Staff Notes AV 12-2019 Sander_3 20 19
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 12-2019
Project Applicant: Christian & Eustacia Sander
Project Location: 98 Bay Parkway
Parcel History: SP 13-2019
SEQR Type: Type II
Meeting Date: March 20, 2019
Description of Proposed Project:
Applicant proposes construction of a 682 sq. ft. residential addition / garage. The existing 254 sq. ft. detached
garage will be removed along with a 63 sq. ft. accessory structure. Relief requested from minimum setbacks,
permeability, and Floor Area Ratio requirements. Planning Board: Site Plan Review required for the expansion
of a nonconforming structure within a CEA.
Relief Required:
The applicant requests relief from minimum setbacks, permeability, and Floor Area Ratio requirements in the
Waterfront Residential Zone.
Section 179-3-040 Dimensional Requirements
The applicant proposes a 682 sq ft garage addition that is to be located 22.3 ft from the front property line where
30 ft is required and 2.0 to the east side property line where a 20 ft setback is required. The project also requires
permeability relief where 70.39% is proposed and 75% is required. The Floor area ratio relief requested is for
43% where 22% is the maximum allowed, existing 39.2%
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 appear to be limited as the existing
home does not meet the required setback.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The permeability relief is 4.61 % less than required. Relief requested for front setback at
7.7 ft and side setback of 18 ft.. Floor area relief of 21% in excess. Note the Floor area and Building area
definition in 1998 were slightly different than the current definitions and calculation. The prior-owners were
granted a Floor area relief for the proposed 2,670 sq ft home that exceeded the Floor area ratio of 22% based
on a lot size of 10,200 sq ft –per minutes of 2/18/98.
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 or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to construct a 682 sq ft garage addition to their existing home. The project includes the
removal of the existing detached garage and a shed. The applicant intends to install permeable pavers and
plantings along the shoreline and north property line. The addition will allow the garage to be attached to the
main home with access to the basement from the interior of the garage –currently the access to the basement is
exterior. The new garage is to have a storage in a section of the rafters less than 5 ft.
Zoning Board of Appeals
Community Development Department Staff Notes