Staff Notes - Town of Queensbury A
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 43-2002
Project Applicant: James Grande
Project Location: 3222 State Route 9L
Meeting Date: June 13, 2002
Description of Proposed Project:
Applicant proposes construction of an 884 sq.ft. two-story, 3-car garage, with
a second floor comprised of a 370 sq.ft. second dwelling unit.
Relief Required:
Applicant requests relief for a second dwelling unit §179-4-010 (C6).
Additionally, the applicant requests relief for a dwelling unit with a floor area
less than 800 sq.ft. §179-5-090.
Criteria for considering an Area Variance according to Chapter 267 of Town
Low:
1. Benefit to the applicant:
Applicant would be permitted to construct the desired structure in the
preferred location.
(� 2. feasible alternatives:
Feasible alternatives include constructing a garage within the allowable 900
sq.ft. and 16-foot maximum height requirement.
3. Is this relief substantial relative to the ordinance?:
The addition of a second dwelling unit could be considered substantial
relative to the ordinance. 430 sq.ft. less than the 800 sq.ft. minimum required
for a single-family dwelling could be considered moderate relative to the
ordinance (53.8%).
4. Effects on the neighborhood or community:
Moderate to substantial effects may be anticipated as a result of this action.
Applicant Grande
Date June 13, 2002
Page -2-
5. Is this difficulty self-created?
The difficulty may be interpreted as self created, as there are other feasible
alternatives such as constructing a new garage within the maximum 900 sq.ft.
of area and the maximum 16 feet of height allowed.
Parcel Msfory(construction/site lan/vadance, etc.):
AV 27-2002: 04/17/02; construction of a 988 sq.ft.3-car garage with 475 sq.ft.
of recreation space above that does not include a kitchen (application
withdrawn).
Staff comments:
• Moderate to substantial impacts may be anticipated as a result of this
action. The applicant proposes to remove a preexisting nonconforming
400 sq.ft. guest cottage on the parcel. The applicant believes removing
the structure justifies his request to construct the second dwelling unit.
However, it is the policy of the Zoning Department to attempt to bring
nonconforming conditions into conformity with the current Zoning
Ordinance whenever possible. Relocating a nonconforming condition is
not conducive with the Town policy, especially when a feasible
alternative for the applicant to construct a garage within the allowable
900 sq.ft. and 16-foot maximum height requirement exists.
SEAR Status:
Type 11
MOTION FOR AGAINST TABLE BY SECOND
VOTE:
STONE HIMES UNDERWOOD
IIAYES ABBATE URRICO
MCNULTY BRYANT
L:\Bruce Frank\2002 ZBA Notes\June 13\Gran&13jun02Aoc
Zoning Board of Appeals
Community Development Department Staff Notes