Staff NotesTown of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 33-2012
Project Applicant: Brown-Bitner
Project Location: 32 Knox Road
Meeting Date: July 18, 2012
Description of Proposed Project:
Applicant proposes renovation to existing 1,076 sq. ft. one bedroom boathouse to include installation of
hip roof and reconfiguration of living space resulting in a +/- 786 sq. ft. studio with +/- 290 sq. ft.
sundeck. Relief requested from the height requirement of the WR zone as well as relief for the expansion
of a nonconforming structure.
Relief Required:
Parcel will require area variances as follows:
1. Height – Request for 7.65 feet of height relief from the 16 foot maximum height allowed as per
§179-5-060.
2. Expansion of a Non-conforming structure.
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.
Feasiblemethods would include designing a
height compliant structure for this proposal.
3.
Whether the requested area variance is substantial.
The request for 7.65 feet or 48% relief from
the 16 foot maximum height as per §179-5-060 may be considered moderate relative to the ordinance.
Expansion of a non-conforming structure must be approved by this board as per 179-13-010F.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Minorimpacts on the environmental
conditions in the neighborhood may be expected.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self-created.
Parcel History (construction/site plan/variance, etc.):
A.V. 33-12 Height variance Pending
S.P. 14-2007 Hard-surfacing w/in 50 ft. of shore Approved 6/17/08
A.V. 9-2008 Lot size relief Approved 3/19/08
Staff comments:
Per §179-5-060A(6), ‘The maximum surface of any superstructure built upon and/or above any dock
shall be 700 square feet’. Regardless of the change to the floor plan for the boathouse, the existing and
proposed conditions have not changed with this application and as such the non-conformity has not been
reduced as stated in the applicant’s narrative; superstructure size is 1076 sq. ft., 376 sq. ft. above the
maximum size allowed in the existing zoning code and overall proposed height is 23.65 versus the
allowable height of 16 feet.
Per §179-5-060A(11)Boathouses and covered docks shall not exceed 16 feet in height measured from the
MHW mark to the highest point of the structure.
Type II
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Zoning Board of Appeals
Community Development Department Staff Notes