Staff Notes 1/19/22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 3-2022
Project Applicant: PATRICK CONNORS
Project Location: 95 Rockhurst Road
Parcel History: SP 2-2022; AST 725-2021; AST 876-2021; AV 1454-20953; SP 61-88
SEQR Type: Type II
Meeting Date: January 19, 2022
Application to be Tabled to the January 26th Meeting, public hearing to be left open.
Applicant proposes to remove an existing deck of 644 sq. ft. to construct a 644 sq. ft. deck in the same location.
The deck is attached to the existing house and has a patio area underneath. The steps from the deck to the lower
patio area are to be in the same place. The existing home is 1,890 sq. ft. footprint minus the deck. There is
additional work on the boat house structure.
The applicant requests relief for setbacks for a deck addition. The parcel is located in the Waterfront
Residential zone on a 0.25 ac parcel.
Section 179-3-040 dimensional, Section 179-4-080 decks
The deck is to be 40.94 ft. from the shoreline and 8.39 ft. from the side property line. The shoreline setback
requirement is 50 ft. and the side setback requirement is 20 ft.
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 to no 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 limited due to the existing
house location and the previous deck.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal to
moderate. The relief requested is 9.1 ft. to the shoreline, 11.61 ft to the North property line
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 on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The project is to remove an existing deck to construct a new deck of 644 sq ft. The applicant has provided site
photos showing the existing deck to be removed and the location of the new deck.
(Application to be tabled to 1/26/2022 per applicant request – open and leave public hearing open)
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: