Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 35-2023
Project Applicant: Rhianna Hogan-Cerro
Project Location: 117 Birdsall Road
Parcel History: AV 56-2010; SP 67-2010; AV 49-2001
SEQR Type: Type II
Meeting Date: August 23, 2023
Applicant proposes to remove an L-shaped dock of 150 sq. ft. to replace with a straight dock of 150 sq. ft. The
dock is to be 5 ft. by 30 ft. A portion of the dock is on land of 24 sq. ft. and on 15 sq. ft. is proposed as part of
the new dock to be on land. The proposed dock is in a similar location. There are no other changes to the site or
existing 1,809 sq. ft. home. Relief is requested for setbacks.
The applicant requests relief for setbacks to install a dock. The project site is on a 0.228 acre parcel in the
Waterfront Residential zone.
Section 179-3-040 WR & 179-5-060 docks
The new dock is to be 14 ft. from the east property line where a 20 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. Minor to no impacts to the
neighborhood character 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. Feasible alternatives may be limited due to the current
location of the dock to be replaced.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. Relief is for dock setback on the east is 6 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant proposes replacement of an L –shaped dock with a straight dock. The information submitted
shows the photos of the existing conditions where a portion of the dock has buckled. The plans show the
location of the existing and the new dock.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: