Staff Notes AV 54-2011 Burke
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 54-2011
Project Applicant: Patrick Burke
Project Location: 337 Ridge Road
Meeting Date: August 17, 2011
Description of Proposed Project:
Applicant proposes construction of a 400 square foot wrap around front porch as well as a 336 square foot
rear addition to the home with 192 square foot attached deck.
Relief Required:
Relief requested from front and side yard setback requirements for the MDR zone as per §179-3-040.
Parcel will require area variances and approvals as follows:
1.Front setback – Request for 8.0 feet of relief from the 30 foot front setback requirement for the
proposed front porch.
2.Side setback – Request for 10.52 feet of relief from the 25 foot side setback requirement for the
proposed front porch.
3.Side setback – Request for 10.50 feet of relief from the 25 foot side setback requirement for the
rear proposed addition.
4.Side setback – Request for 10.50 feet of relief from the 25 foot side setback requirement for the
proposed deck associated with the rear addition.
5.Expansion of a non-conforming structure must be approved by this board as per §179-13-010F.
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.
Feasible alternatives appear limited due to
location of the dwelling in regards to the building envelope.
3.
Whether the requested area variance is substantial.
The request for 8 feet or 27% relief from the
30 foot front setback requirement for the proposed front porch may be considered moderate relative to
the ordinance. Further, the request for 10.52 feet or 42% relief from the 25 foot side setback
requirement for the proposed front porch may be considered moderate relative to the ordinance.
Additionally, the request for 10.5 feet or 42% relief for both the proposed addition and associated deck
may be considered moderate relative to the ordinance. Finally, the expansion of a non-conforming
structure must be approved by this board.
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 may be anticipated as a
result of this requested variance.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
None Found
Staff comments:
No immediate issues.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\August 17\AV 54-11 Burke.doc
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals
Community Development Department Staff Notes