Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 11-2012
Project Applicant: Jeffrey Kilburn
Project Location: 34 Marshview Lane
Meeting Date: February 29, 2012
Description of Proposed Project:
Applicant seeks approval for the construction of a 320 sq. ft. second garage on a 13 acre parcel in the
Westland Subdivision.
Relief Required:
Parcel will require area variances as follows:
Relief requested from number of allowable garages on a parcel as per §179-5-020D.
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 would be to leave as a shed.
3.
Whether the requested area variance is substantial.
The request for a second garage were the
requirement states “Only one garage permitted per dwelling” as per §179-5-020D may be considered
severe relative to the code.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Little adverse impacts on the physical
or environmental condition in the neighborhood may be expected.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self-created.
Parcel History (construction/site plan/variance, etc.):
BP 2011-463 Shed (garage)
BP 2009-481 Single Family dwelling
FWW 2-2005 SFD Approved 12/20/05
SP 64-2005 SFD Approved 1/23/07
Staff comments:
The existing structure has access to the 160 sq. ft. loft for storage.
Type II-no further review required
SEQR Status:
L:\Keith Oborne\2012 Staff Notes\Zoning\February 29\AV 11-12 Kilburn.doc
Zoning Board of Appeals
Community Development Department Staff Notes