Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 21-2023
Project Applicant: Great Escape Theme Park, LLC.
Project Location: 1172 State Route 9
Parcel History: SP 44-2023; FWW 8-2023; AV 6-2022; SP 22-2022; SP 3-2022; FWW 1-2022; SP 3-
2020; SP 3-2019; SP 54-2019; SP 67-2019; SP 15-2018; SP 5-2017; SP 28-2017
SEQR Type: Type II
Meeting Date: June 21, 2023
Applicant proposes to construct two pergolas attached to the existing 2,830 sq. ft. building. The front pergola is
490 sq. ft. and the rear pergola is 430 sq. ft. with the intent to provide shade for customers. The project area for
the front is existing hard-surfacing and the rear pergola is a landscape mulch area; the rear area pergola is to
have permeable pavers installed. Site plan for the new pergolas in the RC zone. Relief is requested for setbacks
and permeability.
The applicant requests relief for setbacks and permeability. The building #62 is on a 238 ac parcel in the
Recreation Commercial Zone RC.
Section 179-3-040 RC dimensional, Chapter 94 Wetland dimensional
The front pergola is to be 16.5 ft. from the front where a 75 ft. setback is required. The rear pergola is 66.8 ft.
from the front setback where a 75 ft. setback is required and is located 32.5 ft. from the shoreline. Permeability
for project area work defined as 3,754 sq. ft. where 100% to be impermeable where 30% 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.
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. The feasible alternatives may be limited due to the
location of the existing building, surrounding buildings and the site conditions.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. Relief requested for front pergola front setback of 58.5 ft., rear pergola front setback is 8.2 ft. The
relief for the rear pergola wetland setback is 42.5 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 as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant proposes to construct two pergolas to existing structure to provide shade for customers. The
plans show the location of the pergola locations. The plans show elevation views of how the new pergola and
existing building floor plan ticket area for customers.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: