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Staff Notes Department of Community Development Queensbury Planning Board Staff Notes March 27, 2012 APPLICATION: Subdivision 8-2008 Modification APPLICANT: Christine Mozal & Donald Marshall REQUESTED ACTION: Recommendation to the Zoning Board of Appeals concerning the relief requested in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community LOCATION: 99 Fitzgerald Road EXISTING ZONING: WR-Waterfront Residential SEQRA STATUS: Unlisted or reaffirm previous SEQR findings (7/7/09) PARCEL HISTORY: SP 03-2010: Exp. N/C structure in a CEA Pending AV 10-2012 Lot size and setback relief Approved 3/21/12 AV 9-2012: Shoreline and side setback relief Approved 3/21/2012 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: 2 lots subdivision. Relief from density, lot size, and road frontage requirements requested. 11/19/08 SP 34-1991: 6/18/91 PROJECT DESCRIPTION: Subdivision: Applicant proposes a lot line adjustment involving a total of 3 lots of which two lots are associated with a previously approved subdivision. Modification to a previously approved subdivision requires Planning Board review and approval. 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 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 and placed within the boundary of the newly adjusted parcel. On March 21, the Zoning Board of Appeals approved A.V. 9-2012 which dealt with setback relief for Marshall and A.V. 10-2012 which dealt with lot size and setback relief for both Marshall and Mozal; please see attached resolutions. Additional Comments: 1.The boundary line adjustment is also considered a subdivision modification for the Lands of Mozal (SUB 8-2008). As the modification to the subdivision did not include a straight square foot to square foot exchange, two of the three proposed parcels are considered non-compliant with current zoning and will require relief as stated above. With the exception of the lot size variance, all variances associated with the Marshall deck project to be reviewed separately under Area Variance 9-2012 and Site Plan 3-2010. 2.Density calculation should be considered. Application Protocol 3/20/2012: PB recommendation to ZBA; Reaffirm SEQR 3/21/2012: ZBA review 3/27/2012: PB review L:\Keith Oborne\2012 Staff Notes\Planning\March 27\SUB 2-12 Mozal_PBR_03 20 12.doc - 2 -