Staff Notes AV 13-2012 Cantanucci
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 13-2012
Project Applicant: Michael Cantanucci
Project Location: 7 Norview Lane
Meeting Date: March 21, 2012
Description of Proposed Project:
Applicant proposes aboundary lot line adjustment for a preexisting nonconforming 0.56 acre parcel which
will reduce the lots size by 466 sq. ft.
Relief Required:
Parcel will require area variances as follows:
Relief requested from lot size requirements for the WR zone as per §179-3-040.
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 methods would include placing the
proposed boatlift in a compliant location on the adjoining parcel or leaving the lot line as is and apply
for a setback variance for the boathouse on the adjoining parcel.
3.
Whether the requested area variance is substantial.
Although the request for a reduction of 466
square feet may seem inconsequential, the resulting lot size of 0.55 acres is 1.45 acres or 72.5% below
the 2 acres minimum allowed in the WR zone as per §179-3-040 and may be considered severe
relative to the ordinance.
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.):
None found
Staff comments:
The purpose for this lot line change, as eluded to in staffs reply to Question 2 above, is for the placement
of a boatlift outside of the 20 foot projected offshore property line requirement. The parcel as it exists is
0.56 acres and proposed will be 0.55 acres, a reduction of 466 square feet.
SEQR Status:
Type II-no further review required
L:\Keith Oborne\2012 Staff Notes\Zoning\March 21\A.V. 11-2012 Cantanucci.doc
Zoning Board of Appeals
Community Development Department Staff Notes