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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 23-2021 Project Applicant: Peter Rienzi Project Location: 374 Cleverdale Road Parcel History: SP 24-2021; AST 423-2020; AV 1452; SP 25-97; SP 26-97; SP 2-89 SEQR Type: Type II Meeting Date: April 21,2021 Description of Proposed Project: Applicant proposes to rebuild an existing 472 sq. ft. deck area and construct a new 304 sq. ft. expansion to the deck-totaling 776 sq. ft. deck. The existing 2 story home of 1,414 sq. ft. (footprint)to remain. Site plan for expansion of nonconforming structure in a CEA. The site has an existing permeable walkway from the home to the shoreline. Relief requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of deck to an existing home in the Waterfront Residential zone -WR. Section 179-3-040 dimensional requirements, 179-13-010 expansion of non-conforming structure. The new deck is to be located 42 ft. from the shoreline where a 50 ft. setback is required. The side setback to the north is to be 19 ft. where a 20 ft. setback is required. The permeability is to be 70.3 % where 75% 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 location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief is for 8 feet to the shoreline and 1 foot for the side. Then relief 4.7%for permeability. 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 to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a new deck on an existing home that is an upper level of the home. The project does not alter existing conditions under the deck area or area to the shore. The plans show the deck area to be constructed in relation to the home.