Staff Notes AV 10-2019 Smith_3 20 19
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 10-2019
Project Applicant: Fred Smith
Project Location: 354 Luzerne Road
Parcel History: n/a
SEQR Type: Type II
Meeting Date: March 20, 2019
Description of Proposed Project:
Applicant proposes construction of a 1,536 sq. ft. single-family home with an attached garage and construction
of a 1,200 sq. ft. second garage. Parcels are to be merged as part of project. Relief requested for the number of
garages.
Relief Required:
The applicant requests relief for the number of garages in the MDR zone.
Section 179-5-020 –Accessory structures -garages
The applicant proposes to construct a single family home with an attached garage and a second detached garage
where only one garage is allowed.
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 as the
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 considered to build a
larger attached garage.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. Relief is requested for second garage where only one garage is 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 to no 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 construct a second detached garage and to construct a single family home with an
attached garage. The applicant has indicated there are two existing parcels that are to be combined for a total lot
size of 5.51 ac.