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