Staff Notes AV 20-11_Clermont_04 27 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 20-2011
Project Applicant: Susan Clermont
Project Location: Old Assembly Point Road
Meeting Date: April 27, 2011
Description of Proposed Project:
Applicant has constructed a 200 +/- sq. ft. deck over an existing patio and proposes reconfiguration /
downsizing of existing 120 +/- sq. ft. non-conforming dock to 48+/- sq. ft. Relief requested from side
setback for both the deck and dock as well as shoreline relief for the deck. Site Plan review is required for
hardsurfacing within 50 ft. of theshoreline.
Relief Required:
Parcel will require an area variance as follows:
Deck portion of project
Side setback relief – request for 12 feet of north and south side relief from the 12 foot side setback
requirement for the WR zone as per §179-3-040.
Shoreline setback – request for 50 feet of shoreline relief from the 50 foot shoreline setback
requirement for the WR zone as per §179-3-040.
Dock portion of project
North side setback - request for 12 feet of north side setback relief from the 12 foot side setback
requirement for the WR zone as per §179-3-040.
South side setback – request for 9.6 feet of south side setback relief from the 12 foot side setback
requirement for the WR zone 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.
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.
Lot limitations and the nature of the project
preclude any feasible method by which to avoid and area variance.
3.
Whether the requested area variance is substantial.
The request for 12 feet or 100% relief from
both north and south side setbacks requirements associated with the deck as per §179-3-040 may be
considered severe relative to the ordinance. Further, the request for 50 feet or 100% relief from the 50
foot shoreline setback requirement for the proposed deck as per §179-3-040 may be considered severe
relative to the ordinance. Additionally, the request for 12 feet or 100% relief from the north side
setback requirement as per §179-3-040 may be considered severe relative to the ordinance. Finally, the
request for 9.6 feet or 80% relief from the south side setback requirement as per §179-3-040 may be
considered severe 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
environmental conditions of the neighborhood may be anticipated as a result of this request.
5.
Whether the alleged difficulty was self created
. Lot limitations appear to dictate the need for an
area variance and may not be considered self created.
Parcel History (construction/site plan/variance, etc.):
SP 28-11 Pending
Staff comments:
The 0.01 or 235 sq. ft. parcel in question is associated with a land-locked parcel located approximately 600
feet to the southeast and separated by both Assembly Point Road and Old Assembly Point Road.
SEQR Status:
Type II-no further review necessary
L:\Keith Oborne\2011 Staff Notes\Zoning\April 27\AV 20-11_Clermont_04 27 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes