Staff Notes AV 48-11 Riccio 7-20-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 48-2011
Project Applicant: Judith Riccio
Project Location: 1208 Ridge Road
Meeting Date: July 20, 2011
Description of Proposed Project:
Applicant proposes constructionof a 576 sq. ft. detached shed/workshop within the 75 foot side yard
setback for the RR-3A District.
Relief Required:
Parcel will require area variances as follows:
1.Side setback – Request for 53.9 feet from the 75 foot side setback requirement for the RR-3A
district as per §179-3-040.
2.Size – Request for an additional 296 square feet of relief from the 500 square foot accessory
structure total maximum allowable for parcels less than three acres as per §179-5-020.
3.Quantity – Request for a third accessory structure must be approved by this board. Note: Per
§179-5-020 a total of 2 accessory structures are allowed.
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 proposed workshop could be placed in a
more compliant location; however, a request for side setback relief appears unavoidable.
3.
Whether the requested area variance is substantial.
The request for 53.9 feet or 71% relief from
the 75 foot north side setback requirement as per §179-3-040 may be considered moderate to severe
relative to the ordinance. Further, the request for 296 sq. ft. or 59% relief from the 500 square foot
maximum allowable for lots less than three (3) acres as per §179-5-020 may be considered moderate to
severe relative to the ordinance. Finally, the request for a third accessory 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;
however, lot limitations appear to contribute to the relief request.
Parcel History (construction/site plan/variance, etc.):
A.V. 6-09 Setback and Exp. of a N/C structure Approved 2/18/09
Staff comments:
According to the applicant’s agent, the workshop is also for storage as well as for small projects
and repair space.
Total square footage of accessory structure proposed is 796 square feet.
This project is not in the APA as denoted on the agenda.
SEQR Status:
Type II-no further action required
Zoning Board of Appeals
Community Development Department Staff Notes
L:\Keith Oborne\2011 Staff Notes\Zoning\July 20\AV 48-11 Riccio 7-20-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes