Staff Notes AV 60-11 Savage_revised from 7-20-11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 41-2011
Project Applicant: Randy Savage
Project Location: 303 Aviation Road
Meeting Date: September 21, 2011
Description of Proposed Project:
Applicant proposes demolition of an existing 168 sq. ft. shed and construction of a 336 sq. ft. shed in the
same general location.
Relief Required:
Relief requested from side setback requirements of the MDR district.
Parcel will require area variances as follows:
1.Side setback relief –9 feet of side setback relief from the 25 foot setback requirement for the MDR
District.
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 would be to place the shed
in a compliant location.
3.
Whether the requested area variance is substantial.
The request for 9 feet or 36% of side setback
relief from the 25 foot setback requirement for the MDR 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.):
BP 10-172 SFD 4/27/10
BP 11-080 Inground pool 4/8/11
Demo 10-016 1/25/10
Staff comments:
The applicant was before this board on July 20, 2011 for side setback relief as well as for the expansion of
a non-conforming structure. The application was approved, however, the applicant now wishes to remove
the existing shed due to structural issues and erect a new shed on the previously proposed footprint.
According to the applicant’s narrative, shed to be used to store tools, power equipment and pool/yard
furniture as well as for outdoor entertainment.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\September 21\AV 60-11 Savage_revised from 7-20-11.doc
Zoning Board of Appeals
Community Development Department Staff Notes