Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 33-2023
Project Applicant: Renee & Tom West
Project Location: 79 Knox Road
Parcel History: AV 53-2022; SP 71-2022; FWW 15-2022
SEQR Type: Type II
Meeting Date: August 23, 2023
Applicant proposes construction of a new garage in a different location from a previous approval associated
with construction of a new home. The new location allows for less disturbance of an existing embankment area.
The garage is a detached garage with a footprint of 1,050 sq. ft. and is to be two story with a bunk room and no
kitchen facilities. There is no change to the proposed construction of the new home with a footprint of 3,190 sq.
ft. and porch/deck area of 125 sq. ft. There are no changes to the proposed 8,720 sq. ft. floor area which
includes basement areas and both floors of the garage and main home. Relief is requested for setbacks.
The applicant requests relief for setbacks for a proposed detached garage of 1,050 sq. ft. that is associated with
the construction of a new home. The project site is 1.22 ac parcel and is within the Waterfront Residential zone.
Section 179-3-040 WR and Chapter 94 Wetlands
The garage is to be 42 ft. from the wetland where a 50 ft. setback 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. The proposed project may
have little to no impact on the neighboring properties or neighborhood character.
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 considered to reduce
the size of the building to meet the setback.
3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to
the code. Relief is requested 8 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 project as proposed may be considered self-created.
The applicant proposes to construct a detached garage in a different location than previously approved to reduce
the amount of disturbance due to a bank area on the property. The project is associated with the construction of
a single-family home. The plans show the approved garage location and proposed garage location.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: