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Staff Notes 7.17.24Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 36-2024 Project Applicant: Stephen Haraden Project Location: 334 Cleverdale Road Parcel History: SP 36-2024; AV 13-2021; SP 11-2021 SEQR Type: Type II Meeting Date: July 17, 2024 Applicant requests as-built conditions for a 2021 project for a new 3 bedroom home with associated site work. The as-built conditions include a home of 2,751 sq ft footprint with a 232 sq ft porch/deck area, hard surfacing within 50 ft of the shoreline, and other hard surfacing In addition, there has been relocation of the rain gardens and house. Site plan for hard surfacing within 50 ft of shoreline and request for as-built conditions. Relief requested for floor area, permeability and setbacks. The applicant requests relief for permeability and setbacks for unapproved modifications to a recently constructed home and site work. The project site is on a 0.35 acre parcel in the Waterfront Residential zone. Section 179-3-040 WR The new home is located 15.9 ft from the north property line where a 20 ft setback is required. Relief is requested for floor area where 4,391 sq ft is existing and maximum allowed 3,363 sf noting previously approved was 4,312. The rain gardens are located 30 ft from the shoreline where a 35 ft setback is required for stormwater devices. The permeability for the site is 71% where 75% is required. The rain gardens are now less than 35 ft from the shoreline where a 35 ft setback is the minimum for stormwater device. 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 considered to improve the permeability of the site. The setbacks may be considered limited due to the request for as-built conditions. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 4.1 ft from the north side yard and 1,028 sf of floor area noting only 79 sf larger than approved. The new permeable relief is 4%. The stormwater device relief is 5 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The applicant proposes no changes to the existing site conditions. 5. Whether the alleged difficulty was self-created. The difficulty 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 requests approval of a newly constructed home. The original project in 2021 was to remove the existing home and detached garage. The new home and site are different than proposed in 2021. This includes a slightly larger building footprint, new hard surfacing within 50 ft of the shoreline, new hard surfacing for the driveway configuration and relocation of the rain gardens. The plans show the as built conditions from a current survey. Staff comments: