Staff Notes AV 69-11 Mayorquin_11 16 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 69-2011
Project Applicant: George Mayorquin
Project Location: 195 State Route 149
Meeting Date: November 16, 2011
Description of Proposed Project:
Applicant seeks property line setback relief for after-the-fact construction of a 234 sq. ft. deck
Relief Required:
Parcel will require area variances as follows:
1.Front setback – Request for 18 feet of front setback relief from the 100 foot requirement
2.Side setback – Request for 49 feet of east side setback relief from the 75 foot requirement
3.Side setback – Request for 13 feet of west side setback relief for the 75 foot requirement
4.Rear setback – Request for 84 feet of rear setback relief from the 100 foot requirement
5.Expansion of a non-conforming structure must be approved by the ZBA.
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 site
constraints. Any expansion on this parcel will require relief.
3.
Whether the requested area variance is substantial.
The request for 18 feet or 18% relief from the
100 foot front setback requirement may be considered minor to moderate relative to the code. The
request for 49 feet or 65% relief from the 75 foot side setback requirement to the east may be
considered moderate to severe relative to the ordinance. Further, the request for 13 feet or 17% relief
from the 75 foot side setback requirement to the west may be considered minor relative to the
ordinance. Additionally, the request for 84 feet or 84% relief from the 100 foot rear setback
requirement may be considered severe relative to the ordinance. Finally, relief must be granted by the
ZBA for the expansion of a non-conforming structure.
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 may be expected.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
BP 2011-462 Needs Area Variance for "after-the-fact" construction 234 sq ft deck
BP 2006-171 1857 sq. ft. single family dwelling 1/8/07
BP 2006-236 Demolition of single family dwelling 8/18/11
AV 64-2009 Front, side and rear yard setback for porches Approved 11/25/09
Staff comments:
The survey has erroneous setback information stated under the Zoning Information heading. Front, side
and rear setbacks for the RR-3A Zone are 100 feet, 75 feet, and 100 feet respectively as a result of the
2009 zoning change. As a condition of approval, the ZBA may wish to direct the applicant to submit
updated zoning information for final submittal.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\November 16\AV 69-11 Mayorquin_11 16 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes