Staff Notes 10/28/20
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 36-2020
Project Applicant: Timothy Stark
Project Location: 33 Sweet Road
Parcel History: n/a
SEQR Type: Type II
Meeting Date: October 28, 2020
Description of Proposed Project:
Applicant proposes to construct a new 2,100 sq. ft. home and maintain an existing home of 498 sq. ft. The
applicant has indicated that the 498 sq. ft. home is to be removed at a later date. The project includes removal of
two existing trailers and sheds. Relief is requested for 2 homes on one parcel and lot size.
Relief Required:
The applicant requests relief for 2 homes on one parcel and lot size in the Moderate Density Residential
Section 179-3-040 dimensional requirements.
The relief is to allow two homes on a 0.5 acre parcel where one home is allowed per lot. Relief is requested for lot size
where one acre is required when there is to be municipal sewer and water connection. The existing home of 498 sq. ft. is to
maintain the existing on-site septic system. [[948,1502,1558,1555][11][,I,][Times New Roman]]The applicant has pointed out on [[1558,1502,1570,1555][11][,I,][Times New Roman]] [[1570,1502,1584,1555
][11][,I,][Times New Roman]]t [[1583,1502,1959,1555][11][,I,][Times New Roman]]he survey the 498 sq [[1959,1502,1971,1555][11][,I,][Times New Roman]]. [[1971,1502,1983,1555][11][,I,][Times
New Roman]] [[1975,1502,2010,1555][11][,I,][Times New Roman]]ft [[2009,1502,2021,1555][11][,I,][Times New Roman]]. [[2021,1502,2033,1555][11][,I,][Times New Roman]] [[2033,1502,2366,1555][11][,I,]
[Times New Roman]]building does not
[[150,1557,641,1610][11][,I,][Times New Roman]]meet the required setbacks [[641,1557,653,1610][11][,I,][Times New Roman]] [[653,1557,2049,1610][11][,I,][Times New Roman]]since there
are no changes to this home there is no variances for the 498 sq [[2049,1557,2061,1610][11][,I,][Times New Roman]]. [[2061,1557,2073,1610][11][,I,][Times New Roman]] [[2065,1557,2100,1610][11][,I,]
[Times New Roman]]ft [[2099,1557,2111,1610][11][,I,][Times New Roman]]. [[2111,1557,2123,1610][11][,I,][Times New Roman]] [[2123,1557,2376,1610][11][,I,][Times New Roman]]home related
[[150,1612,353,1665][11][,I,][Times New Roman]]to setbacks [[353,1612,365,1665][11][,I,][Times New Roman]]. [[365,1612,389,1665][11][,I,][Times New Roman]]
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 considered to minimize the
relief requested.
3.
Whether the requested area variance is substantial.
The relief requested may be considered substantial
relevant to the code. Relief requested to allow two buildings on one 0.5 ac parcel.
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.
5.
Whether the alleged difficulty was self-created
. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to remove a 768 sq. ft. trailer, a 930 sq. ft. trailer, and four sheds. Then he proposes to
construct a 2,100 sq. ft. home and to provide water and sewer connections. The 498 sq. ft. building would be
removed when the current tenants leave. Staff would suggest a time deadline for the removal of the 498 sq. ft.
home and compliance with the Town Wastewater/Water Department requirements are included as a condition.
Zoning Board of Appeals
Community Development Department Staff Notes