Staff Notes for 2/19/2014 Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 17-2014
Project Applicant: Marc D. Fuchs & Betty R. Fuchs
Project location: 19 Wood Point Lane
Meeting Date: 2-19-2014
Description of Proposed Project:
Applicant proposes to rehabilitate and stabilize existing deteriorated concrete patio and stairs along the
shoreline. Installation of a galvanized metal frame along with construction of a 136 sq. ft. wooden patio
on top of frame is proposed. Construction also includes a 23 sq. ft. wooden supporting staircase.
Relief Required:
Parcel will require area variances as follows: Relief requested from minimum shoreline setback
requirements of the WR zone, Section 179-3-040.
Shoreline setback
-Required 75 ft
-Proposed 0 ft(existing)
Relief 75 ft
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 alternatives may include not
reconstructing a shoreline deck and constructing a deck in a compliant location.
3. Whether the requested area variance is substantial. The request may be considered substantial
relevant to the code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Parcel History(construction/site plan/variance, etc.):
SP 15-14: Pending-filling within 50 ft of the shoreline
AV 36-10: 480 sq. ft. garage-Relief requested from minimum side setback requirements. 8-18-10
BP 11-009: Detached garage, 7-26-11
BP 99-524: Boathouse w/docks &upper open porch
AV 48-02: 20 ft. x 40 ft. boathouse/sundeck and 48 sq. ft. dock. Relief from maximum allowable dock
length requirements, 6-19-02
Staff comments.
The applicant proposes to rehabilitate an existing concrete shoreline deck with a 136 sq ft wooden deck
structure. The new structure would be bolted to the existing concrete and also include access by wooden
stairs bolted to the existing concrete steps. The applicant has indicated the existing shoreline decks is
made of concrete that is in disrepair and to remove and rebuild would cause more shoreline disturbance
than the proposed project. The plans show the existing and proposed along with pictures of the current
conditions.
SEQR Status:
Type II
Zoning Board of Appeals
Community Development Department Staff Notes