approval resolution.11.14.18 Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Quecns6ury
Area Variance Resolution To: Approve
Applicant Name: Michael White
File Number: Z-AV-71-2018
Location: 20 Pinion Pine Lane
Tax Map Number: 301.6-1-18
ZBA Meeting Date: Wednesday,November 14, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Michael White.
Applicant proposes to maintain already constructed 23 ft. by 12 ft. post and beam cover over an existing deck in
the rear yard of the architectural entrance on Queens Lane. Relief requested from rear yard setback requirement
of 20 ft. for SR-20 zoning district at the time of Planning Board approval April 16, 1985.
Relief Required:
The applicant requests relief from rear yard setback requirement of 20 ft. for SR-20 zoning district at the time of
Planning Board approval April 16, 1985. Current zoning is MDR.
Section 179-3-040 Dimensional Requirements
The applicant has constructed a 276 sq. ft. cover over a portion of an existing 602 sq. ft. deck. The deck was
constructed without approvals by previous owners. The deck cover is 18.8 ft. from the rear property line and
the deck is 5.8 ft. where a 20 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on November 14,2018;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation,we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because we believe that the project will improve the appearance of the house and property.
2. Feasible alternatives have been considered by the Board but are not deemed possible at this particular time.
3. The requested variance, although it seems moderate, really isn't when you consider that the deck has existed
for quite a period of time.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
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Continued Area Variance Approval Resolution
File Number: Z-AV-71-2018
Location: 20 Pinion Pine Lane
Tax Map Number: 301.6-1-18
ZBA Meeting Date: Wednesday,November 14, 2018
5. The alleged difficulty, I suppose, is self-created.
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (apnroval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE AREA VARIANCE
Z-AV-71-2018, Michael White, Introduced by Michael McCabe, who moved for its adoption, seconded by
Brent McDevitt:
Duly adopted this 10'day of November 2018 by the following vote:
AYES: Mr. Henkel,Mr. Kuhl,Mr. Urrico,Mr. Underwood,Mr. McCabe, Mr. McDevitt,Mr. Freer
NOES: NONE
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