ZBA AV resolution approval Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
Area Variance Resolution To: Approve
Applicant Name: Magical Shore Acres, LLC
File Number: Z-AV-20-2017
Location: 10 Wood Point Lane
Tax Map Number: 239.18-1-21
ZBA Meeting Date: Wednesday, March 29, 2017
The Zoning Board of Appeals of the Town of Queensbury has received an application from Magical Shore
Acres, LLC. Applicant proposes a 1,284 +/- sq. ft. (floor area) residential addition. The project also includes
construction of a 960 sq. ft. three-car garage with new access pathway from existing driveway to a new 336 sq.
ft. carport and new house entryway area.
The applicant requests relief from minimum setback requirements and for a new carport as the second garage.
179-3-040 Establishment of Districts —dimensional requirement WR zone
The applicant proposes a 447.3 sq. ft. residential infill in the court yard area of the home where 197.3 sq. ft. is
61 ft. from the shoreline and there is 187 sq. ft. residential infill in the lower level where 91 ft. is 65 ft. from the
shoreline where a 75 ft. setback is required.
Section 179-5-020 accessory structures -gara"e,
The applicant proposes 336 sq. ft. car port area for the utv parking - a car port is considered a second garage,where only
one garage is allowed
179-13-010 Expansion of non conforming
The existing home is pre-existing non-compliant and the addition furthers the non-compliance towards the
shoreline.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday, March 29, 2017;
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:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because the changes that are being made are very superficial compared to the overall layout of the land.
2. Feasible alternatives have been considered but are deemed not reasonable.
Page 1 of 2
3. The requested variance is not substantial because the changes that are being made are more for safety and
for improvements to the overall layout of the property.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district?
In fact we feel that this project will improve the environmental conditions.
5. Is the alleged difficulty is of course self-created.
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) 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;
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE Z-AV-20-
2017, Magical Shore Acres, LLC, Introduced by Michael McCabe, who moved for its adoption, seconded by
Michelle Hayward:
Duly adopted this 29th day of March 2017 by the following vote:
AYES: Mr. Urrico, Mr. Henkel, Mr. Underwood, Mr. McCabe, Mrs. Hayward, Mr. Jackoski
NOES: NONE
ABSENT: Mr. Freer
Page 2 of 2