Staff Notes AV 3-2011 Bhatti
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 3-2011
Project Applicant: Sam Bhatti dba Econo Lodge
Project Location: 543 Aviation Road
Meeting Date: January 19, 2011
Description of Proposed Project:
Applicant requests approval after the fact for the construction of a 120 square foot canopy at main office location.
Relief Required:
Travel Corridor relief-Request for 38.4 feet or 51% relief from the 75 foot Travel Corridor setback
requirement for the CI zone as per §179-3.
Front Setback relief-Request for 38.4 feet or 51% relief from the 75 foot Front setback requirement
for the CI zone as per §179-3.
FAR relief-Request for an additional 120 square feet for a total FAR of 42.90% from a previously
existing FAR of 42.78%.
Relief for the expansion of a non-conforming structure as per §179-13-010.
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.
Minorimpacts 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.
The nature of the variance and lot limitations appears to preclude a
feasible method for the applicant to pursue other than an area variance.
3.
request for 38.4 feet or 51% relief from the 75
Whether the requested area variance is substantial.
The
foot Travel Corridor setback requirement for the CI zone as per §179-3 appears moderate relative to
the ordinance. Further, the request for 38.4 feet or 51% relief from the 75 foot Front setback
requirement for the CI zone as per §179-3 appears moderate relative to the ordinance. Additionally, the
request for an additional 120 square feet for a total FAR of 42.90% from a previously existing FAR of
42.78% appears moderate relative to the ordinance.relief for the expansion of a non-
Finally, the
conforming structure as per §179-13-010 must be approved by this board.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district.
Minor impacts on the physical and environmental conditions of the
neighborhood may be anticipated.
Criteria continued
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
AV 85-2002 Setback, parking, buffer zone, density, frontage Approved 11/20/02
SP 12-04 Mod #1 Parking, grading, lighting & landscaping modification Approved 6/05
SP 12-04 Mod #2 Stormwater, grading, parking & site improvement modifications Approved 2/28/06
BP 03-965: 16,200 S.F. Hotel
S.P. 12-04 Site plan modification Approved 3/24/09
Staff comments:
The applicant is under a stop work order for the construction of the canopy that is before the board tonight. There is
some concern from the Fire Marshal’s office with regards to the height of the structure, please see attached
comments.
SEQR Status:
Type II-no further review needed
C:\Documents and Settings\keitho\Desktop\Daily Files\2011 Staff Notes\Zoning\January 19\AV 3-2011 Bhatti.doc
Zoning Board of Appeals
Community Development Department Staff Notes