Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 60-2024
Project Applicant: Jennifer & David Luce
Project Location: 91 Rockhurst Road
Parcel History: SP 64-2024; SP 72-2017; AV 41-2002; SP 14-2002
SEQR Type: Type II
Meeting Date: October 16, 2024
Applicant proposes alterations to an existing home. The deck is to be removed & replaced with a 339.19 sq ft
deck and 107 sq ft storage area beneath it. A portion of the roof for back and front to change to a gable roofline.
Site plan for new hard surfacing within 50 ft of shoreline and new floor area. Relief requested for setbacks,
floor area, fence location, and permeability.
The applicant requests relief for setbacks, floor area, and permeability for alterations to an existing home. The
project is located at 91 Rockhurst Road on a 0.21 ac parcel in the Waterfront Residential zone.
Section 179-3-040
The relief requested for the new roofline area is 26 ft from the front where a 30 ft setback is required, then the
new roofline as the shoreline side is to be 45 ft 2 inches where a 50 ft setback is required. Relief for the
shoreline setback where the deck is to be 36 ft where a 50 ft setback is required (noting the existing deck is
currently 36 ft setback), The deck is to be 8 ft 4 inches from the side property line where a 20 ft setback is to be
required. Floor area request where proposed is 2,944 sq ft then existing is 2,837 sq ft and maximum allowed is
2,069.78 sq ft. Fence less than 50 ft from the shoreline.
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 limited due to the
location of the existing home and lot size.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The front roof setback relief is 4 ft, the rear roof setback relief is 4 ft 10 inches, Deck setback to
shoreline relief is 4 ft, deck setback side relief is 11 ft 8 inches, floor area relief is 874.22 sf more than
allowed, noting only 107 sf is new. Existing fence and proposed fence same location just a new fence still
within 50 ft of the shore relief requested.
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.
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 project as proposed may be considered self-created.
The applicant proposes alterations to an existing home for new gable roof sections, replacement of an existing
deck and storage underneath. The plans show the building elevation view of the existing and proposed. The
project includes new shoreline plantings and stormwater for the site.
Staff comments: