Staff Notes AV 15-2012 Clute
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 15-2012
Project Applicant: Clute Enterprises
Project Location: 243 Luzerne Road
Meeting Date: April 25, 2012
Description of Proposed Project:
Applicant proposes construction of a 2,022 sq. ft. duplex on a 0.19 acre parcel in the NR Zone.
Relief Required:
Parcel will require area variances as follows:
Lot size – Request for 0.81 acres of relief from the 1.0 acre requirement for duplex’s as per §179-3-040A(4)(b).
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 as the area is residential in nature with a higher than normal density. However, the existence
of duplexes in the neighborhood is uncommon for the most part.
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 would be to place a single family residence on the
parcel and avoid an area variance.
3.
Whether the requested area variance is substantial.
The request for 0.81 acres or 81% relief from the 1 acre
minimum for a duplex that does not have both water and sewer service in the NR zone as per §179-3-040 may be
considered severe relative to the ordinance.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district.
Minor impacts on 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.):
BP 2012-022 Duplex Not issued
Existing septic system should be located and decommissioned prior to any construction.
Staff comments:
Type II
SEQR Status:
L:\Keith Oborne\2012 Staff Notes\Zoning\April 25\AV_Clute.doc
Zoning Board of Appeals
Community Development Department Staff Notes