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Staff NotesTown of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 22-2022 Project Applicant: 3 Antigua Road, LLC. Project Location: 3 & 5 Antigua Road Parcel History: AV 59-2014, SP 25-2022 SEQR Type: Type II Meeting Date: June 22, 2022 Description of Proposed Project: (Revised) Applicant proposes to construct a new 1,225 sq. ft. home with an 845 sq. ft. covered porch footprint with a floor area of 3,979 sq. ft. The new home is to be greater than 28 ft. in height. The driveway area included permeable pavers of 1,170 sq. ft. and 7,483 sq. ft. hard -surfacing. The parcel that is located in the Town of Queensbury adjoins a parcel that is in the Town of Lake George that has frontage on the lake. The project includes a new walkway and a portion of the new outdoor kitchen that is located in both the Town of Lake George and Town of Queensbury. Site plan for new floor area in a CEA. Relief requested for setbacks, height, and stormwater device setback. Relief Required: The applicant requests relief for setbacks, height, and stormwater device setback. Section 179-3-040 dimensional 147 Stormwater device The construction of the new home requires relief from height where 29 ft 5 inches is proposed and 28 ft is the maximum height allowed; relief of 1 ft 5 inches. Relief for rear setback is proposed to be 0 ft setback where 30 ft is required. Relief is requested for the stormwater devices located less than 100 ft from the shoreline where 24 ft is proposed. The covered outdoor kitchen is located 63 ft from the shoreline where a 75 ft setback is required. Permeability is being improved from 58.12 % to 68.55% where 75% is required no variance is necessary as it is an improvement. 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 to no 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 be limited due to the property configuration with a portion being in the Town of Lake George and a portion in the Town of Queensbury. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate to substantial relevant to the code. Relief is construction of the outdoor kitchen where relief from the shoreline is to be 12 ft, relief from the rear setback is 30 ft, and stormwater device is 24 ft. Height relief of 1 ft 5 inches. 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. Staff comments: The project involves constructing a new guest home in a similar location to guest home that was destroyed by fire — the new home is larger than the original. The plans show the work to be completed on the site with the new home and driveway area. In addition, the plans show the work to be done in the Town of Lake George with the existing main home, shoreline work, and the porch area of the guest house. Zoning Board of Appeals Community Development Department Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 22-2022 Project Applicant: 3 Antigua Road LLC. Project Location: 3 & 5 Antigua Road Parcel History: AV 59-2014, SP 25-2022 SEQR Type: Type II Meeting Date: May 18, 2022 Description of Proposed Project: Applicant proposes to construct a new 2,145 sq. ft. home with a 180 sq. ft. deck footprint with a floor area of 6,483 sq. ft. The new home is to be greater than 28 ft. in height. The driveway area included permeable pavers of 1400 sq. ft. and 8,145 sq ft hard -surfacing. The parcel that is located in the Town of Queensbury adjoins a parcel that is in the Town of Lake George that has frontage on the lake. The project includes a new entry porch overhang to the existing home and a portion of the new hard surface area for the outdoor kitchen that is located in the Town of Lake George. Site plan for new floor area in a CEA. Relief requested for setbacks, height, permeability, and stormwater device setback. Relief Required: The applicant requests relief for setbacks, height, permeability, and stormwater device setback. Section 179-3-040 dimensional, 147 Stormwater device The construction of the new home requires relief from height where 37 ft is proposed and where 28 ft is the maximum height allowed. In addition relief is requested for building to be located 68 ft from the shoreline when 75 ft is required; rear setback proposed at 0 ft where 30 ft is required. Relief is requested for the stormwater devices located less than 100 ft from the shoreline. Permeability is being improved from 60.27 % to 67.12% where 75% is required; no variance is necessary as it is an improvement. 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 to no 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 be limited due to the property configuration with a portion being in the Town Lake George and a portion in the Town of Queensbury. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate to substantial relevant to the code. Relief is construction of the guest house where relief from the shoreline is to be 7 ft, relief from the rear setback is 30 ft, and stormwater device is 7 ft. Height relief of 9 ft. 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. Staff comments: The project involves constructing a new guest home in a similar location to guest home that was destroyed by fire — the new home is larger than the original. The plans show the work to be completed on the site with the new home and driveway area. In addition, the plans show the work to be done in the Town of Lake George with the existing main home, shoreline work, and the porch area of the guest house. The applicant plans to revise the application materials with a smaller guest home and an expanded patio with an outdoor kitchen. The applicant has been made aware the revisions may require to re -advertise the project with the new information. Staff would suggest tabling the application to a June meeting. Zoning Board of Appeals Community Development Department Staff Notes