Staff Notes 10.16.24Town 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: October 16, 2024
(Revised) Applicant proposes to construct a new 2,267 sq ft (footprint) home with 255 sq ft porch/deck area
with a floor area of 5,147 sq ft. The existing home has been demolished and there are other items to be
demolished as well. The project includes combining an adjoining lot owned by the applicant into the existing
lot which will increase the overall lot size from 0.29 acres to a total of 0.76 acres. This combination of lots will
provide frontage for the property and allow access directly from Hall Road. 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, number of garages, and fence type in front yard.
The applicant requests relief for setbacks, height, and number of garages. The project site is to be on a 0.76 ac
parcel in the Waterfront Residential (combined two parcels).
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 height is
to be 32 ft 6 inches where the maximum allowed is 28 ft. Relief 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.
Relief is no longer required for floor area, road frontage, and dock as the applicant has combined two parcels
as part of the project for a new home. The fence type and height has been revised to be 4 ft and picket
nonprivacy.
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, 4 ft 6 inches taller than
allowed, and 2 more garages than allowed.
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
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.
The applicant proposes to construct a new home with associated site work. The applicant revised the
application to combine both parcels and to construct only one home. The plans show the location of the home
and driveway access to the home. The plans also show the location of the docking system to be 20 ft from each
property line. The revision includes additional permeability as the driveway is proposed as permeable
pavement.
Staff comments: