Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 25-2012
Project Applicant: John & Pamela Cembrook
Project Location: 121 Birdsall Road
Meeting Date: May 16, 2012
Description of Proposed Project:
Applicant proposes demolition of a 1,524 square foot SFD with 816 square foot detached garage and
reconstruct a +/-6,646 square foot SFD with 858 square foot garage. Relief requested from side setback
requirements for single-family dwelling and height relief for proposed detached garage.
Relief Required:
Parcel will require area variances as follows:
1.Side setback (South) – Request for 6.75 feet of relief from the 20 foot side setback requirement for
the WR zone.
2.Height – Request for 10 feet of relief from the 16 foot maximum height requirement for accessory
structures in the WR zone.
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.
Feasible alternatives would include building the
house in a compliant location to avoid the side setback relief requested. As far as the height relief,
feasible alternatives would be to construct a garage that is 16 feet in height.
3.
Whether the requested area variance is substantial.
The request for 6.75 feet or 34% relief from
the 20 foot side setback requirement for the WR zone as per §179-3-040 may be considered moderate
relative to the ordinance. The request for 10 feet or 62% relief from the 16 foot maximum height
requirement of 16 feet for accessory structures in the WR zone as per §179-3-040 may be considered
moderate to 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 condition 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 27-12 SFD w/in 50 feet of 15% slopes and hard surfacing w/in 50 feet of shore Pending
BP 06-272 Dock Approved 5/19/05
Staff comments:
The Zoning Board may wish to inquire about future plans for the dock and associated deck as in its
current location the dock may be within the 20 foot setback from the extended property lines.
Stormwater and Erosion and Sediment control measures to be installed as well as an upgraded
wastewater system.
SEQR Status:
Type II
Zoning Board of Appeals
Community Development Department Staff Notes
L:\Keith Oborne\2012 Staff Notes\Zoning\May 16\AV_Cembrook.doc
Zoning Board of Appeals
Community Development Department Staff Notes