Resolution (Fuchs) 2.15.23
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Drs. Marc & Betsy Fuchs
File Number: AV 5-2023
Location: 19 Wood Point Lane
Tax Map Number: 239.14-1-2
ZBA Meeting Date: February 15, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from Drs. Marc & Betsy
Fuchs. Applicant proposes a 272.25 sq. ft. (footprint) partially open carport addition to the existing garage of
509 sq. ft. The carport is to be on the North side of the garage. The existing home of 2,910 sq. ft. footprint is to
remain. The floor area is to be 3,686 sq. ft. The project is an expansion of a non-conforming structure. Site plan
review for new floor area in a CEA (179-6-065). Relief is requested for setbacks and permeability.
The applicant requests relief for setbacks and permeability for the construction of a carport addition. The project
is on a 0.69 ac parcel located in the Waterfront Residential Zone, Lake George
Section 179-3-040 dimensional, 179-5-020 garage
The applicant carport addition is to be 12.9 ft from the header to the property line where a 20 ft setback is
required. The permeability is to be 69.70% where 75% is required. The previous area variance did not identify
the permeability for relief.
SEQR Type II – no further review required;
A public hearing was advertised and held on February 15, 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 nothing really is going to change except the addition of a carport.
2. Feasible alternatives aren’t really feasible because of the location they wish to load the carport.
3. The requested variance is not substantial. It requires only minimal relief.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district
in the immediate vicinity of the project.
5. The alleged difficulty is self-created because they do want to create this.
Relief Required:
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. 5-
2023, Introduced by James Underwood, who moved for its adoption, seconded by Michael McCabe:
Duly adopted this 15th Day of February 2023 by the following vote:
AYES: Mr. Keenan, Mrs. Palacino, Mr. Henkel, Mr. Cipperly, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. Kuhl