Staff Notes AV 63-2011 West 10.19.2011
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: October 19, 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.):
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\October 19\AV 63-2011 West.doc
Zoning Board of Appeals
Community Development Department Staff Notes