.
The request for 14.9 feet or 74.5% relief from
the 20 foot side setback requirement as per §179-3-040 for the proposed garage/office with breezeway
may be considered severe relative to the ordinance. The request for the expansion of a non-conforming
structure requires the approval of this board as per §179-13-010.
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 or
environmental conditions in the district 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.):
AV52-11 Setback relief Pending
AV 93-04 Side setback relief for expansion Approved 12/15/04
A.V. 68-04 Setback relief for covered porch Denied 9/15/04
AV 9-02 Residential setback relief Approved 2/27/02
SP 43-99 1,650 sq. ft. expansion Approved 9/21/99
Staff comments:
The setback for the breezeway would be 10.3 feet at its closest point if taken separately from the
garage/office; the expansion is considered one structure and as such setback request for 14.9 feet is
presented to the board for approval.
The project includes the removal of the existing shed and garage with carport. Overall permeability for the
site will be increased from 65.7% to 66.1% or 160 square feet. The applicant proposes to reconfigure the
driveway to include a portion reverting to grass as well as removing an existing walkway to the south and
re-vegetate. The shoreline buffer could be considered a model for other properties.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\August 17\AV 52-11 Johnson.doc
Zoning Board of Appeals
Community Development Department Staff Notes