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Staff Notes Conway_02 23 11 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 9-2011 Project Applicant: James & Lillian Conway Project Location: 32 Nacy Road Meeting Date: February 23, 2011 Description of Proposed Project: Applicant proposes to demolish an existing 2,660 sq. ft. residence and replace it with a new 1946 sq. ft. residence. Relief Required: Parcel will require area variances as follows: 1.Height-Request for 3 feet of height relief from the 28 foot requirement per §179-3-040. 2.Shoreline setback-Request for 7 feet of average shoreline setback relief as per §179-3-040 and §179-4-010D(2)(a). 3.Side setback-Request for 8 feet of west side setback relief as per §179-3-040. 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 as the single family dwelling to be replaced currently is larger and more non-conforming than the proposed new structure. 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 lot constraints; specifically slopes present on the parcel. 3. Whether the requested area variance is substantial. The request for an additional 3 feet or 11% relief from the 28 foot maximum allowable height for a structure in the WR zone as per §179-3-040 may be considered minor relative to the ordinance. Further, the request for 7 feet or 10% relief from the required 73 foot average shoreline setback as per §179-4-010 may be considered minor relative to the ordinance. Finally, the request for 8 feet or 40% relief from the 20 foot side setback requirement as per §179-3-040 may be considered moderate relative to the ordinance. Note: The determination of whether the requested area variance is substantial is based on an empirical calculation and not subjective reasoning. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The proposed variance may have minor impacts on the physical or environmental conditions in the neighborhood as the existing single family dwelling is more non-compliant than what is proposed. 5. Whether the alleged difficulty was self created . The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): SP 8-2011 Pending BOH 33, 2010: 82’ from neighboring well in lieu of required 100’ setback; 3’ from property line in lieu of required 10’ setback-both contingent upon applicants’ installation of split rail fence around absorption field. Approved 12/6/2010 Staff comments: 1.The existing garage adjacent to Nacy Road to remain. 2.The applicant has received a BOH septic variance for a new wastewater system; see attached. SEQR Status: Type II – no further review required L:\Keith Oborne\2011 Staff Notes\Zoning\February 23\AV 9-11_Conway_02 23 11.doc Zoning Board of Appeals Community Development Department Staff Notes