Staff Notes 5.15.24Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 16-2024
Project Applicant: Redbud Development, Inc.
Project Location: 226 Lake Parkway
Parcel History: SP 13-2004; AV 72-2005; SP 53-2005
SEQR Type: Type II
Meeting Date: May 15, 2024
(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).
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 existing home.
3. Whether the requested area variance is substantial. The relief requested may be considered minor
relevant to the code. Relief for side setback of the pavilion is 6 ft 4 inches, the shoreline setback is 13 feet 5
inches. Floor area relief 3,236 sf remainder new floor area is for an outdoor pavilion of 438 sf (house built
in 2005 may not have included basement area in original floor area). Relief is requested for stormwater
device less than 35 ft to the shoreline.
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 on the environmental conditions of the neighborhood.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The project is for an open side pavilion of 438 sf addition and site alterations to improve the shoreline planting
and stormwater management for the site. The plans show the location of the addition and walkway including
elevation renditions. The plans also show the extensive planting and site work to improve the shoreline buffer
and stormwater management. The applicant has removed the covered walkway to the basement area and has
proposed no alterations to the dormers.
Staff comments: