Staff Notes AV 8-2019 Egnaczyk_3 20 19
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 8-2019
Project Applicant: Ronald Egnaczyk
Project Location: 114 Sunnyside North
Parcel History: SEP 780-2018 (septic permit); BOH 36, 2018 (Septic Variance Approval by Town Board of
Health)
SEQR Type: Type II
Meeting Date: March 20, 2019
Description of Proposed Project:
Applicant proposes construction of a 124 sq. ft. one-story residential addition to an existing 738 sq. ft. home.
The home has a floor area of 1,321 sq. ft. and proposes 1,445 sq. ft. Relief requested from minimum setback
requirements and Floor Area Ratio requirements for the WR zoning district.
Relief Required:
The applicant requests relief from minimum setback requirements and Floor Area Ratio requirements for the WR
zoning district.
Section 179-3-040 Establishment of Districts
The new construction of 124 sq ft addition is to be located 10 ft 2.5 in from the side property line where a 12 ft
setback is required. The project also proposes a floor area of 27.9% where 22% is the maximum allowed,
existing is 25.5%.
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. The project may be
considered to have little to no impact on the neighboring properties.
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. The feasible alternatives may be limited due to the
location of the existing home, lot size and location of the septic.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The side setback relief is 1.79 ft and the floor area is 5.9% in excess of the maximum allowed.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes to add 124 sq f of living space to the first floor 738 sq ft home for additional living space.
The plans show the location of the addition on the east side of the home. There are no changes to the site.