ZBA Staff Notes (Barton) 8.25.21.AV 55-2021 Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 55-2021
Project Applicant: Keith & Sarah Barton
Project Location: 120 Sunnyside North
Parcel History: AV 43-2020; DEMO 283-2020; RC 279-2021; SEP 533-2020
SEAR Type: Type II
Meeting Date: August 25, 2021
Description of Proposed Project]-
Applicant proposes to construct a 900 sq. ft. carriage style home with 1,800 sq. ft. floor area and a 125 sq. ft.
upper deck. Previously approved for setbacks,height, and floor area(AV 43-2020). House style remains the
same. Relief requested for setbacks.
Relief Required:
The applicant requests relief for construction of a carriage home for setbacks in the Waterfront Residential
zone, WR.
Section 179-3-040 dimensional
The carriage house is to be located 18.6 ft. from the front line where 30 ft. is required, 10.5 ft. from the north
property line where 12 ft. is required, 7 ft. from the south property line 12 ft. is required. The house remains at
31 ft. with a floor area of 1,800 sq. ft. as was granted with the previous application.
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. The new home is in a similar location as the previous home but further from the road.
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 to locate the building in the setbacks-
although this would require additional disturbance and be closer to the lake.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code.
The relief to the north is 1.5 ft and south is 5 ft.,the front setback is 11.4 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the
neighborhood may be anticipated. The applicant proposes stormwater management for the new home and a new
septic system to be installed. The septic system received a Local Board of Health variance approval.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to remove an existing home to construct a new home with a garage on the first floor and a two
bedroom home on the second.The plans show the location of the existing and new home. The elevations are included
showing the views of the new home.The project is similar to a variance in 2020 where the south property line setback was
compliant—the applicant now proposed to center the home on the parcel. The plans show the floor plan and elevations.