Staff Notes May 25 2011 AV 27-11_Thouin
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 27-2011
Project Applicant: Joseph Thouin
Project Location: 1 Vista Court
Meeting Date: May 25, 2011
Description of Proposed Project:
Applicant proposes construction of a 6 ft. high privacy fence in the non-archetectural front yard.
Relief Required:
Relief requested from maximum height restrictions and for privacy fences located in the front yard.
Parcel will require area variances as follows:
1. Privacy fence in front yard – Request for 64 linear for placement of a 6 foot privacy fence along the eastern front
boundary.
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.
Minorimpacts 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.
Afeasible alternative could include placing the fence in a compliant location.
3.
Whether the requested area variance is substantial.
The request for 64 linear feet or 100% relief for the placement of
a privacy fence within the 30 foot frontline setback for the MDR zone as per §1795-070C(4) 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 or environmental conditions in the neighborhood may
be anticipated.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created. However, the unique
configuration of this lot, three (3) front yards, may contribute to the difficulty.
Parcel History (construction/site plan/variance, etc.):
None found
Staff comments:
Clear Vision Zone of approximately 60 feet satisfies the 35 foot requirement as per §179-5-070A(3).
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\May 25\AV 27-11_Thouin.doc