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
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Zoning Board of Appeals
Community Development Department Staff Notes