Resolution 5.15.24
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Redbud Development Inc.
File Number: AV 16-2024
Location: 226 Lake Parkway
Tax Map Number: 226.19-1-82
ZBA Meeting Date: May 15, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Redbud
Development Inc. (Revised) Applicant proposes to construct a 438 sq ft pavilion addition to an existing home
and maintain the dormers of the home. The project work includes improving permeability on the site, a new
planting plan, updated patio walkway areas, retaining wall near hot tub area and new boulder walls on the site.
Project includes existing and new stormwater management. The shoreline area is to be improved with plantings
and retaining wall. Site plan for new floor area in the CEA and hard surfacing within 50 ft of the shoreline.
Relief requested for setbacks, floor area, and stormwater management setbacks.
The applicant requests relief for setbacks, floor area, and stormwater management setbacks. The project is
located on a 0.62 ac site in the Waterfront residential zone.
Section 179-3-040 dimensional, 179-6-065 new floor area,
The applicant proposes a new open side pavilion addition to the existing home to be 13 ft 8 inches from the
south side of the home where a 20 ft setback is required. The shoreline setback is to be 36 ft 7 inches where a 50
ft setback is required. The new stormwater management along the retaining wall area is less than 35 ft. The
new floor area is to be 9,165 sq ft reduced by 127 sf where the maximum allowed is 5,929 sq ft and existing is
8,740 sq ft (house built in 2005 may not have included basement area in original floor area).
SEQR Type II – no further review required;
A public hearing was advertised and held on March 20, 2024, March 27, 2024, & May 15, 2024.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. It’s covering over a patio, and so the permeability is going to be considerably improved over
what currently exists with nothing on site to collect rainwater.
2. Feasible alternatives will be that there will be no shoreline improvements to the project as agreed upon and
it will minimize the request.
Relief Required:
3. The requested variance is not considered to be substantial because they’re just covering over a patio area
and it will allow some cover from the elements and sunshine on the property.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
As it will be preserving essentially what currently exists along the shoreline.
5. The alleged difficulty is self-created, but it’s also created by the fact that zoning has changed since the
original building was built 20 plus years ago.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) The applicant has agreed to remove the proposed waterfront work as it exists below the level of
the patio down to the lakeshore (planting plan, shoreline sea wall).
b) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 16-
2024, Introduced by James Underwood, who moved for its adoption, seconded by Ronald Kuhl:
Duly adopted this 15th Day of May 2024 by the following vote:
AYES: Mr. Henkel, Mrs. Palacino, Mr. Keenan, Mr. Kuhl, Mr. Urrico, Mr. Underwood
NOES: Mr. McCabe
ABSENT: Mr. Cipperly