Staff Notes Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 16-2021
Project Applicant: Charles Carder& Caren Tucker
Project Location: 93 Fitzgerald Road
Parcel History: SP 14-2021; AV 38-2000; SP 32-2000; AV 35-1996
SEQR Type: Type II
Meeting Date: March 17, 2021
Description of Proposed Project:
Applicant proposes a residential addition of 765 sq. ft. of floor area renovation of the second floor converting
attic space to living space and covered porch. Project includes 142 sq. ft. footprint addition to the house
footprint for a covered entry and mudroom. Existing floor area is 2,088 sq. ft. and proposed is 2,853 sq. ft. Site
plan for new floor area in a CEA and expansion of nonconforming structure. Relief requested for setbacks,
height, permeability, floor area, and expansion of a nonconforming structure.
Relief Required:
The applicant requests relief for setbacks, height,permeability, floor area, and expansion of a nonconforming
structure in the Waterfront Residential zone- WR.
Section 179-3-040 dimensional
The proposed enclosed porch addition 16 ft. 6 inches from the shoreline where 50 ft. is required and 16 ft. 9
inches from the side where a 20 ft. setback is required. The raised roof area for the second floor is located 27 ft.
from the shoreline where 50 ft. is required. The height of the raised roof area is to be 31 ft. 2 inches as where 28
ft. is the maximum allowed. The site permeability is proposed to be 73.99% where 75% is required. The floor
area is to be 2,853 sq. ft. where the maximum allowed is 2,683 sq. ft.
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 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 location of the existing home and lot configuration.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief requested enclosed porch 33 ft 6 inches from the shoreline and 3 ft 3
inches from the side; The home 23 ft from the shoreline; height 3 ft 2 inches in excess; permeability 1.01%;
floor area 170 sq ft in excess.
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 will have minimal impact on the
physical or environmental conditions. The applicant proposes a new septic system with the project as
proposed.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The existing home will be expanded with a new covered porch addition, a raised roof for second floor and a new
mudroom entry area. The existing shed is to remain and the new plantings for the shoreline are to be added. The
project includes a new septic system. The plans show the improvements to the site and the home.
Zoning Board of Appeals
Community Development Department Staff Notes