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Staff Notes May 18 2011 AV 22-11_West_SFD Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 22-2011 Project Applicant: Andrew West Project Location: 12 Joshua’s Rock Road Meeting Date: May 18, 2011 Description of Proposed Project: Applicant proposes alteration/renovation and a 441 sq. ft. expansion of an existing 2,242 square foot single-family residence to include replacement wastewater system and raingardens. Relief requested from maximum height restrictions, setback requirements, and for the expansion of a nonconforming structure. Relief Required: Parcel will require area variances as follows: 1.Height – Request for 2.7 feet of relief from the 28 foot maximum height allowed in the WR zone. 2.North side setback – Request for 7 feet of north side setback relief from the 12 foot minimum requirement for the proposed front porch. 3.North side setback – Request for 9 feet of north side setback relief from the 12 foot minimum requirement for the proposed new kitchen. 4.South side setback relief – Request for 8 feet of south side setback relief from the 12 foot minimum requirement for the proposed new access stairs associated with the deck. 5.West rear setback – Request for 1 foot of west rear setback relief from the 30 foot minimum requirement for the proposed new covered entrance. 6.Expansion of a non-conforming structure 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. Feasible alternatives appear limited due to existing conditions and lot limitations. 3. Whether the requested area variance is substantial. Therequest for 2.7 feet or 9.7% height relief from the 28 foot maximum allowed in the WR zone may be considered minor relative to the ordinance. The request for 7 feet or 59% north side setback relief from the 12 foot minimum requirement for the proposed front porch may be considered moderate to severe relative to the ordinance. Further, the request for 9 feet or 75% north side setback relief from the 12 foot minimum requirement for the proposed new kitchen may be considered severe relative to the ordinance. Additionally, the request for 8 feet or 67% south side setback relief from the 12 foot minimum requirement for the proposed new access stairs associated with the deck may be considered moderate to severe relative to the ordinance. Finally, the expansion of a non-conforming structure requires the approval of this board. 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 to the physical or environmental conditions in the neighborhood can be expected. 5. Whether the alleged difficulty was self created . The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): BOH 12-2011 Leachfield setback Approved 5/16/2011 SP 31-2011 N/C SFD Rennovation and expansion in CEA Pending SP 32-2011 Boat house Pending AV 23-2011 Setback and height relief Pending Staff comments: The applicant has applied for and received a variance from the Town Board of Health (BOH ___ -2011) concerning property line setbacks for the leach field. SEQR Status: Type II-no further action required L:\Keith Oborne\2011 Staff Notes\Zoning\May 18\AV 22-11_West_SFD.doc Zoning Board of Appeals Community Development Department Staff Notes