ZBA Staff Notes 1_20_21Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 49-2020
Project Applicant: Rockhurst, LLC
Project Location: Assembly Point Road
Parcel History: SP 57-2020; AV 22-2020; SP 81-2011; P20110614; PT 582-2020; PT 583-2020
SEQR Type: Type II
Meeting Date: January 20, 2021
Applicant proposes to demolish existing buildings to construct a new home 2,400 sq. ft. footprint with 4,300 sq.
ft. floor area and exterior patio areas. Project include s site work (fill, grading, stormwater management,
shoreline landscaping, new septic & water supply from lake). Planning Board: site plan for new floor area in a
CEA. Relief requested for height and shoreline setbacks.
The applicant requests relief for height and shoreline setbacks in t he Waterfront Residential zone- WR
Section 179-3-040 dimensional requirements
The new home to be constructed is to be 29 ft. 10 inches where 28 ft. is the maximum height allowed. The new
home is to be 50 ft. from the shoreline where a 75 ft. setback is r equired. The parcel involved was part of a
subdivision in 1993 where the Town Code required a 75 ft. setback, todays code would be 50 ft. setback from
the shoreline.
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
neighborho od may be anticipated. The applicant proposes a new single family home and removing two
existing camps.
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 limited due to the
configuration of the parcel along the shoreline.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The relief requested for height is 1 ft. 10 inches and the shoreline setback relief
requested is 25 ft.
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 on the physical or the environmental conditions of the area.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant proposes to demolish existing buildings to construct a new single family home with 2,400 sq. ft.
footprint and 4,300 sq. ft. floor area. The project includes site work, fill and grading, stormwater management,
shoreline landscaping, new septic and water supply from Lake George. The plans show the height area that is
above 28 ft. The shoreline setback is due to subdivision of 1993 and the code requirements for setbacks at that
time. The plans show the work to be completed on the site and the new home to be constructed.
The applicant requested to be tabled at the December 2020 meeting as there was not a full board.
Staff comments: