Staff Notes AV 55-11 Whalen
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 55-2011
Project Applicant: Janet Whalen
Project Location: 15 Meadowbrook Road
Meeting Date: September 21, 2011
Description of Proposed Project:
Applicant proposes a 384 square foot attached garage to a single family dwelling.
Relief Required:
Relief requested from the front and side setback requirements of the MDR District as per §179-3-040.
Parcel will require area variances as follows:
1.Front setback – Request for 0.8 feet of relief from the 30 foot front setback requirement.
2.Side setback – Request for 20.8 feet of relief from the 25 foot side setback requirement.
3.The expansion of a non-conforming structure must be approved by this board as per §179-13-010F.
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.
Concerning the front setback relief requested, a
feasible alternative would be to place the building 0.8 feet to the west in order to become compliant.
Concerning the side setback relief requested, feasible alternatives appear limited.
3.
Whether the requested area variance is substantial.
The request for 0.8 feet or 2.6% relief from
the 30 foot front setback requirement for the MDR zone may be considered minor relative to the
ordinance. Further, the request for 20.8 feet or 83.2% relief from the 25 foot side setback requirement
for the MDR zone may be considered severe relative to the ordinance. Finally, the expansion of a non-
conforming structure must be approved by this board.
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 district 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 2011-276 Deck Approved 7/2011
BP 2011-093 Garage addition Pending
Staff comments:
According to the applicant, the garage has been located to line up with the existing structure, necessitating
front setback relief.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\September 21\AV 55-11 Whalen.doc
Zoning Board of Appeals
Community Development Department Staff Notes