Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 26-2012
Project Applicant: San Souci of Cleverdale
Project Location: 92 Mason Road
Meeting Date: May 16, 2012
Description of Proposed Project:
Applicant proposes to modify approved site plan to include the removal of vegetation and the installation
of “permeable” pavers on existing gravel parking spaces. Further, applicant seeks after the fact approval
for the installation of a +/- 665 square foot patio with access deck and stairs to accommodate four tables as
well as for the installation of a 6 foot tall, 112 foot long stockade fence along the south boundary.
Variances: Relief from side setback, expansion of a nonconforming structure, fencing requirements and
permeability.
Relief Required:
Nature of Area Variance:
Parcel will require area variances as follows:
1.Side Setback – Request for 7.15 feet of south side setback relief after the fact for the installation of
stairs and deck leading to unapproved patio.
2.Expansion of a non-conforming structure must be approved by the Zoning Board of Appeals.
3.Front (west) fence height and style – Request, after the fact, for 2 feet of fence height and style
along the 15.5 feet of architectural front placement of 6 foot tall vinyl stockade fence.
4.Front (east) fence height and style - Request, after the fact, for 2 feet of fence height and style
along the 28 feet of architectural front placement of 6 foot tall vinyl stockade fence.
5.Permeability – The quantification of permeability will need to be verified by the applicant. Staff
calculates additional hard surfacing at approximately 800 square feet. Note: This includes the new
patio and pavers denoted to the northeast not previously approved. Lacking any opinion from the
Town Engineer or project engineer, all hard surfacing, including “permeable pavers” are considered
to be 100% impermeable.
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.
Minorto
moderateimpacts to the neighborhood may be anticipated as any decrease to permeability could be
considered detrimental.
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 build what was
previously approved in 2009.
3.
Whether the requested area variance is substantial.
The request for 7.15 feet or 36% relief from
the 20 foot side setback requirement as per §179-3-040 for the deck and stairs associated with the
patio may be considered moderate relative to the ordinance. Further, expansion of a non-conforming
structure must be approved by the ZBA as per §179-13-010. The request for 2 feet of fence height or
33% relief as well as style relief along the 15.5 feet of front yard (west) placement of a 6 foot tall vinyl
stockade fence as per §179-5-070 may be considered moderate relative to the ordinance. Additionally,
the request for 2 feet or 33% relief as well as style relief along the 28 feet of front yard (east)
placement of a 6 foot tall vinyl stockade fence as per §179-5-070 may be considered moderate relative
to the ordinance. Finally, request for 800 square feet of additional permeability relief when
permeability was at 31.5% in 2009 may be considered severe relative to the ordinance; required
permeability as per §179-3-040 is 75% in the WR Zone.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Minor additional impacts on the physical
or environmental conditions in the neighborhood may be anticipated as the site is essentially built out as
it exists.
5.
Whether the alleged difficulty was self created
. The difficulty is self-created.
Parcel History (construction/site plan/variance, etc.):
SP 9-12 Exp. of N/C structure in CEA and site plan modification Pending
SUP 45-09 Exp. of N/C structure IN CEA and site improvements Approved 8/25/09
AV 39-09 Front setback, Exp. of n/c structure, FAR, Permeability, parking Approved 8/25/09
BOH 14-09 Holding tanks Approved 7/2009
Staff comments:
The request for additional permeability relief due to the installation of the patio is also tied to the desire of
the applicant to have the proposed “permeable” pavers installed in part to reduce the overall impermeable
nature of the site. The Town Designated Engineer (TDE) has been asked to qualify and quantify the
amount of relief that the proposed pavers may provide. Please note that the permeability relief stated
above does not include any allowance for a reduction to impermeability that the pavers may or may not
afford.
SEQR Status:
Type II
L:\Keith Oborne\2012 Staff Notes\Zoning\May 16\AV_San Souci.doc
Zoning Board of Appeals
Community Development Department Staff Notes