Staff Notes AV 9-2012 Marshall
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 9-2012
Project Applicant: Donald Marshall
Project Location: 101 Fitzgerald Road
Meeting Date: March 21, 2012
Description of Proposed Project:
Applicant proposes removal of 130 sq. ft. of existing stairs and replacement with 320 sq. ft. of stairs,
landings, and decking. Further, a 23 sq. ft. access landing and stairs to be removed and replaced on the
west side of the structure. Applicant has received approval for a 116 sq. ft. deck along shoreline, (AV 4-
2010); total square feet of decking to include previous approval equates to 459 square feet.
Relief Required:
Parcel will require area variances as follows:
Shoreline Request for 40.5 feet of relief from the 50 foot shoreline setback requirement of the WR zone
as per §179-3-040 for stairs leading to the shoreline.
East side setback Request for 13.8 feet of relief from the 20 foot setback requirement of the WR zone as
per §179-3-040 for landing associated with stairs leading to the shoreline. Note that this is the closest
portion of the stairs and deck proposal that requires relief; majority of stairs and deck requires relief from
the 20 foot east side setback.
West side setback Request for 17.9 feet of relief from the 20 foot side setback requirement of the WR
zone f as per §179-3-040 or the landing and stairs associated with west side access to camp.
Permeability Request for 8.5% or an additional 519 sq. ft. of permeability relief from the 25%
requirement of the WR zone. Resulting permeability equates to 33.5%.
Expansion of a Non-conforming structure The Zoning Board of Appeals must approve this request as
per §179-13-010F.
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.
Lot limitations preclude any feasible method by
which to avoid an area variance.
3.
Whether the requested area variance is substantial.
The request for 40.5 feet or 91% relief from
the 50 foot shoreline setback requirement of the WR zone for the stairs adjacent to the shoreline may
be considered severe relative to the code. Further, the request for 13.8 feet or 69% relief from the 20
foot east side setback requirement for the landing associated with stairs adjacent to the shoreline may
be considered moderate to severe relative to the code. Additionally, the request for 17.9 feet or 89%
relief from the 20 foot west side setback requirement for the landing and stairs associated with west
side access to camp may be considered severe relative to the code. Finally, the request for the
expansion of a non-conforming structure must be approved by the ZBA.
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 could be considered self created.
Parcel History (construction/site plan/variance, etc.):
SB 2-2012: Pending
BOH 38-2011 Holding Tanks Approved 11/21/11
AV 4-2010: Removal and replacement of existing decks and stairways and the addition of a 112 +/- sq. ft.
deck adjacent to shoreline. Relief requested from minimum shoreline and sideline setback requirements.
In addition, relief requested from expansion of a nonconforming structure 3/17/2010
BP 06-572: 160 sq. ft. deck
SB 8-2008: 3.42 acres into 2 lots of 1.0 & 2.42 acres 5/28/2009
Staff comments:
As previously mentioned, the applicant had received approval for the deck proposed along the shoreline;
please see attached resolution A.V. 4-2010. The proposed property line adjustment does not affect this
approval; however, the other approvals associated with A.V. 4-2010 and the parcel prior to the property
line adjustment are void and now require relief as stated above. The applicant has received approval for a
holding tank from the Town B.O.H. on 11/21/11, see attached.
SEQR Status:
Type II-no further review required
L:\Keith Oborne\2012 Staff Notes\Zoning\March 21\A.V. 9-2012 Marshall.doc
Zoning Board of Appeals
Community Development Department Staff Notes