Staff Notes AV 33-11_Shearer_06 22 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 33-2011
Project Applicant: Michael & Gabrielle Shearer
Project Location: 52 Russell Harris Road
Meeting Date: June 22, 2011
Description of Proposed Project:
Applicant proposes to replace existing 412 +/- sq. ft. covered boathouse with a 400 +/- sq. ft. dock and
392 sq. ft. sundeck.
Relief Required:
Nature of Area Variance:
Parcel will require area variances as follows:
1.North side setback – Request for 3.3 feet of relief from the 20 foot setback requirement for docks
in the WR zone.
2.South side setback – Request for 8.3 feet of relief from the 20 foot setback requirement for docks
in the WR zone.
As per §179-5-060 the following applies to this project: Every dock or wharf constructed shall have a
minimum setback of 20 feet from the adjacent property line extended into the lake on the same axis as the
property line runs on shore where it meets the lake or at a right angle to the mean high-water mark,
which ever results in the greatest setback.
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 other than an area variance
appear limited due to lot restraints and the associated property line extensions into the lake.
3.
Whether the requested area variance is substantial.
Request for 3.3 feet or 16.5% relief from the
20 foot north side setback requirement for docks in the WR zone as per §179-5-060 may be considered
minor to moderate relative to the ordinance. Request for 8.3 feet or 41.4% relief from the 20 foot
south side setback requirement for docks in the WR zone as per §179-5-060 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
environmental conditions in the neighborhood may be anticipated.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created;
however, existing location of dock cribbing appears to be driving this request.
Parcel History (construction/site plan/variance, etc.):
SP 36-2011 Boathouse Pending
Staff comments:
The boat house as proposed is to be 15’-0” above the mean high water mark and as such does not exceed
the maximum 16 foot height requirement and as designed, appears to show no facilities for sleeping,
cooking or sanitary facilities as per §179-5-060(12).
SEQR Status:
Type II-no further action required.
L:\Keith Oborne\2011 Staff Notes\Zoning\June 22\AV 33-11_Shearer_06 22 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes