Staff Notes July 27 ZBA AV 49-11 Connor 7-27-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 49-2011
Project Applicant: Florence and Brian Conner
Project Location: 6 Holly Lane
Meeting Date: July 27, 2011
Description of Proposed Project:
Applicant proposes constructionof a 580 sq. ft. detached garage. Relief requested from maximum
allowable height requirement of the WR zone.
Relief Required:
Parcel will require area variances as follows:
1.Height – Request for 7 feet of height relief from the 16 foot maximum allowable for detached
garages as per §179-5-0
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 nature of the project, which is a detached
garage with attic storage, appears to preclude a feasible method for the applicant to pursue other than
an area variance.
3.
Whether the requested area variance is substantial.
The request for 7 feet or 44% relief from the
16 foot maximum height requirement for the WR District as per §179-3-040 may be considered
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.):
None Found
Staff comments:
The applicant will be required to combine both lots in order to avoid the requirement that no accessory
structure shall be erected without a principle structure and/or use as per §179-5-020B3.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\July 27\AV 49-11 Connor 7-27-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes