Staff Notes 1.18.23Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 57-2022
Project Applicant: Russell Thomas
Project Location: 23 Highpoint Drive
Parcel History: SP 17-2022; SUB 4-1992
SEQR Type: Type II
Meeting Date: January 18, 2023
(Revised) Applicant requests to install a 160 sq. ft. shed 3 ft. from property line. The existing home of 2,717 sq.
ft. with porches to remain with no changes. The existing 192 sq. ft. shed received a permit in 2006 for a location
different than current location. Relief is requested for setbacks.
The applicant requests relief for placement of a 160 sq ft shed. The parcel is 1.17 ac located in the MDR zone.
Section 179-3-040, Section 179-5-020 accessory
The applicant proposes the shed to be 3 ft. from the property line where a 10 ft. setback is required.
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the nei ghborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor impacts to the
neighborhood may be anticipated. The project is within 3 ft of the adjoining property line.
2. Whether the benefit sought by the applica nt can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to locate the
shed to a compliant location. The applicant has not addressed the existing shed status.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial.
Relief requested is 7 ft.
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 impact.
5. Whether the alleged difficulty was self -created. The difficulty may be considered self-created. The
applicant has indicated the existing shed has already been moved at least once, and the new smaller shed is
proposed to be placed too close to the property line.
The applicant has provided limited information about the new project. The application was tabled at the
November 30, 2022 meeting with information due by December 15th. The applicant provided an email that
indicated new shed of 160 sq ft was proposed and to be located 3 ft from the property line. Further , the
applicant emailed photos of the proposed shed. The applicant was directed to provide 15 copies of the updated
information including an updated plot plan showing the new shed and setbacks to the new location as well as
the photos of the shed by December 22nd – no additional information has been received. Noting if the shed is
smaller in size then it would not appear to be used as screening as mentioned at the previous meeting.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: