Staff Notes 2.21.24Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 4-2023
Project Applicant: Jay & Kim Ogden
Project Location: 17 Fitzgerald Road
Parcel History: AV 2-2021; SP 2-2021; AV 33-1995; AV 28-1995
SEQR Type: Type II
Meeting Date: February 21, 2024
Applicant proposes to construct a 1,526 sq. ft. detached second garage for vehicle storage. The garage is to be
18 ft. 10 inches in height. The site has an existing 2,061 sq. ft. home with 336 sq. ft. porch areas and garage
that are to remain with no changes. Permeability is decreased from 75.22% to 69.29%. Relief is requested for
second garage, size of garage, height of garage, and permeability.
The applicant requests relief for second garage, height of garage, and permeability. The project site is 0.71 ac
and located in the Waterfront Residential zone.
Section 179-3-040, Section 179-5-020 garage
The new garage is 1526 sf which exceeds the maximum allowed of 1100 sf for lots less than 5 ac, height of the
garage where it is to be 18 ft 10 inches and the maximum allowed is 16 ft in Waterfront Residential zone, and
site permeability where 69.29% is proposed and 75% is required. Relief is also requested for two garages
where only one is allowed.
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 project may be
considered to have little to no impact on the neighboring properties, as items are currently stored outside in
area of garage.
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 limited due to the size
of the parcel and location of the existing home.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. The relief requested for more than one garage, oversized garage-426 sf, garage over height by 2 ft
10 inches, permeability 5.71%.
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 a 1526 sq ft detached garage for storage of boats and RV so they can be inside a
building instead of exposure to outside weather elements. The plans show the location of the existing home and
the proposed garage area.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: