Staff Notes AV 7-2019 Scurlock_3 20 19
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 7-2019
Project Applicant: Lynda A. Scurlock
Project Location: 68 Wisconsin Avenue
Parcel History: BP 2004-155 Mobile Home
SEQR Type: Type II
Meeting Date: March 20, 2019
Description of Proposed Project:
Applicant requests to maintain 344 sq. ft. detached garage and a 100 sq ft residential addition to home in its
current noncompliant location. Construction was completed by the previous owner without obtaining proper
permits from the Town. The recent sale/purchase of the property has triggered the review. Relief requested
from minimum setback requirements for the NR zoning district.
Relief Required:
The applicant requests relief from minimum setback requirements for the NR zoning district.
179-3-040 Establishment of Districts –dimensional requirement NR zone
The applicant requests for the existing garage to remain 1.1 ft from the south side yard and 0.2 ft to the rear
yard. The required side yard setback is 10 ft and the rear yard is 15 ft. Relief is also requested for the 100 sq ft
front addition to the home where the existing front setback is 19.4 ft and required is 20 ft.
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 to no 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 may be considered limited due to
the lot size, configuration of buildings on the lot.
3. Whether the requested area variance is substantial. The request for relief may be considered minimal
moderate relevant to the code. The relief requested is 8.9 ft from the side yard setback and 14.8 ft for the
rear setback. The front setback relief is 0.6 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated. The applicant proposes no changes to the
existing conditions.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant requests to maintain the existing residential addition and the garage in the backyard that was
constructed prior to the purchase. The applicant indicated that during the purchase of the home the garage did
not receive the appropriate approvals for construction. Also, the addition to the front of the home was found to
be non compliant when the survey was completed; the addition was constructed without approvals. The
applicant proposes no changes to the site and notes the garage is used primarily for storage as a car could not be
stored due to the location on the property.
Zoning Board of Appeals
Community Development Department Staff Notes