Staff Notes AV 71-11 Hilltop for Mihindu
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 71-2011
Project Applicant: Hilltop Construction / Tom Albrecht
Project Location: 35 Garrison Road
Meeting Date: December 21, 2011
Description of Proposed Project:
Applicant proposes construction of 462 sq. ft. residential addition (Garden Room) to include a new three
sided veranda.
Relief Required:
Parcel will require area variances as follows:
1.Side setback - Request for 14.8 feet of relief from the 25 foot side yard setback requirement for the
MDR zone as per §179-3-040.
2.Expansion of a non-conforming structure must be approved by this board as per §179-13-010F.
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.
Existing lot conditions and the nature of the
proposal appear to preclude any feasible method by which to avoid an area variance.
3.
Whether the requested area variance is substantial.
The request for 14.8 feet or 59% relief from
the 25 foot side setback requirement of the MDR zone as per §179-3-040 may be considered moderate
to severe relative to the code. Expansion of a non-conforming structure must be approved by this
board as per §179-13-010F.
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 of 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.):
None found
Staff comments:
The existing screened porch to the rear and patio to the west to be removed and replaced. There are plans
for storage above the proposed garden room accessed from the second floor.
Application states 175 square feet of additional porches/decks; this appears to be understated. Although
not associated with required relief, quantification of all new porches and covered areas should be
forthcoming.
SEQR Status:
Type II
L:\Keith Oborne\2011 Staff Notes\Zoning\December 21\AV 71-11 Hilltop for Mihindu.doc
Zoning Board of Appeals
Community Development Department Staff Notes