Staff Notes AV 19-11_Green_04 20 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 19-2011
Project Applicant: Robert Green
Project Location: 45 Howard Street
Meeting Date: April 20, 2011
Description of Proposed Project:
Applicanthas constructed a 180 sq. ft. deck in side yard and is seeking side setback relief after the fact.
Relief Required:
Parcel will require an area variance as follows:
Side setback relief – Applicant requests 7.7 feet of relief from the 25 foot side setback requirement
for the MDR zone as per §179-4-030.
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 by the grating of this area variance.
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.
Short of removing 7.7 feet of the existing deck
that encroaches into the south side setback, feasible alternatives would be to relocate the deck to the
rear portion of the home.
3.
Whether the requested area variance is substantial.
The requests for 7.7 feet 31% relief from the
25 foot side setback requirement for the MDR zone may be considered moderate relative to the
ordinance.
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 in 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.):
BP 2010-042 Single Family Dwelling Approved 2/25/10
Staff comments:
1.The applicant requested and received a waiver from survey requirements, see attached.
2.The side door associated with the deck appears to not have been part of any building permit. The
Zoning Board may wish to direct the applicant to contact the Department of Building and Codes
regarding any potential issues concerning this access point.
SEQR Status:
Type II-no further review necessary
L:\Keith Oborne\2011 Staff Notes\Zoning\April 20\AV 19-11_Green_04 20 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes