Staff Notes AV 43-11 Glen Falls Eye 7-20-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 43-2011
Project Applicant: Glens Falls Eye Associates
Project Location: 535 Bay Road
Meeting Date: July 20, 2011
Description of Proposed Project:
Applicant proposes a 1,194 +/- sq. ft. office expansion to provide additional exam rooms and storage.
Relief Required:
Parcel will require area variances as follows:
Front setback/Bay Road
– Relief requested for 10 feet, 10 inches from the 75 foot front setback
requirement
Travel Corridor Overlay/Bay Road
- Relief requested for 10 feet, 10 inches from the 75 foot TCO
requirement
Front setback/Baywood Road
– Relief requested for 44 feet, 4 inches from the 75 foot front setback
requirement
Expansion of a non-conforming structure –
Must be approved by the Zoning Board of Appeals
Parking relief
– Relief requested from the requirement that the Bay Road TCO be open space.
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 appear limited due to
existing conditions and nature of the project.
3.
Whether the requested area variance is substantial.
The request for 10 feet, 10 inches or 14.5%
relief from the 75 foot front setback and Travel Corridor Overlay setback requirements for Bay Road
may be considered minor relative to the ordinance. Additionally, the request for 44 feet, 4 inches or
59% relief from the 75 foot front setback requirement for Baywood Road may be considered moderate
to severe relative to the ordinance. Finally, relief requested for the expansion of a non-conforming
structure as well as for parking proposed in the Bay Road TCO district 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.):
SP 17-1996 Office addition Approved 5/21/96
BP 96-735: 943 sq. ft. commercial addition
BP 2002-1015: 43.6 sq. ft. free standing sign
Staff comments:
Parking expansion in Town R.O.W. requires Highway Superintendent approval. Note: The 4
spaces located on the northern boundary not to be counted as part of parking requirements as they
cannot be located solely on subject parcel.
The applicant proposes to continue business operations on site during the expansion and
renovations.
Planning Board Recommendation provided.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\July 20\AV 43-11 Glen Falls Eye 7-20-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes