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Staff Notes AV 1-2011_Cherry Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 1-2011 Project Applicant: Douglas and Muriel Cherry Project Location: Fitzgerald Road, Glen Lake Meeting Date: January 19, 2011 Description of Proposed Project: Applicant proposes construction of a 2,052 sq. ft. single-family dwelling on a 0.54 acre parcel adjacent to Glen Lake. Relief Required: Applicant requests 10 feet of relief from the 20 foot minimum side setback requirement of the WR zone as per §179- 3. 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. Minorto moderateimpacts to the neighborhood may be anticipated as the house site is proposed on slopes in excess of 15%. 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 appear to be present with the potential to place the house in a compliant location. 3. Whether the requested area variance is substantial. Therequest for 10 feet or 50% east side setback relief may be considered moderate relative to the ordinance as per §179-3. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to moderate impacts on the physical and environmental conditions of the neighborhood may be anticipated as development on steep slopes could potentially impact the environment due to the erosion potential. However, concerns may be mitigated by erosion and sediment controls as well as continued maintenance of vegetative controls. 5. Whether the alleged difficulty was self created . The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): SP 5-2011 SFD within 50 feet of 15% slopes Pending BOH 35-2010 Septic variance – Pending Staff comments: The applicant proposes to install an Eljen Bio-filtration wastewater system along the south property line (see attached BOH 35-2010 resolution). Further, stormwater and E&S controls are proposed for this project. SEQR Status: Type II-no further review needed C:\Documents and Settings\keitho\Desktop\Daily Files\2011 Staff Notes\Zoning\January 19\AV 1-2011_Cherry.doc Zoning Board of Appeals Community Development Department Staff Notes