Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 17-2022
Project Applicant:
Tom & Beth Portuese
Project Location:
28 Lansburg Lane
Parcel History:
SP 28-2022
SEQR Type:
Type II
Meeting Date:
May 18, 2022
Description of Proposed Project:
Applicant proposes to remove a home of 1,064 sq ft and to construct a new home with a footprint of 3,277 sq. ft.
with a floor area of 5,751 sq ft. Also proposed is construction of a 1,219 sq ft patio. The project includes stormwater
management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new
floor area in a CEA, hardsurfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, and
driveway greater than 10%. Relief requested for access from adjoining lot.
Relief Required:
The applicant requests relief for access from adjoining lot. The parcel size 0.75 ac (316.5-1-3) & 1.01 ac (316.9-1-27.2)
and the property zone is Waterfront Residential, WR.
Section 179-4-050 Frontage
The applicant proposes a new home on parcel 316.5-1-3 then utilizing a driveway access on parcel 319.9-1-27.2 to get to
Lansburg Lane; where parcels are required to have a minimum of 150 ft of road frontage and the applicant proposes zero.
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. The new home and access
may be considered to have little to no impact on the neighboring properties or neighborhood character as the
site has always used an access road from an adjoining property.
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. The feasible alternatives may be difficult to achieve
without creating additional variances for the adjoining parcels.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. Relief is requested for one parcel with no access to road frontage to access Lansburg Lane through
an adjoining parcel.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant requests to construct a new home on a landlocked parcel and to create a shared driveway thought
an adjacent parcel. The plans show the parcel with the new home and the driveway access area.