Staff Notes AV 18-2012 Howland for Conway
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 18-2012
Project Applicant: Dean Howland, Jr.
Project Location: 32 Nacy Road, Glen Lake
Meeting Date: April 25, 2012
Description of Proposed Project:
Applicant has constructed a single family residence and existing deck and associated stair construction
encroaches on side setback.
Relief Required:
Parcel will require area variances as follows:
Side setback – Request for 4.1 feet of relief from the 20 foot side setback for the proposed landing as per
§179-3-040.
Side setback – Request for 4.1 feet of relief from the 20 foot side setback for the proposed stairs leading
from the landing as per §179-3-040.
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 would be to locate the
landing and stairs along the south east side of the deck to avoid an area variance.
3.
Whether the requested area variance is substantial.
The request for 4.1 feet or 20.5% relief from
the 20 foot side setback requirement for both the landing and stairs may be considered minor to
moderate relative to the code.
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.):
SP 8-11 15% Slopes, Conv. of seasonal dwelling to year-round Approved 3/22/11
AV 9-11 Height, shoreline, side setback Approved 2/23/11
BOH 33-10 Septic variance Approved 12/16/10
Staff comments:
Previously approved west landing and stairs not to be pursued; applicant states that the western location
would be too visible from the lake. Further, according to the applicant it appears the west stairs proposal
would require additional relief due to miscalculation by previous applicant in 2011.
SEQR Status:
Type II
L:\Keith Oborne\2012 Staff Notes\Zoning\April 25\AV_Howland.doc
Zoning Board of Appeals
Community Development Department Staff Notes