Staff Notes 10/28/20
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 33-2020
Project Applicant: Jeff & Kirstie Baertschi
Project Location: 82 Assembly Point Road
Parcel History: AST 166-2020; AST 177-2020; PZ 173-2016; RC 515-2016
SEQR Type: Type II
Meeting Date: October 28, 2020
Description of Proposed Project:
Applicants received an area variance in 2016 for a new home with a 220 sq. ft. deck. When the as-built survey
was completed, the deck was 272 sq. ft. The existing home is 2,367 sq. ft. Relief requested for setbacks.
Relief Required:
The applicants request relief for setbacks in the Waterfront Residential zone – WR
Section 179-3-040 dimensional requirements and 179-4-080 decks
The existing deck is 20.8 ft. to the south property line where a 25 ft. setback is required and is 20.1 ft. to east property line
where a 30 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 as the deck has
already been constructed. The applicants have indicated the deck being slightly larger allows for furniture
and people to maneuver safely.
3.
Whether the requested area variance is substantial.
The relief requested may be considered minimal
relevant to the code. Relief on the south property line is 4.2 ft. and the east property line is 9.9 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.
5.
Whether the alleged difficulty was self-created
. The difficulty may be considered self-created.
Staff comments:
The applicants propose to maintain a 272 sq. ft. deck that had been constructed when the house was built. The
plans show the location of the deck on the home and the applicant provide photos with furniture on it.