Staff Notes.AV 49-2019
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 49-2019
Project Applicant: David Chainyk
Project Location: 110 Sunnyside North/ Waterfront residential (WR)
Parcel History: RC 577-2019
SEQR Type: Type II
Meeting Date: November 20, 2019
Description of Proposed Project:
Applicant proposes to remove a converted porch of 176 sq. ft. that is used for kitchen, bath, and entry. The
project is to construct a new 176 sq. ft. area for the kitchen, bath, and entry in the area that is to be removed.
The existing home is 836 sq. ft. floor area and the site has a 441 sq. ft. garage. The project includes adjusting the
roofline to assist with stormwater and ventilation. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the waterfront residential zone (wr).
Section 179-3-040 dimensional relief
The applicant proposes to remove an existingconverted porch area to replace with same size addition. The new
construction is to be 6 ft where a 12 ft setback 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
location of the existing home, lot size and work proposed.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The side setback relief is 6 ft.
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 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 to be self-
created.
Staff comments:
The applicant proposes to rebuild an existing 176 sq ft converted porch and adjust the roof line for better
ventilation. The applicant has indicate the existing 176 sq ft is deteriorating and the rebuild will better built for
the existing home. The plan show the proposed reconstruction of the 176 sq ft area and a photo of the existing
condition.