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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.