Staff Notes AV 8-2017 Mackowiak revised Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 8-2017
Project Applicant: Ronald & Cynthia Mackowiak
Project Location: 9 Glen Hall Drive
Meeting Date: February 15, 2017
SEQR Type: Type II
Description of Proposed Project:
Applicant proposes construction of a 440 sq. ft. detached garage. Project is also a second garage as
existing 290 sq. ft. canvas shed is to remain. Relief requested from minimum setback requirements and for
a second garage. Planning Board: Site Plan Review required as freestanding structure is located within 50
ft. of slopes that are in excess of 15 percent.
Relief Required:
The applicant requests relief from the minimum setback requirements and for a second garage.
Section 179-3-040 establishment of districts dimensional requirements, —Waterfront Residential Zone -WR
Revised
The new garage is to be located 5 ft. on the north and the south side and where a 20 ft. setback is required
and 12 ft on the east where a 30 ft setback is required.
Section 179-5-020 accessory structures -garage,
A detached second garage is proposed, where only one garage is allowed
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. A few neighboring properties also have garages.
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 limited
due to the configuration of the parcel and the existing home on the site. Possible alternatives could be
considered to renovate the garage storing boat items although ease of access to the home would be
limited.
3. Whether the requested area variance is substantial. The relief requested may be considered
substantial relevant to the code. Where relief is requested for having two garages and only one is
allowed. The setback relief would be considered substantial also where 15 ft relief for north and south
and 18 ft from the east is 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 may be considered to have
minimal impact on the physical or the environmental conditions of the area. The plans include
stormwater measures gutter downspout and infiltration; also shown is a boulder wall along the north
and east side of the building.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments•
The applicant proposes to construct a 440 sq. ft. second garage on a 0.81 acre parcel that has an existing
home. The applicant proposes to maintain the portable garage structure on the site for storage of the boat.
The applicant intends to remove canvas shed as part of the project as shown on the plans. The project is
also subject to site plan review due to the location of steeps slopes near the site.
Parcel History (construction/site plan/variance,
P-SP-9-2017; SP 9-2014 garage/addition/septic; 74-2014 garage; PZ 59-2016 garage BOTH 376-2015
Septic Alt.; BP 2015-058 demo most of residence; BP 2014-392 Res. Add. & Alt. and basement; BP 2014-
029 dock
Zoning Board of Appeals
Community Development Department Staff Notes