Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 49-2008
Project Applicant: Kristen and Jesse Howarth
Project Location: 10 Bullard Ave
Meeting Date: August 20, 2008
Description of Proposed Project:
The applicant wishes to erect a 6 foot tall stockade fence in the non-
architectural front yard.
Relief Required:
The applicant requests relief from placement and height restrictions per 179-5-
060. Specifically, one (1) foot in height and a style change.
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 effects on the community may be
anticipated as a result of this proposal. Further, the applicant has a dense
hedgerow that will screen the fence along the north side of the property.
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;
According to the applicant, the height and style change is for safety
purposes only as her two children continually jump over the 4 foot fence
currently installed and run out on the road. Further, the parcel is located on
the corner of Bullard and Park Place and as such the configuration of the
parcel adds to the need for a variance.
3. Whether the requested area variance is substantial;
The request for one (1) foot or 16.7% relief and a change in style may be
considered minor relative to the ordinance.
4. Whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district'
Any possible physical or environmental impact on the neighborhood may be
considered minor.
5. Whether the alleged difficulty was self created
The difficulty may be considered self created.
Parcel History (construction/site plan/variance,
P20030838 Inground Pool Approved 10/14/03
P20040174 Septic Alteration Approved 4/13/04
Staff comments:
The proposed northern run of the fence is screened by a six to eight foot wide
deciduous hedgerow from May through October. The applicant will install
the proposed fence in the same footprint as the current four (4) foot high
chain link fence that currently resides there. Further, the applicant has
indicated that the fence will be comprised of Northern White Cedar.
SEAR Status:
Type II
L:VCeith Obome\2008 Staff Notes\ZoningWugust 20\Howarth.doc
Zoning Board of Appeals
Community Development Department Staff Notes