Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 27-2023
Project Applicant: Elizabeth Hogan
Project Location: 105 Fitzgerald Road
Parcel History: SP 53-2023
SEQR Type: Type II
Meeting Date: August 16, 2023
Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft. of
the shoreline. The sauna and lean-to were constructed as amenities to the lake. The existing 1,682 sq. ft.
footprint home is to remain. The existing site conditions and steps are to remain with no changes. Site plan for
new floor area in a CEA and hard surfacing within 50 ft. of shoreline. Relief is requested for setbacks.
The applicant requests relief for setbacks for an already constructed lean-to and sauna. The project parcel is
2.42 ac and is located in the Waterfront Residential zone.
179-3-040 WR & 179-5-020 accessory structures
The Sauna is 24.5 ft. from the shoreline and the Lean-to is 17 ft. from the shoreline where a 50 ft. shoreline
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
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 location of the accessory
structures and the slope of the property.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code
for setbacks. The side setback relief for the Sauna is 25.5 and the lean-to is 33 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 will have minimal impact to the environmental
conditions of the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant requests to maintain two accessory buildings near the shoreline. The Lean-to is an open structure
and used to store life jackets and items used on the lake. The Sauna was constructed from a kit and due to the
proximity to the shore is subject to setback requirements. The applicant had to wait for the survey to be
completed prior to presenting the project information to the board.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: