Staff Notes AV 35-11_Kelly_06 22 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 35-2011
Project Applicant: Marybeth & Edward Kelly
Project Location: 2 Jay Road-Glen Lake
Meeting Date: June 22, 2011
Description of Proposed Project:
Applicant proposes demolition of existing 1,495 sq. ft. residence with a 270 sq. ft. detached garage and
construction of a new 2,800 sq. ft. single family residence with a 462 sq. ft. attached garage.
Relief Required:
Parcel will require area variances as follows:
1.North side setback – Request for 9.5 feet of north side setback relief from the 20 foot minimum as
per §179-3-040.
2.South side setback – Request for 2.3 feet of south side setback relief from the 20 foot minimum 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.
The onlyfeasible alternative would include
designing the dwelling to fit within the building envelope
3.
Whether the requested area variance is substantial.
The request for 9.5 feet or 47.5% of north
side setback relief from the 20 foot minimum as per §179-3-040 may be considered moderate relative
to the ordinance. Request for 2.3 feet or 11.5% of south side setback relief from the 20 foot minimum
as per §179-3-040 may be considered minor 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.
Any shoreline development may have an
adverse impact on the environmental conditions in the neighborhood; however, stormwater controls
and erosion and sedimentation controls are planned and should mitigate any potential adverse effect.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
SP 38-2011 SFD Pending
Staff comments:
The project proposes approximately 9,900 square feet of disturbance on a 15,530 square foot lot. Erosion
and sediment control should be robust due to the lack of an existing shoreline buffer and on-site slopes.
Slopes exceed 15% within 50 feet of the proposed single family dwelling; however, these slopes are
isolated and not indicative of the overall topography of the parcel which could be categorized as less than
10%. An increase in impermeability (23.5% overall) is proposed from existing conditions (17.5% overall)
but is within the 75% requirement. Asphalt drive proposed.
SEQR Status:
Type II-no further action required.
L:\Keith Oborne\2011 Staff Notes\Zoning\June 22\AV 35-11_Kelly_06 22 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes