Staff Notes AV 70-11 Defayette_11 16 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 70-2011
Project Applicant: Dennis & Nancy Defayette
Project Location: 29 Reardon Road Extension
Meeting Date: November 16, 2011
Description of Proposed Project:
Applicant proposes construction of a 140 sq. ft. addition to existing single-family residence.
Relief Required:
Parcel will require area variances as follows:
1.Side Setback relief – Request for 7.7 feet of relief from the 20 foot setback requirement for the WR
Zone.
2.Expansion of a non-conforming structure 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 as the
expansion is for a laundry room and the infrastructure is located in the general area of expansion.
3.
Whether the requested area variance is substantial.
The request for 7.7 feet or 39% relief from
the 20 foot side setback as per §179-3-040 may be considered moderate 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 and/or
environmental conditions in 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.):
AV 70-2011 Pending
BP 11-375 Septic alteration Approved 7/28/11
BOH 22-2011 Septic setback relief Approved 7/25/11
BP 03-553 306 sq. ft. porch Approved 10/15/03
Staff comments:
Due to the presence of the deck within the side property line, the dwelling is considered a non-conforming
structure. The applicant has installed a compliant wastewater system that required approval from the local
board of health; see application for further information. The addition is to expand the laundry area of the
dwelling.
SEQR Status:
Type II-no further action required
L:\Keith Oborne\2011 Staff Notes\Zoning\November 16\AV 70-11 Defayette_11 16 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes