Staff Notes 8.24.22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 35-2022
Project Applicant: Rebecca Gearwar
Project Location: 10 Applehouse Lane
Parcel History: n/a
SEQR Type: Type II
Meeting Date: August 24, 2022
Description of Proposed Project:
Applicant requests to be tabled to the September meeting for a Full board. (Tabled to September 211)
(Revised — additional fence site details) Applicant proposes to install an eight -foot -high fence on the
northwest side of the property. Fence to be a privacy fence. The existing home of 1,867 sq. ft. which includes
garage and porch will remain with no changes. Relief requested for height of fence type.
Relief Required:
The applicant requests relief for height of fence type. The lot is 16,988 sq ft and located in the MDR zone.
179-5-070 Fence
The fence to be installed is 68 ft in length and to be placed on the west property line; it will be 8 ft in height and
a 24 ft south section connected to the house also at 8 ft in height as a privacy fence.
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 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 reduce the
height. The applicant has explained the property to be fenced is lower than the adjoining property.
3. Whether the requested area variance is substantial. The relief requested may be considered minor
relevant to the code. The relief requested is for height and is 2 feet.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal to no impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created.
Staff comments:
The applicant proposes to install a fence on the west property line that exceeds the height of fence allowed. The
information submitted shows the location of the fence and type of fence to be installed. The applicant has
indicated it is needed for privacy and security. The applicant has included photos and has a video of the site
indicating the slope difference between the two properties- as part of the update for the application.