Staff Notes 10.18.23Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 32-2023
Project Applicant: Richard & Stefanie Mechanick
Project Location: 13 Dawn Road
Parcel History: n/a
SEQR Type: Type II
Meeting Date: October 18, 2023
Applicant requests to maintain a detached garage of 1,064 sq. ft. with a 576 sq. ft. dwelling within. The site has an
existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was
approved with a garage and home office in 1992. The existing building with detached garage and dwelling is 1,640 sq. ft.
and the existing home is 1,588 sq. ft. where there are no changes to the footprints of either building. Relief is requested f or
dwelling size and density.
The applicant requests relief to maintain two separate dwellings –density relief is needed for two dwellings on lot and the
apartment is less than 800 sq. ft. - dwelling size relief is needed. The project is located on a 0.86 ac parcel in the
Moderate Density zone.
Section 179-3-040 dwellings & 179-5-090 floor area size
The applicant proposes to maintain two dwellings where there is a main house and then an existing detached garage with a
576 sq. ft. dwelling unit where 800 sq. ft. is required for a single-family dwelling unit. The site would allow for one single
family dwelling.
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 possible to remove the
elements of the second dwelling.
3. Whether the requested area variance is substantial. The relief requested may be considered significant
relevant to the code. Relief requested for 224 sf less than allowed for a single-family dwelling. Relief for
two dwellings on one parcel of 0.86 ac where 4 ac is required for two dwellings.
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 to no impact.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Applicant proposes to maintain the existing home and a dwelling unit in a garage. The
applicant has indicated upon purchasing the property the dwelling unit in the garage had been used as such.
Staff has reviewed the documents for the building permits for this site; the space in the garage was granted
approval for a home office. The applicant has indicated there are no changes to the site or buildings. The plans
show the location of the home and the floor plan of the garage and second dwelling.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: