Staff Notes AV 12-2012 Lyons
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 12-2012
Project Applicant: Michael and Geraldine Lyons
Project Location: 763 Bay Road
Meeting Date: March 21, 2012
Description of Proposed Project:
Applicant proposes constructionof 840 sq. ft. residential addition to the rear of existing single-family
dwelling.
Relief Required:
Parcel will require area variances as follows:
1.Front Setback - Request for 3.6 feet of relief from the 75 foot front setback requirement of the
Office zone for the proposed addition as per §179-3-040.
2.Side Setback Request for 13.5 feet of relief from the 25 foot side setback requirement of the
Office zone for the proposed stoop to the north of the addition as per §179-3-040.
3.Bay Road Travel Corridor Overlay District Request for 3.6 feet of relief from the 75 foot Bay
Road TCO district for the proposed addition as per §179-4-030.
4.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 constraints and existing conditions appear to
preclude any feasible method for the applicant to pursue other than an area variance.
3.
Whether the requested area variance is substantial.
The request for 3.6 feet or 5% relief from the
75 foot front setback requirement for the Office zone as per §179-3-040 may be considered minor
relative to the ordinance. Further, the request for 13.5 feet or 54% relief from the 25 foot side setback
requirement for the Office zone as per §179-3-040 may be considered moderate to severe relative to
the ordinance. Additionally, the request for 3.6 feet or 5% relief from the 75 foot Bay Road TCO
district and the requirement that the setback remain as open space as per §179-4-030 may be
considered minor relative to the ordinance. Finally, the request for the expansion of a non-conforming
structure must be approved by the ZBA as per §179-13-010F.
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 for 300 sq. ft. deck Approved 7/11/99
Staff comments:
Concerning the Bay Road TCO District, the specific requirement that the setback be maintained as open
space should be considered when deliberating that potion of the relief request.
The location for the expansion currently has an underground septic tank that will be removed and replaced
to the southern portion of the parcel.
SEQR Status:
Type II-no further review required
L:\Keith Oborne\2012 Staff Notes\Zoning\March 21\A.V. 12-2012 Lyons.doc
Zoning Board of Appeals
Community Development Department Staff Notes