Staff NotesTown of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 27-2012
Project Applicant: Savario Castellana
Project Location: 9 Anthony Court
Meeting Date: July 18, 2012
Description of Proposed Project:
Applicant proposes to place approximately 143 linear feet of 6 foot stockade fence within the non-
architectural front yard.
Relief Required:
Relief requested from maximum height restrictions and for privacy fences located in the front yard.
Parcel will require area variances as follows:
1. Privacy fence in front yard – Request for approximately 143 linear feet for placement of a 6 foot
privacy fence along the eastern front boundary
as per §179-5-070C(2).
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.
Afeasible alternative could include placing the
fence in a compliant location.
3.
Whether the requested area variance is substantial.
The request for 143 linear feet or 100% relief
for the placement of a 6 foot privacy fence within the non-architectural front yard as per §179-5-
070C(2) 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.):
None
Staff comments:
Per §179-5-070 - No fence over six feet in height shall be erected or maintained in any rear yard or side
yard except for corner lots where no fence over four feet in height shall be erected or maintained along
yards adjacent to public streets.
Type II
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Zoning Board of Appeals
Community Development Department Staff Notes