Staff Notes March 16, 2016 ZBA Mtg. Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 51-2015 (PZ-0021-2015)
Project Applicant: Burnett Family Trust
Project Location: 11 Andrew Drive
Parcel History: SB 8-2015,BP 2004-677 Dock
SEQR Type: Type II
Meeting Date: March 16,2016
Description of Proposed Project:
Applicant proposes a 2-lot subdivision; lot size 28,661 sq. ft. Lot A and 28,730 sq. ft. Lot B. Relief requested
from minimum road frontage, water frontage, and lot width requirements. Also, relief is requested from
minimum lot size, property line setbacks for the WR zoning district. Subdivision approval is required for the
creation of two lots from the one parent lot.
Applicant has submitted additional project information. The document includes details on the history of the
existing parcel being at one time two parcels, an average acreage of parcels, lake frontage and square footage of
living area near to the project site.
Relief Required:
Relief requested from the following sections of the Zoning Ordinance. 179-3-040 Establishment of Districts—
Waterfront residential, 179-4-050 frontage where Lot A does not have physical access.
Parcel will require area variance as follows:
Road Water frontage Lot width Lot size Lot A Lot B side
frontage side setback
Setbacks
Required 150 ft 150 ft 150 ft 2 ac 20 ft 20 ft
Proposed 87 ft each Lot A 90 ft, 87 +/-ft Lot A 28,661 Lot A Lot B patio 2.8
sq. ft(0.66 ac) 5.19 ft, ft, covered
Lot B 90 ft
porch 6.2 ft
Lot B 28,730
sq. ft. (0.66 ac)
Relief 63 ft each Lot A 60 ft, 63 +/-ft Lot A 58,459 14.81 ft Patio 17.2 ft,
sq ft(1.34 ac)/ porch 13.8 ft
Lot B 60 ft
Lot B 58,390
sq ft (1.34ac)
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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 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 as the intent is to
separate the two buildings onto individual lots
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code.
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 have minimal to
no impact to the neighborhood where it is residential along Lake George.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created
Staff comments:
The applicant requests relief for the subdivision of a parcel with two existing homes where variance relief is
required. The applicant proposes a two lot subdivision of a 1.32 acre parcel located in the waterfront residential
zone. The real property information on the parcel indicates the cottage is on the south property and the cabin is
located on the north parcel. The applicant has submitted additional information about the project site and the
history of the two camps.
Zoning r e Is
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of CZeenshury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Burnett Family Trust& Estate of David Burnett �C 7 "� �� All
File Number: AV 51-2015 &PZ-0021-2015
Location: 11 Andrew Drive
Tax Map Number: 239.18-1-12
ZBA Meeting Date: Wednesday, March 16, 2016
The Zoning Board of Appeals of the Town of Queensbury has received an application from: Burnett Family
Trust& Estate of David Burnett. Applicant proposes a 2-lot subdivision; lot size 28,639 sq. ft. Lot A and
28,754 sq. ft. Lot B; no changes to existing homes or features, driveway. Applicant has submitted additional
project information. Relief requested from minimum road frontage, water frontage, lot width requirements,
and lot A for not having physical road frontage. Also,relief is requested from minimum lot size, property line
setbacks for the WR zoning district. Subdivision approval is required for the creation of two lots from the one
parent lot.
SEQR Type II—no further review required;
A public hearing was advertised and held on; September 16, 2015, November 18, 2015,
December 16, 2015; January 20, 2016; and March 16, 2016
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. Is the alleged difficulty is/is not self-created because
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6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
d)
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA
VARIANCE NO. 51-2015 and PZ-0021-2015, Burnett Family Trust & Estate of David Burnett,
Introduced by , who moved for its adoption, seconded by
Duly adopted this 16th day of March 2016 by the following vote:
AYES:
NOES:
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