Staff Notes Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 42-2019
Project Applicant: David & Diane Howard
Project Location: 470 West Mountain Road
Parcel History: RC 571-2019
SEQR Type: Type II
Meeting Date: October 16, 2019
Description of Proposed Project:
Applicant proposes to convert existing garage to living space and construct a 426 sq. ft. attached garage. The
existing home is 1,853 sq. ft. and with the addition will be 2,279 sq. ft. (footprint). Project includes associated
site work, no other changes proposed. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the moderate density zone.
Section 179-3-040—dimensional requirements
The new garage addition is to be located 20 ft 3 inches from the side property line where a 25 ft setback is
required.
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. Feasible alternatives may be considered limited due to
the location and orientation of the existing home.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. The relief is for 4 feet and 9 inches.
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 may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to convert an existing garage to living space and construct a new garage that does not
meet the setback. The home is on a 1.5 ac parcel and there are no other changes proposed to the home or site.
Town of Queensbury Zoning Board of Appeals .
Community Development Department Staff Notes
Area Variance No.: 43-2019
Project Applicant: CKT Enterprises,LLC
Project Location: 4 Glendale Drive
Parcel History: AST 535-2019; AST 536-2019
SEQR Type: Type II
Meeting Date: October 16,2019.
Description of Proposed Project:
Applicant proposes to replace an 8 x 12 ft. front deck and construct a new 22 x 8 sq. ft. rear deck,both to be
open. Project includes removal of stairs on east side and porch on west side. Project includes a new dormer on
second floor. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the commercial intensive zone.
Section 179-3-040 dimensional
The applicant has started a project where the front deck is proposed to be 12 ft. from the front property line, the
rear porch is 44 ft. 6 inches from the front property line and the dormer is 33.5 ft. +/- from the front property
line where a 75 ft. setback is required. Side setback relief is also requested: the location of the front porch is 19
ft. and the rear porch is 16 ft. where a 20 ft. setback is required.
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 limited due to the location
of the existing home.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief is requested for front porch is 63 ft., rear porch is 30 ft. 6 inches, and porch is
41.5 ft. for the front setback. Relief for the side setback for the front porch is 1 ft. and the rear porch is 4 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 impacts on the physical or
environmental conditions in the neighborhood may be anticipated.
S. Whether the alleged difficulty was self- created. The difficulty may be considered self-created.
Staff comments]-
The applicant has begun construction on an existing home for a front and rear porch and a second story dormer.
The project also involves removing access stairs. The plans show the location of the existing home and
additions. The applicant was notified to stop work and apply for appropriate review.
Zoning Board of Appeals
Community Development Department Staff Notes
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 47-2019
Project Applicant: James Keller
Project Location: 17 Fernwood Road
Parcel History: SP 66-2019
SEAR Type: Type II
Meeting Date: October 16, 2019
Description of Proposed Project]-
Applicant proposes to maintain and complete a 540 sq. ft. open deck with stairs to shoreline and to complete
railing, stairway, and footings. The site contains an existing 3,408 sq. ft. home (floor area) and two sheds.
Relief requested for setback and permeability. Site Plan—hard surfacing within 50 ft. of shoreline.
Relief Required:
The applicant requests relief for setback and permeability in the waterfront residential zone.
Section 179-4-080—Decks
The deck addition is 7 ft. from the shoreline where 50 ft. is required. Relief is also requested for the east
setback where proposed is 16 ft. 2 inches and 20 ft. is required,permeability is proposed to be 62.13%where
62.95% is existing and 75% is required.
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 limited due to the existing
house location.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. The relief requested is 43 ft. to the shoreline, 3 ft. 10 inches to the east side
and 12.05% for permeable.
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 may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The project is to complete an existing 540 sq. ft. deck addition to an existing home. The project replaces a
platform area on the retaining wall area closest to the house. The applicant has indicated to complete the project
the following will need to be done: add a stairway, railing on the deck and stairs, footings—existing is wooden
columns to support deck, and plantings. The plans do indicate a tree has been removed from 2017 to present,
which is to be addressed at the planning board review. The applicant was issued a stop work order to complete
the review process with the Town. The applicant has indicated the deck addition allows for safe use of the area
near the shoreline and access to the shoreline.
Zoning Board of Appeals
Community Development Department Staff Notes