Staff Notes.AV28-2019
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 28-2019
Project Applicant: Eric Sage
Project Location: 140 Sunnyside North
Parcel History: n/a
SEQR Type: Type II
Meeting Date: June 26, 2019
Description of Proposed Project:
Applicant proposes to remove existing deteriorated 480 sq. ft. 2-car garage and construct a new 576 sq. ft. 2-car
garage. Relief requested from minimum setback and permeability requirements.
Relief Required:
The applicant requests relief from minimum setback and permeability requirements.
Section 179-3-040 Dimensional requirements-
The applicant proposes to construct a new garage to be located 4.2 ft from the side property line where a 20 ft
setback is required and 15.4 ft from the front property line where a 30 ft setback is required. Relief is also
requested for permeability where 74.2% is proposed and 75% is required.
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. The project may be
considered to have little to no impact on the neighboring properties.
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 feasible alternatives may be limited due to the size
of the parcel and location of the existing home
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The relief requested for the side setback is 15.8 ft, front setback is 14.6 ft,, then permeability is
0.80%.
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 as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self created. The project as proposed may be considered self created.
Staff comments:
The applicant proposes a 576 sq ft garage detached garage to replace the 480 sq ft garage. The information
submitted shows the garage elevation and an open floor plan.
Zoning Board of Appeals
Community Development Department Staff Notes