Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 23-2012
Project Applicant: David H. Wilcox, Victoria T. Zeldin
Project Location: 26 Forest Road
Meeting Date: May 16, 2012
Description of Proposed Project:
Applicant proposes a 3,300 +/- sq. ft. expansion to existing 1,740 sq. ft. single-family dwelling to include a
second garage. Request for relief from the Floor Area Ratio requirements for the WR zone as well as
relief for a second garage.
Relief Required:
Parcel will require area variances as follows:
Floor Area Ratio – Request for 961 sq. ft. or a 5.1% increase above the 22% allowable FAR as per
§179-3-040 may be considered minor to moderate relative to the code.
Second garage – Relief requested from number of allowable garages on a parcel as per §179-5-
020D.
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 to
moderate impacts to the neighborhood may be anticipated as the granting of relief for both requests at
the same time could set precedence for future requests in the general vicinity.
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 construct a
house within the FAR requirements and construct with one garage.
3.
Whether the requested area variance is substantial.
The request for 961 square feet or 5.1%
increase above the allowable 4,166 square feet for the FAR may be considered minor to moderate
relative to the ordinance. The request for an additional garage or 100% relief from the requirement of
only one garage permitted per dwelling as per §179-5-020D may be considered severe relative to the
ordinance.
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.):
BP 2006-836 SFD Issued 12/1/2006
BP 2006-282 Demolition Issued 5/8/2006
BP 2006-160 Septic alteration Issued 4/6/2006
Staff comments:
New York State Standards and Specifications
The Zoning Board may wish to consider a condition that
for Erosion and Sediment Control, Appendix E titled Erosion and Sediment Control Plans for Small
Homesite Construction
be utilized with the proposed expansion.
SEQR Status:
Type II
L:\Keith Oborne\2012 Staff Notes\Zoning\May 16\AV_Wilcox.doc
Zoning Board of Appeals
Community Development Department Staff Notes