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Staff Notes AV 59-11 Farber Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 59-2011 Project Applicant: Martin & Susan Farber Project Location: 33 Antigua Road Meeting Date: September 21, 2011 Description of Proposed Project: Applicant proposes to rebuild and replace an existing 1,578 square foot second story deck/patio roof with a 1,357 square foot deck. Relief Required: Applicant requests 26.7 feet relief from the minimum 75 ft. shoreline setback requirement of the Waterfront Setback Overlay district as per §179-3-040. Note: The 75 foot setback requirement also applies to lands in the Rural Use classification within the Adirondack Park. 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 as lot limitations, existing conditions, and the nature of the proposal preclude any methods feasible by which to avoid an area variance. 3. Whether the requested area variance is substantial. The request for26.7 feet or 35.6% relief from the 75 foot shoreline setback requirement as per §179-3-040 may be considered moderate relative to the code. 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 2011-403 BP 2001-626 dock & sundeck Approved Staff comments: The applicant proposes the removal and replacement of the existing deck due to water damage. As this is a reduction in size and not an expansion of a non-conforming structure, Planning Board approval is not required. Type II-no further action required SEQR Status: L:\Keith Oborne\2011 Staff Notes\Zoning\September 21\AV 59-11 Farber.doc Zoning Board of Appeals Community Development Department Staff Notes