Staff Notes 01.18.23Town 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: January 18, 2023
(Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition
to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to
construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new fl oor area is 3,225 sq. ft. Site work includes
installation of an on-grade paver patio area, stone slab path, enlarging the fire pit area, and reduction of hard
surfacing also proposed. In addition, there is to be a rain garden and shoreline plantings added to the site. There
are no changes to the existing 1,152 sq. ft. floor area garage with living space. Site permeability was reduced
prior to submission as part of parking arrangement on the site. 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
permeability, 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 permeability where 71.6% is proposed and 75% is required. The deck to be setba ck 39
ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100 ft. is required.
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 achieved 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 permeability is 3.4% and 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 print area of the new deck. The applicant has explained prior to site plan the parking area
was redone and as part of the site plan process it was determined the permeability was reduced from 75% to
71.6%. Town Staff conducted a site visit in December. The project has been revised with the number of
bedrooms remaining at 4 where two will be in the existing home and two in the upstairs of the garage.
Staff comments: