Staff Notes
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 24-2018
Project Applicant: David C. Madden Living Trust
Project Location: 152 Sunnyside North
Parcel History: AST 797-2017; AV 100-2001; BP 2002-183 SFD
SEQR Type: Type II
Meeting Date: April 18, 2018
Description of Proposed Project:
Applicant proposes construction of a 400 sq. ft. open deck addition to an existing 1,449 sq. ft. home. Relief
requested from permeability and minimum property line setback requirements for the WR zoning district.
Relief Required:
The applicant requests relief from minimum setback requirements in the WR zoning district.
179-3-040 Dimensional Requirements
The applicant proposes to expand and existing open deck. The existing decks south side is 57 sq ft and the north
side is 55.5 sq ft with the proposed deck to be 400 sq ft. The new deck is to be located 12.9 ft from the south
property line and 12.3 ft from the north property where a 20 ft setback is required. Permeability is to be 73% and
required is 75%
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 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 to reduce the
deck size to be compliant on either side.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested for south side setback is 7.1 ft and the north side setback is 7.7 ft.
Permeability relief is 2%.
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.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to add a 400 sq ft deck area to the shore side of an existing home and deck areas. The
plans show the deck area to be constructed.