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Staff NotesTown of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 31-2023 Project Applicant: Queensbury Avenue, LLC. Project Location: 446 Dix Avenue Parcel History: SP 54-2023; PZ 60-2016; SP 34-95 SEQR Type: Type II Meeting Date: August 16, 2023 Applicant proposes an 1,818 sq. ft. single story addition of a convenience store to an existing 3,514 sq. ft. building with access to each use internally. The existing building is for Cameron’s Deli and has an existing basement and a garage with a second story. The project includes construction of a 1,458 sq. ft. gas canopy with 6 fueling stations. The site work includes stormwater management, lighting, and landscaping. Site plan for new commercial use in the CM zone. Relief is requested for setbacks. The applicant requests relief for setbacks for the construction of gas canopy associated with construction of convenience store addition to an existing store. The project site is on a 1.35 ac parcel in the commercial moderate zone. Section 179-3-040 CM The proposed 1,458 sq. ft. gas canopy is to be located 56.9 ft. from the Dix Avenue setback where a 75 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 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 considered to align the canopy with the proposed addition. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 18.1 ft from the front setback. 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 impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. The proposed gas canopy is proposed with the new addition to the existing building. The building would be 5,332 sq ft that would include the new convenience store, the existing Cameron’s Deli with the garage. The plans indicate there are to be 6 fueling stations; the dimensions of the distance between parking and traffic flow are provided on the same plan. Description of Proposed Project: Relief Required: Criteria for considering an Area Variance according to Chapter 267 of Town Law: Staff comments: