Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 24-2022
Project Applicant: Alice & Jack Lynch
Project Location: 14 Highview Road
Parcel History: SP 36-2022; AV 45-1996; SP 42-96
SEAR Type: Type II
Meeting Date: June 22, 2022
Description of Proposed Project:
Applicant proposes to construct new open deck addition of 563 sq. ft., install a pool of 123 sq. ft., and construct
a covered porch of 166 sq. ft. Project includes installation of stormwater control measures, site landscaping and
shoreline plantings. There is an existing shed of 169 sq. ft. that requires review for after -the -fact work. The
existing house is 2,775 sq. ft. footprint with an existing floor area of 4,773 sq. ft. Site plan for new floor area in
a CEA and hard surfacing within 50 ft. of shoreline. Relief requested for setbacks and pool location.
Relief Required:
The applicant relief for setback of a shed and pool location in the Waterfront Residential Zone WR.
Section 179-3-040 WR 179-5-020 Shed and Pool
The applicant proposes a 123 sq. ft. spa and under Town Code meets the definition of a pool where relief is
requested for locating a pool in the front yard. The shed is located 23 ft. to the shoreline where a 75 ft. setback
is required. The applicant has identified a retaining wall on the eastside that is located 6 inches to an easement
area — this is not subject to a variance.
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 no impacts to the
neighborhood character 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 may be available to relocate the
shed but may cause additional disturbance on a steep slope site.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested 52 ft for shed setback. Relief for the pool location in the front yard.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to 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.
Staff comments:
The applicant requests to maintain the existing shed in the current location as there is an
existing fire pit area and items are stored in the shed. The update to the deck area on the house with the pool is
to upgrade the house. The plans show the location of the shed and new deck area.