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