Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 21-2012
Project Applicant: David F. Brown
Project Location: 294 Bay Road
Meeting Date: May 16, 2012
Description of Proposed Project:
Applicant proposes construction of a 184 sq. ft. handicap ramp attached to the rear entrance if exising
office . Applicant seeks relief from side setback and travel corridor overlay setback requirements of the
CLI zone. Further, relief for the expansion of a non-conforming structure requested.
Relief Required:
Parcel will require area variances as follows:
1.Side setback (North) – Request for 14 feet of side setback relief from the 30 foot requirement.
2.Side setback (South) – Request for 16.5 feet of side setback relief from the 30 foot requirement.
3.Travel Corridor – Request for 16 feet of travel corridor overlay relief from the 75 foot setback
requirement.
4.Expansion of a non-conforming structure 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.
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 parcel
limitations.
3.
Whether the requested area variance is substantial.
The request for 14 feet of north side setback
and 16.5 feet of south side setback relief or 47% and 55% respectively from the 30 foot side setback
requirement for the CLI zone as per §179-3-040 may be considered moderate to severe relative to the
ordinance. Request for 16 feet or 21.3% relief from the 75 foot travel corridor overlay setback as per
§179-4-030C. Request for the expansion of a non-conforming structure must be approved by the
Zoning Board of Appeals.
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,
however the applicant is attempting to become ADA compliant with the addition of the proposed
handicap ramp.
Parcel History (construction/site plan/variance, etc.):
BP 11-575 Deck w/ ramp Pending
BP 11-24 C/O for Non-profit Issued 2/8/11
BP 06-394 C/O for Financial service Issued 7/10/06
SV 16-06 Setback relief Approved 3/22/06
Staff comments:
The existing building houses the Adirondack Financial and Planning Services office as well as Voices of the
Heart, a non-profit agency.
SEQR Status:
Type II
L:\Keith Oborne\2012 Staff Notes\Zoning\May 16\AV_Brown.doc
Zoning Board of Appeals
Community Development Department Staff Notes