Staff Notes SV 42-11 GRJH 7-20-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 42-2011
Project Applicant: GRJH, Inc.
Project Location: 107 Main Street
Meeting Date: July 20, 2011
Description of Proposed Project:
Applicant has constructed a 35.7 sq. ft., 19 ft, 3 inch tall freestanding sign within the front yard setback for
freestanding signs.
Relief Required:
Parcel will require area variances as follows:
1.Front setback – Relief request for 2.1 feet of front setback relief from the 15 foot setback
requirement for freestanding signs as per §140-6B(2)(a).
2.Sign Height – Relief request for 7.3 feet of height relief from the 12 foot maximum allowed as per
§140-6B(4)(a)(1).
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 short of placing the sign 15
feet from the property line and reducing the height down to 12 feet appear limited due to existing as-
built conditions.
3.
Whether the requested area variance is substantial.
The request for 2.1 feet or 14% relief from the
15 foot setback requirement for freestanding signs as per §140-6B(2)(a) may be considered minor
relative to the ordinance. The request for 7.3 feet or 61% relief from the 12 foot height requirement
for freestanding signs as per §140-6B(4)(a)(1) may be considered moderate to 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.):
S.P. 52-07M Site Plan Modifications Approved 8/19/08
S.P. 52-07 2,400 sq. ft. Gas station/Convenience store Approved 12/18/07
A.V. 23-07 Setback relief Approved 4/18/07
Staff comments:
No comments at this time.
SEQR Status:
Unlisted – Short Form attached
L:\Keith Oborne\2011 Staff Notes\Zoning\July 20\SV 42-11 GRJH 7-20-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes