Staff Notes 10/28/20
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 32-2020
Project Applicant: David & Pamela Way
Project Location: 33 Canterbury Drive
Parcel History: AST 351-2020; P20140481; P20150186
SEQR Type: Type II
Meeting Date: October 28, 2020
Description of Proposed Project:
Applicant proposes to install a 288 sq. ft. dock (8’x 36’). The dock is to be located 16.5 ft. from the northern
property line and 15.9 ft. from southern property line where a 20 ft. setback is required. The existing home is 448
sq. ft. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the Waterfront Resdential zone –WR
Section 179-3-040 dimensional requirements and Section 179-5-050 docks
Project is to install a 288 sq. ft. dock to be 16.5 ft. from the north property line and 15.9 ft. from the south
property line where a 20 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 may be considered limited due to
the lot size and amount of shoreline where there is 48.3 ft.
3.
Whether the requested area variance is substantial.
The request for relief may be considered minimal
moderate relevant to the code. The relief for the for the north side is 3.5 ft. and the south side is 4.1 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 to no impact to 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 applicant proposes to install a 288 sq. ft. dock to an existing site. The parcel has an existing home that is to
remain. The dock location is shown on the survey with the setbacks.