Staff Notes 7.17.24Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 15-2024
Project Applicant: Patten Property Development
Project Location: 96 Hall Road
Parcel History: SP 11-2024
SEQR Type: Type II
Meeting Date: July 17, 2024
(Revised) Applicant proposes to construct a new 2,482 sq ft (footprint) home with 47 sq ft porch/deck area with
a floor area of 4,639 sq ft. The existing home has been demolished and there are other items to be demolished as
well. The project includes a lot line adjustment to increase the lot size from 12,690 sq ft to 18,911 sq ft. The lot
line adjustment allows for direct access to Hall Road from the lot (previous access was through adjoining lot).
Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. The project
includes a new dock system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new
floor area. Relief requested for setbacks, height, floor area, road frontage, and number of garages.
The applicant requests relief for permeability, setbacks, height, floor area, road frontage, dock location and
number of garages. The project site is to be on a 0.43 ac parcel in the Waterfront Residential.
Section 179-3-40
The new home is to be located 37 ft 1 inches from the shoreline where a 50 ft setback is required, the floor area
is to be 4,639 sf where the maximum allowed is 4,004 sf, the height is to be 32 ft 6 inches where the maximum
allowed is 28 ft. Relief for road frontage where 46.2 ft is proposed and 150 ft is required for WR zone and for
the number of garages where one is allowed at 1,100 sf and three are proposed due to the house design less than
1,100 in total. A U-Shaped dock is proposed to be 6 ft 3 inches from the property line project where a 20 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. The project may be
considered to have little to no impact on the neighboring properties.
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 considered to reduce
the size of the home.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. Relief is requested for 12 ft 11 inches from the home to the shoreline, 635 sf of floor area greater
than allowed, 4 ft 6 inches taller than allowed, 103.8 ft less than required for road frontage, and 2 more
garages than allowed. Relief for the dock location is 13 ft 9 inches.
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 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.
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
The applicant proposes to construct a new home with associated site work. The increase in parcel size will
allow for direct access to Hall Road Extension. The plans show the location of the home and driveway access
to the home. The plans also show the location of the docking system in relation to the property line. The
revision includes additional permeability with the proposed permeable driveway area and a reduction in the
house size.
Staff comments: