Area Variance Resolution
Zoning Board of Appeals – Record of Resolution
742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
Steven Jackoski, Chairman Roy Urrico, Secretary
Christine Mozal Christine Mozal/Donald Marshall
TO:PROJECT FOR:
99 Fitzgerald 98 Fitzgerald Road
Queensbury, NY 12804
The Queensbury Zoning Board of Appeals has reviewed the following request at the below
stated meeting and has resolved the following:
Area Variance No. 10-2012 Christine Mozal/Donald Marshall
Meeting Date: Wednesday, March 21, 2012
Approved _X_
,
MOTION TO APPROVE AREA VARIANCE NO. 10-2012 CHRISTINE MOZAL/DONALD MARSHALL
Introduced by John Koskinas who moved for its adoption, seconded by Joyce Hunt:
99 Fitzgerald Road. Granting the following relief from the requirements of Section 179-3-040:
15.9 feet from the 20 foot side setback requirement for the deck nearest the shore; 15.4 feet of
relief from the 20 foot side setback requirement for the deck located to the south, and .99 acres
of relief from the two acre lot size requirement of the WR zone for parcel tax ID number 289.14-1-
27.1 and 1.86 acres of relief from the two acre lot size requirement for affected parcel tax ID
number 289.14-1-28. Findings: One, that no undesirable change to the character of the
neighborhood or detriment to nearby properties will be created, reasoning that existing
densities and relative structure layouts will not change. Two, that the applicant does not have
reasonable alternatives not involving an Area Variance. Reasoning: lot limitations and existing
nonconformities preclude feasible alternatives. Three: That the variance is not deemed to be
substantial. Reasoning: That while percentages of relief are high, existing nonconformities are
not appreciably worsened by granting of the requested relief. Four, that the variance will have
no adverse impact on the physical or environmental conditions in the neighborhood.
Reasoning: Again, that pre-existing conditions are not worsened. Five, and that the applicant’s
Page 1 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals – Record of Resolution
742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
Continued ZBA Resolution
ZBA Meeting Date: Wed., March 21, 2012
Area Variance No. 10-2012, Christine Mozal
difficulty is not considered to be self-created. Reasoning: the relative positions of the subject
structures were pre-existing. I move for approval.
Duly adopted this 21 day of March, 2012, by the following vote:
st
AYES: Mr. Clements, Mrs. Hunt, Mr. Koskinas, Mr. Jackoski
NOES: NONE
ABSENT: Mr. Garrand, Mr. Underwood, Mr. Urrico
Sincerely,
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
SJ/sh
Cc: Hutchins Engineering
The variance approval is valid for one (1) year from the date of approval. You may request an
extension of approval before the one (1) year time frame has expired. See section 179-14-090
Final, approved plans in compliance with this variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building &
Codes personnel. Subsequent issuance of further permits, including building permits are
dependent on receipt.
Page 2 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)