Staff Notes July 27 ZBA AV 39-11 Kuntz 7-27-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 39-2011
Project Applicant: Dan Kuntz
Project Location: 239 Cronin Road
Meeting Date: July 27, 2011
Description of Proposed Project:
Applicant proposes construction of a 432 sq. ft. one-story addition to existing single-family dwelling.
Relief requested from side setback requirements.
Relief Required:
Parcel will require area variances as follows:
1.Side setback – 5.6 feet of side setback relief from the 25 foot side setback requirement for the
MDR District.
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.
Lot limitations and existing conditions appear to
preclude any feasible method for the applicant to pursue other than an area variance.
3.
Whether the requested area variance is substantial.
The request for 5.6 feet or 22% relief from the
25 foot side setback requirement as per §179-3-040 may be considered minor to moderate relative to
the ordinance.
Note: The determination of whether the requested area variance is substantial is based on an
empirical calculation and not subjective reasoning.
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.
Parcel History (construction/site plan/variance, etc.):
B.P. 86-2002 SFD Approved 2002
Staff comments:
The project proposal is for additional living space to include a formal dining room and family room. No
additional bedrooms proposed.
Survey waiver request denied.
SEQR Status:
Type II-no further action required.
L:\Keith Oborne\2011 Staff Notes\Zoning\July 27\AV 39-11 Kuntz 7-27-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes