Staff Notes AV 7-2011 Inwald
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 7-2011
Project Applicant: Robin Inwald
Project Location: 38 Gunn Lane
Meeting Date: February 16, 2011
Description of Proposed Project:
Applicant requests additional side setback relief as a result of a submitted As-built survey. Single-family
dwelling was not expanded but totally rebuilt.
Relief Required:
Parcel will require area variances as follows:
1.Side setback relief – Request for 16.7 feet from the 20 foot side setback requirement as per §179-4-
030. Note: This is the greatest amount of relief requested along the western property line and is
measured from the wood deck/stairs. The entire structure requires setback relief.
2.Expansion of a non-conforming structure in a CEA requires the approval of this board.
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.
Minor
impacts 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. ,
With the structure completedfeasible
alternatives appear limited.
3.
Whether the requested area variance is substantial.
The request for 16.7 feet or 83.5% relief from
the 20 foot side setback requirement of the WR zone as per §179-3-040 may be considered severe
relative to the ordinance. Further expansion of a non-conforming structure in a CEA requires the
approval of this board as per §179-13-010F.
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 as a result of this additional request.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
Pending
SP 7-10 Expansion of a N/C structure in a CEA
Pending
SP 39-10 Boathouse/ Sundeck with ramp
Pending
AV 45-10 Setback relief for 697 sq. ft. Boathouse/sundeck w/ access ramp
Approved 6/23/10
AV 26-10 Side setback relief for 697 sq. ft. boathouse/sundeck
BP 09-384: 1150 sq ft residential addition, 1092 sq ft residential alteration and 2 fireplaces
Approved 8/18/09
SP 38-08: Expansion of a N/C structure in a CEA
Approved11/19/08
AV 68-08 Side setback relief for expansion of a N/C structure.
Staff comments:
The applicant is before this board as a result of an inspection of the property by the Zoning Administrator
on December 13, 2010 (please see attached). The applicant was given relief from the side setback
requirement and also for the expansion of a non-conforming structure in 2009.
Planning Board recommendation handout before the board.
SEQR Status:
Type II-no further review needed
Zoning Board of Appeals
Community Development Department Staff Notes