Resolution 1.18.23ILI
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
7611,13 of Queensbury
Area Variance Resolution To: Approve
Applicant Name: Michael Rozell
File Number: AV 1-2023
Location:. 56 Reardon Rd.
Tax Map Number: 289.7-1-17
ZBA Meeting Date: January 18, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from Michael Rozell.
Applicant proposes removal of existing homes/buildings and driveway area to construct a new home of 2,201
sq. ft. with porch areas of 274 sq. ft. and 158 sq. ft. footprint. The new floor area is 3,819 sq. ft. The project
includes a new driveway area, septic, well, and shoreline plantings. Site plan for new floor area in a CEA.
Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for construction of new single family home. The project is located in
the WR zone on a 0.41 ac parcel.
Section 179-3-040 dimensions
The new home is proposed to be located for the side yard north 14.5 ft proposed where 20 ft is required. The
project improves the site permeability from 70.1 % to 72.3% so no variance is required for permeability.
SEQR Type II — no further review required;
A public hearing was advertised and held on January 18, 2023.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because it's actually an improvement. It gets rid of some nonconforming uses and it puts in much more
erosion control than is there today.
2. Feasible alternatives have been considered. They're really not possible. You can't take the buildings that
are there and turn them into something that's much better.
The requested variance is not substantial because it replaces some nonconforming uses and adds a fair
amount of erosion control.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
In fact there's neighbor support for the project.
5. The alleged difficulty I'm not sure it's self-created because what you have you can't use. We'll call it self-
created because it's your choice to do it.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 1-
2023, Introduced by Richard Cipperly, who moved for its adoption, seconded by John Henkel:
Duly adopted this 18th Day of January 2023 by the following vote:
AYES: Mr. Urrico, Mr. Underwood, Mrs. Palacino, Mr. Keenan, Mr. Henkel, Mr. Cipperly, Mr. McCabe
NOES: NONE
ABSENT: Mr. Kuhl