Planning Board.Staff Notes �,-- 77"
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 38-2009
Project Applicant: San Souci of Cleverdale, Inc.
Project Location: 92 Mason Road
Meeting Date: July 22, 2009
Description of Proposed Project:
Note: Subject to new ordinance. Planning Board has made a recommendation to the ZBA
concerning this Area Variance. See handout.
Applicant proposes changes to an existing restaurant to include a 360 sq. ft. expansion to the
kitchen and bathroom areas and reconfiguration of lower portion of building to food take-out and
childrens game area with seating.
Relief Required:
The applicant requests relief for the expansion of a non-conforming structure per§179-13-010.
Further, the applicant requests 6 feet of east front setback and 4.2 feet of north side setback
relief per§179-3-040. Additionally, the applicant requests 177 square feet of additional
permeability relief per§179-3-040. Moreover, the applicant requests 360 square feet additional
Floor Area Ratio relief per§179-3-040. Finally, the applicant requests a reduction from the
minimum site parking requirement of 29 spaces down to 15 parking spaces per§179-4-090.
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 moderate impacts may be anticipated as the expansion may increase pressure on the
already limited site parking.
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. The limitations of the lot appear to
preclude any feasible method by which to avoid an area variance.
3. Whether the requested area variance is substantial. The request for 6 feet or 20% relief
from the 30 foot west front setback and the request for 4.2 feet or 21% relief from the 20 foot
north side setback per§179-3-040 may both be considered minor to moderate relative to the
ordinance. Further, the request for 176 square feet of additional permeability relief may be
considered severe relative to the ordinance (note: existing site permeability is 32.1% while
the percent permeable requirement for the WR Zone is 75% per§179-3-040). Additionally,
the request for 360 square feet of additional FAR relief may be considered severe relative to
the ordinance (note: the existing site Floor Area Ratio is 0.35% square feet or 1,525 square
feet above the allowable FAR of 0.22 or 2,587 square feet for this parcel). Finally, the
request for a reduction in parking of 15 spaces or 52% from the required 29 spaces per
§179-4-090 may be considered moderate to severe 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 decrease in permeability on
this parcel may not be considered a positive to the environmental conditions in the
neighborhood.
5. Whether the alleged difficulty was self created. The difficulty maybe considered self
created.
Parcel History (construction/site plan/variance,
SUP 45-09 360 sq. ft. restaurant expansion Pending
BOH 14-09 Holding Tanks Approved 6/15/09
BP 97-629 Rebuild house due to fire Approved12/8/97
BP 6231 1980 sign
BP 5999 1979 septic
BP 5784 1979 Restaurant& bar
Staff comments:
The applicant applied for and received a variance from the Sewer Disposal Ordinance by the
Town Board of Health on June 15, 2009 (see attached). The holding tanks are located under the
west parking area.
Per the Fire Marshal's Office, total occupancy for the restaurant not to exceed 105. According to
the applicant, 8 employees work on any given shift. The resulting parking requirements are
calculated as follows: 8 employees/2 = 4 spaces
97 seats/4 = 25 soaces
Total =29 spaces
Note: The plan as drawn does not include a handicap loading area as required by BCNY. As a
result, one space will be lost due to this requirement. Further, 2 handicap spaces must be
provided per code.
SEAR Status:
Type I I -no further review necessary
L:\Keith Oborne\2008-2009 Staff Notes\ZoningWuly 22\San Souci.doc
Zoning Board of Appeals
Community Development Department Staff Notes