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Staff Notes AV 62-2011 Spellburg Pushor Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 62-2011 Project Applicant: Scott Spellburg and Lisa Pushor Project Location: 45 Ellsworth Road Meeting Date: October 19, 2011 Description of Proposed Project: Applicant proposes subdivision of three (3) parcels totaling 92.12 +/- acres into nine (9) residential lots ranging in size from 3.0 acres to 44.12 +/- acres. Relief Required: Parcel will require area variances as follows: Variances Lots Affected Density 2 lots in the LC-10 zone Lot size 2, 3, 4 Lot Width 2, 3, 4, 6, 8, 9 Road Frontage All 9 lots Side Setback 2, 3, 4 Permeability 2, 3, 4 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. With the exception of the road frontage variances sought, a subdivision layout that is code compliant is feasible and could be pursued. Note: Applicant proposes a private road thus necessitating road frontage relief. 3. Whether the requested area variance is substantial. Please see attached breakout of variances. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Moderate impacts on the physical or environmental conditions in the neighborhood may be anticipated due to construction on slopes, however, properly designed and implemented erosion and sediment controls as well as stormwater practices would mitigate these concerns. 5. Whether the alleged difficulty was self created . The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): A.V. 81-99: setback/FAR relief for 276 sq. ft. porch Approved 7/21/99 A.V. 81-98: setback/FAR relief for 276 sq. ft. porch Denied 11/18/98 Staff comments: Attached is a break out of all the relief requested for this proposal. It should be noted that the applicant proposes a private road and as such all lots will require road frontage relief as proposed. Planning Board recommendation provided. SEQR Status: Type II-no further action required Zoning Board of Appeals Community Development Department Staff Notes EMPIRICAL REVIEW OF AREA VARAINCES FOR SPELLBURG PUSHOR SUBDIVISION The following is a breakout for each lot and is intended to supplement Question 3 of the Area Variance Criteria. Lot Number Road Frontage Lot 1 – Request for 400 feet of relief from the 400 foot requirement as per §179-3-040. Lot Size Lot Width Lot 2 – Request for 7 acres of relieffrom the 10 acre requirement, 300 feet of relief Road Frontage from the 500 foot requirement, 318 feet of relieffrom the 400 foot requirement, 50 feet Side Setback Permeability relieffrom the 100 foot requirement and 10% reduction from the requirement of 90% as per §179-3-040. Lot Size Lot Width Lot 3 – Request for 6.81 acres of relief from the 10 acre requirement, 275 feet of Road Frontage relief from the 500 foot requirement, 400 feet of relief from the 400 foot requirement, 50 Side SetbackPermeability feet of relief from the 100 foot requirement and 10% reduction from the requirement of 90% as per §179-3-040. Lot Size Lot Width Lot 4 - Request for 6.0 acres of relief from the 10 acre requirement, 300 feet of relief Road Frontage from the 500 foot requirement, 400 feet of relief from the 400 foot requirement, 50 feet of Side SetbackPermeability relief from the 100 foot requirement and 10% reduction from the requirement of 90% as per §179-3-040. Road Frontage Lot 5 – Request for 400 feet of relief from the 400 foot requirement as per §179-3-040. Lot WidthRoad Lot 6 - Request for 82 feet of relief from the 400 foot requirement and 400 feet of Frontage relieffrom the 400 foot requirementas per §179-3-040. – Road Frontage Lot 7Request for 400 feet of relief from the 400 foot requirement as per §179-3-040. Lot WidthRoad Lot 8 – Request for 14 feet of relief from the 400 foot requirement and 400 feet of Frontage relief from the 400 foot requirement as per §179-3-040. Lot WidthRoad Lot 9 – Request for 52 feet of relief from the 400 foot requirement and 400 feet of Frontage relief from the 400 foot requirement as per §179-3-040. Density Calculation per Zone: this will require approval from the ZBA LC-10A Zone – 2.46 lots allowed, 4 lots proposed; . this does not require approval from the ZBA. RR-3A Zone – 7.33 lots allowed, 5 proposed; Whether the requested area variance is substantial. With the exception of Lot Width relief for Lots 6, 8 and 9 the requests for all other relief may be considered Moderate to Severe relative to the ordinance. Lot width relief for Lots 6, 8, and 9 may be considered Minor to Moderate relative to the code. Zoning Board of Appeals Community Development Department Staff Notes L:\Keith Oborne\2011 Staff Notes\Zoning\October 19\AV 62-2011 Spellburg Pushor.doc Zoning Board of Appeals Community Development Department Staff Notes