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
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Zoning Board of Appeals
Community Development Department Staff Notes