Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 24-2012
Project Applicant: Kevin & Ann Dineen
Project Location: 149 Birdsall Road
Meeting Date: May 16, 2012
Description of Proposed Project:
Applicant proposes a 96 sq. ft. residential addition to existing single-family dwelling. Applicant seeks relief
from permeability, shoreline setback and expansion of a nonconforming structure requirements of the WR
zone.
Relief Required:
Parcel will require area variances as follows:
1.Permeability – Request for an additional 96 square feet of impermeable surfacing; existing
permeability stands at 64.7%, proposed permeability reduced to 64.4%, code requirement is 75%.
2.Shoreline setback – Request for 4.2 feet of relief from the 50 foot shoreline setback requirement of
the WR Zone.
3.Expansion of a Non-conforming structure - Any relief for the expansion of a non-conforming
structure requires relief from the Zoning Board of Appeals as per §179-13-010.
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.
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.
Concerningshoreline setback relief, feasible
alternatives appear limited as any expansion of the dwelling will require an area variance. With regards
to permeability relief, a feasible method by which to avoid this request would be to offer an equal or
above like amount of impermeable surfacing removed from another location on the parcel.
3.
Whether the requested area variance is substantial.
Request for an additional 96 square feet or
0.3% increase to the existing permeability of 64.7% with a required minimum permeability of 75% as
per §179-3-040 may be considered minor relative to existing conditions, however any increase of
impermeable surfacing on this parcel could not be considered positive. Request for 4.2 feet or 8.4%
relief from the shoreline setback of 50 feet as per §179-3-040 may be considered minor relative to the
ordinance. Request for the expansion of a non-conforming structure must be approved by the ZBA.
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.):
SP 26-12 96 sq. ft. expansion Pending
SP 11-07 Shoreline disturbance Approved 4/26/07
AV 29-97 Shoreline setback Approved 6/4/97
SP 37-92 168 sq. ft. addition Approved 7/21/92
AV 60-92 Shoreline setback Approved 7/20/92
Staff comments:
The Zoning Board of Appeals may wish to consider, as a condition of approval, that an equal or above like
amount of impermeable surfacing be removed from another location on the parcel.
Tax Map Parcel # incorrect and should be denoted on application as 289.17-1-46 and not 289.16-1-46.
SEQR Status:
Type II
L:\Keith Oborne\2012 Staff Notes\Zoning\May 16\AV_Dineen.doc
Zoning Board of Appeals
Community Development Department Staff Notes