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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.