Staff Notes 5/20/2020 Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 5-2020
Project Applicant: Thomas Heinzelman
Project Location: 52 Reardon Road
Parcel History: SP 8-2020
SEQR Type: Type II
Meeting Date: May,20,2020,March 18, 2020
Description of Proposed Project]-
Applicant proposes to demo existing home to construct a new home with 1,510 sq. ft. footprint and a 2,604 sq.
ft. floor area. Site work includes grading, stormwater, landscaping, well, and septic. Project subject to Site Plan
for new floor area in a CEA. Relief requested for permeability and setbacks.
Relief Required:
The applicant requests relief for permeability and setbacks.
Section 179-3-040 Dimensional requirements.-Waterfront Residential Zone- WR
The applicant proposes a new home where the open deck is to be located 38.3 ft. where a 50 ft. setback is
required. The permeability is proposed to be 58.6 %where 75% is required and 62.6% is existing.
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 home is in a similar location.
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 to location
due to the lot shape. There may be feasibility to reduce the permeability to existing conditions however,the
driveway is shared with the neighboring property.
3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to
the code. Relief for the deck setback is 11.7 ft. and permeability is 16.4%.
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 new home on the site with associated site work. The plans show the
location of the proposed deck. The applicant previously had a variance for the existing deck to be at the
proposed setback. The plans also show the location of the shared driveway that is to remain.