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Staff Notes AV 10-2012 Mozal - Marshall Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 10-2012 Project Applicant: Christine Mozal / Donald Marshall Project Location: 99 Fitzgerald Road Meeting Date: March 21, 2012 Description of Proposed Project: Applicant proposes a boundary line adjustment involving 3 lots of which two are associated with a previously approved subdivision. Relief Required: Parcel will require area variances as follows (all variances as per §179-3-040): 1.East side setback (Mozal) Request for 15.9 feet of relief from the 20 foot side setback requirement of the WR zone for the deck located nearest the shore. 2.East side setback (Mozal) Request for 15.4 feet of relief from the 20 foot side setback requirement of the WR zone for the deck located to the south. 3.Lot size (Mozal) Request for 0.99 acre of relief from the 2 acre requirement of the WR zone for proposed Lot 1. 4.Lot size (Marshall) Request for 1.86 acres of relief from the 2 acre requirement of the WR zone for proposed lot associated with the lands of Marshall. 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 and existing non-conformities preclude any feasible method by which to avoid an area variance. 3. Whether the requested area variance is substantial. Therequest for 15.9 feet or 79% relief and 15.4 feet or 77% relief from the 20 foot side setback requirement of the WR zone for both shoreline deck and south deck respectively for Mozal may be considered severe relative to the ordinance. Further, the request by Mozal for 0.99 acres or 49% relief from the 2 acre lot size requirement for the WR zone for Lot 1 may be considered moderate relative to the ordinance. Finally, the request by Marshall for 1.86 acres or 93% relief from the 2 acre minimum for the WR zone may be considered severe relative to the ordinance. Please note that all request are as per §179-3-040. 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.): AV 9-2012: Shoreline and side setback relief Pending SP 03-2010: Exp. N/C structure in a CEA Pending AV 04-2010: Removal/replacement of existing decks & stairways, addition of a 112 +/- sq. ft. deck adjacent to shoreline. Relief shoreline, sideline setback requirements &expansion of a nonconforming structure. 3/7/2010 SUB 8-2008 2 lot subdivision Approved 7/7/09 AV 70-2008: Relief from density, lot size, and road frontage. Approved 11/19/08 SP 34-1991: 6/18/91 Staff comments: This boundary line adjustment is associated with property owned by Donald Marshall and Christine Mozal and stems from the project to remove and replace stairs and decks on the Marshall property. Currently the west property line bisects the existing dwelling on the Marshall parcel and the existing shed belonging to Marshall is located totally on the Mozal parcel. It is the intent of this boundary adjustment to have all structures not encroaching on the lands of Mozal in the future and placed within the boundary of the newly adjusted parcel. SEQR Status: Type II-no further review required L:\Keith Oborne\2012 Staff Notes\Zoning\March 21\A.V. 10-2012 Mozal - Marshall.doc Zoning Board of Appeals Community Development Department Staff Notes