Staff Notes 03.22.23Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 63-2022
Project Applicant: 3 Sons and Holly, LLC.
Project Location: 28 Holly Lane
Parcel History: SP 76-2022
SEQR Type: Type II
Meeting Date: March 22, 2023
(Revised) Applicant proposes alterations to an existing home and site. The project includes a 72 sq. ft. covered
porch and 238 sq. ft. addition to the existing home. There is to be a deck addition of 365 sq. ft., a ground level
patio of 297 sq. ft. and landscape rocks for path and firepit area. The parking area is to be reduced hard
surfacing and installing an area of reinforced turf. In addition, there is to be a rain garden and shoreline
plantings added to the site. The existing floor area of 2,809 sq. ft. to be increased to 3,047 sq. ft. There are no
changes to the existing 1,152 sq. ft. floor area garage with living space. Site plan for new floor area in a CEA,
expansion of nonconforming structure, and hard-surfacing within 50 ft. of the shoreline. Relief is requested for
expansion of a nonconforming structure and setbacks.
The applicant requests relief for permeability, expansion of a nonconforming structure, and setbacks for
residential additions and site work. The project site is on a 0.34 ac parcel in the WR zone.
Section 179-3-040 dimensional
Relief is requested for the deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device
proposed to be 35 ft. where 100 ft. is required. Relief for permeability is no longer requested as project is to be
75.3% permeable.
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. The applicant proposes alterations to an existing home and site.
2. Whether the benefit sought by the applicant can be a chieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the location
of the existing home near the shoreline.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. The relief requested for shoreline setback relief is 11 ft. for the deck and 65 ft. for
stormwater device.
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. Stormwater controls are
proposed.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
5. Whether the alleged difficulty was self -created. The difficulty may be considered self-created.
The applicant proposes alterations to the existing home to create a new entryway. The additional work includes
a new deck to the back of the home and patio area improvement. The plans show the new addition entry
elevation and the floor plan area of the new deck. The home and garage will remain with 4 bedrooms total
where two will be in the existing home and two in the upstairs of the garage.
Staff comments: