Staff Notes AV 5-2011 Great Escape
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 5-2011
Project Applicant: Great Escape
Project Location: 1172 State Route 9
Meeting Date: January 26, 2011
Description of Proposed Project:
Applicant proposes 665 sq. ft. expansion of existing 687 sq. ft. First Aid Building. Relief requested from side
setback requirements and for the expansion of a non-conforming structure.
Relief Required:
This proposal will require an area variance as follows:
Side setback relief-Request for 13 feet or 65% relief from the 20 foot side setback requirement for the RC
zone as per §179-3.
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 as a result of this proposal.
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 limited due to the nature of the proposal and
existing conditions.
3.
Whether the requested area variance is substantial.
Therequest for 13 feet or 65% relief from the 20 foot
side setback requirement as per §179-3-040 may be considered moderate relative to the ordinance. Expansion of
a non-conforming structure must be approved by this board as per §179-13-010A.
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.
5.
Whether the alleged difficulty was self created
. The difficulty may not be considered self created as the
applicant has stated that Federal guideline must be followed thus necessitating this area variance (Please see
narrative for additional information).
Parcel History (construction/site plan/variance, etc.):
Site Plan 41-2008 192 foot tall thrill ride Approved10/21/08
Parcel History continued.
Area Variance 81-2008 Travel Corridor relief Approved 12/17/08
Sign Variance 80-2008 number, size & height Approved 12/17/08
Multiple approvals prior to 2008
Staff comments:
The applicant proposes an expansion to the existing First Aid building in order to better comply with Federal
guidelines (see applicant’s narrative).
SEQR Status:
Type II-no further review needed
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Zoning Board of Appeals
Community Development Department Staff Notes