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Staff Notes AV 63-11 West_11 30 11 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 63-2011 Project Applicant: Andrew West Project Location: 12 Joshua’s Rock Road Meeting Date: November 30, 2011 Description of Proposed Project: Applicant proposes a modification to previously approved site plan with associated area variance to include the reconfiguration of dock and expansion of boathouse. Specifically, applicant proposes to renovate and expand existing 533 sq. ft. dock with 425 sq. ft. boathouse resulting in a 575 sq. ft. dock with 589 sq. ft. boathouse. Relief Required: Proposed boathouse will require area variances as follows: 1. South property line setback – Request for 20 feet relief from the minimum 20 foot setback requirement as per §179-5-060A(7). 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 as a result of this request. 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 relocate the boathouse/dock to a more compliant location within the property line projections to the north. With extensive crib work proposed, it would appear reasonable to place the structure within the lot’s shoreline at this time. 3. Whether the requested area variance is substantial. The request for 20 feet or 100% relief from the 20 foot setback requirement as per §179-5-060A(7) may be considered severe relative to the ordinance. 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 of the neighborhood can be expected. 5. Whether the alleged difficulty was self created . The difficulty may be considered self created. Parcel History continued Parcel History (construction/site plan/variance, etc.): NOA 4-2011 Pending SP 31-2011 N/C SFD Rennovation and expansion in CEA Approved 6/28/11 SP 32-2011 Boat house Approved 6/28/11 AV 22-2011 Setback and height relief for SFD Approved 6/22/11 AV 23-2011 Setback relief for Boathouse Approved 6/22/11 BOH 12-2011 Leachfield setback Approved 5/16/2011 Staff comments: 1.The determination of setbacks for docks and boathouses are per §179-5-060A(7) and is as follows:  Every dock or wharf constructed shall have a minimum setback of 20 feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake or at a right angle to the mean high-water mark, whichever results in the greater setback. 2.The boathouse/dock currently exists approximately 13 feet onto adjacent property to the south. 3.A similar yet smaller proposal was before this board on May 18 and June 22 of this year. Approval with no conditions was granted at the June meeting, please see attached. 4.Planning Board recommendation provided. SEQR Status: Type II-no further action required. L:\Keith Oborne\2011 Staff Notes\Zoning\November 30\AV 63-11 West_11 30 11.doc Zoning Board of Appeals Community Development Department Staff Notes