Staff Notes AV 64-2011 Mangino
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 64-2011
Project Applicant: Anthony and Judy Mangino
Project Location: 67 Rockhurst Road
Meeting Date: October 19, 2011
Description of Proposed Project:
Applicant proposes a 72 sq. ft. covered entry porch/deck to existing seasonal residence.
Relief Required:
Nature of Area Variance:
Front setback – Request for 3.6 feet of relief from the 30 foot front setback requirement
Shoreline setback – Request for 4.2 feet of relief from the 50 foot shoreline setback requirement
Side setback – Request for 5.2 feet of relief from the 12 foot side setback requirement
Permeability – Request for an additional 41.3 square feet or 51.1% impermeable surfacing from the 25%
impermeable surfacing requirement.
FAR – Request for an additional 101.6 square feet or a floor area ratio of 25.4% from the 22%
requirement.
Expansion of a nonconforming structure – This action must be approved by the Zoning Board of Appeals.
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 may be anticipated concerning the character of the neighborhood by the granting of this area
variance.
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.
Lot limitations and existing conditions appear to
preclude any feasible method for the applicant to pursue other than an area variance.
3.
Whether the requested area variance is substantial.
The requestfor 3.6 feet or 12% relief from the
30 foot front setback requirement and 4.2 feet or 8.4% relief from the 50 foot shoreline setback
requirement may be considered minor relative to the ordinance. Further, the request for 5.2 feet or
43% relief from the 12 foot side setback requirement may be considered moderate relative to the
ordinance. Additionally, the request for an additional 41.3 square feet or 1.5% increase of
impermeable surfacing resulting in site impermeability of 51.1% may be considered moderate as the
parcel has existing permeability issues. Moreover, the request for an additional 101.6 square feet or
3.4% increase in FAR resulting in a site FAR of 25.4% may be considered minor relative to the
ordinance. Finally, the request for the expansion of a nonconforming structure requires the approval of
this board.
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 as the size of the proposal is minor in
nature.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
SP65-2011 Hard surfacing and Exp. of N/C in CEA Pending
Staff comments:
As lot size is 0.07 acres or 2,920 square feet, any proposed expansion of the camp will in all likelihood
require an area variance of some sort. Although on the surface the preponderance of variances requested
may be great in an empirical sense, this should be weighed against the size of the project. The purpose for
this expansion, according to the applicant is for ease of access and shelter from the elements; access deck
not to be enclosed. The applicant has no intention of retrofitting this seasonal camp to year round use at
this present time.
Planning Board recommendation provided.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\October 19\AV 64-2011 Mangino.doc
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals
Community Development Department Staff Notes