Staff Notes May 25 2011 AV 28-11_Esper
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 28-2011
Project Applicant: Chip Esper
Project Location: 67 Peachtree Lane
Meeting Date: May 25, 2011
Description of Proposed Project:
Applicant proposes constructionof a 512 sq. ft. inground swimming pool within the 20 foot rear yard setback for private
swimming pools.
Relief Required:
Parcel will require area variances as follows:
1. Rear setback relief – 10 feet of rear setback relief from the 20 foot setback requirement to the edge of the pool as per
§179-5-020C.
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 as the parcel backs up to common area.
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 to include location of
leachfield and additions.
3.
Whether the requested area variance is substantial.
The request for 10 feet or 50% relief from the 20 foot rear
setback requirement as per §179-5-020C.
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, ongoing
construction of a residential addition may contribute to the difficulty.
Parcel History (construction/site plan/variance, etc.):
Subdivision No. 5-1992
BP 97-064 SFD 1997
BP 98-122 deck 1998
Staff comments:
Clarification on access to the pool area may need to be clarified as there is minimal area for heavy equipment to maneuver.\
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\May 25\AV 28-11_Esper.doc
Zoning Board of Appeals
Community Development Department Staff Notes