Staff Notes AV 41-11 Savage 7-20-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 41-2011
Project Applicant: Randy Savage
Project Location: 303 Aviation Road
Meeting Date: July 20, 2011
Description of Proposed Project:
Applicant proposes constructionof a 168 sq. ft. addition to existing 168 sq. ft. shed.
Relief Required:
Parcel will require area variances as follows:
1.Side setback relief – 12 feet, 11 inches of rear setback relief from the 25 foot setback requirement
for the MDR District.
2.Expansion of a non-conforming structure – Relief must be approved by the ZBA.
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 would be to expand the
shed to the east to avoid the relief requested.
3.
Whether the requested area variance is substantial.
The request for 12 feet, 11 inches or 52 % of
rear setback relief from the 25 foot setback requirement for the MDR District as per §179-3-040 may
be considered moderate to severe relative to the ordinance. Relief requested for the expansion of a
non-conforming structure must be approved by this board.
.
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.):
BP 10-172 SFD 4/27/10
BP 11-080 Inground pool 4/8/11
Demo 10-016 1/25/10
Staff comments:
According to the applicant’s narrative, shed to be used to store tools, power equipment and pool/yard
furniture as well as for outdoor entertainment.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\July 20\AV 41-11 Savage 7-20-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes