Staff Notes AV 16-11_Geruso_04 20 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 16-2011
Project Applicant: Patrick Geruso
Project Location: 32 Howard Street
Meeting Date: April 20, 2011
Description of Proposed Project:
Applicant proposes a 2-lot residential subdivision of a 0.60 acre parcel. Relief requested from lot size, lot
width, road frontage, setback requirements.
Relief Required:
Parcel will require area variances for the MDR zone as per §179-4-030 and are as follows:
Lot 1:
1.Lot size – request for 1.70 acres or 85% of lot size relief from the 2 acre requirement.
2.Lot Width – request for 25.5 feet or 25.5% of lot width relief from the 100 foot lot requirement.
3.Road Frontage – request for 25 feet or 25% of road frontage relief from the 100 foot requirement.
4.Side setback relief – request for 20 feet or 80% of side setback relief from the 25 foot requirement
for the existing garage.
Lot 2:
1.Lot size – request for 1.70 acres or 85% of lot size relief from the 2 acre requirement.
2.Lot Width – request for 25.5 feet or 25.5% of lot width relief from the 100 foot lot requirement.
3.Road Frontage – request for 25 feet or 25% of road frontage relief from the 100 foot requirement.
4.Side setback relief – request for 1.7 feet or 7% north side setback and 5.0 feet or 20% south side
setback relief from the 25 foot side setback requirement for the proposed 26 ft. by 40 ft. dwelling.
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.
Substandard lots may not be considered desirable; however, the proposal is in keeping with the
character of the neighborhood.
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.
Concerning Lot 1, existing conditions and the
nature of the proposal appear to preclude any feasible method by which to avoid an area variance.
Concerning Lot 2, the potential to place the proposed dwelling further to the east may reduce or
eliminate the need for north side setback relief. Further, reconfiguration of proposed dwelling could be
accomplished to accommodate the proposed building envelope for Lot 2.
3.
Whether the requested area variance is substantial.
The area variances in totality may be
considered severe relative to the ordinance. See Relief required above for specific requests.
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/or
environmental conditions of the neighborhood may be anticipated.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
SUB 4-11 Pending
Staff comments:
1.Proposed Lot 2 existing garage to be removed.
2.Planning Board recommendation handout distributed.
SEQR Status:
Type II-no further review necessary
L:\Keith Oborne\2011 Staff Notes\Zoning\April 20\AV 16-11_Geruso_04 20 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes