Staff Notes AV 68-11 Lafontaine's_11 16 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 68-2011
Project Applicant: Lafontaine’s Ice Cream & Grill
Project Location: 1133 State Route 9
Meeting Date: November 16, 2011
Description of Proposed Project:
Applicant proposes a 440 sq. ft. expansion of existing structure for additional service window and prep area.
Relief Required:
Parcel will require area variances as follows:
1.Front setback relief – Request for 21 feet of relief from the 75 foot requirement for the new service
window portion of the project.
2.Travel Corridor relief– Request for 21 feet of relief from the 75 foot requirement for the new
service window portion of the project.
3.Front Setback relief – Request for 19 feet of relief from the 75 foot requirement for the new prep
area portion of the project.
4.Travel Corridor relief – Request for 19 feet of relief from the 75 foot requirement for the new prep
area portion of the project.
5.Expansion of a non-conforming 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 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.
Feasible alternatives appear limited due to the
nature of the project and existing conditions.
3.
Whether the requested area variance is substantial.
The request for 21 feet or 28% relief from
both the front setback and travel corridor requirements for the new service window may be considered
moderate relative to the ordinance. Further, the request for 19 feet or 25% relief from both the front
setback and travel corridor requirements for the new prep area may be considered moderate relative to
the ordinance. Finally, the expansion of a non-conforming structure must be approved by 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 to the physical or
environmental conditions to the neighborhood may be anticipated.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
SP 71-11 Pending
SP 62-07 Fencing modification Approved 1/22/08
SP 23-07 Commercial fencing Approved 5/15/07
SP 21-96 Trailer Approved 5/30/96
SP 74-89 15 Unit 2 story motel Approved 11/28/89
AV 122-89 Setback relief Approved 10/26/89
Staff comments:
The proposal totals 448 square feet and consists of two separate expansions. The first is a 200 square foot
expansion to accommodate an additional service window to the north. The second is a 248 square foot
expansion to the prep area to the south. Access to an existing walk in cooler from the prep area is
envisioned. Both expansions are not accessible to the public as the operation is for walk up service only.
Site Parking is based on seating and employees and not floor area.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\November 16\AV 68-11 Lafontaine's_11 16 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes