Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 29-2022
Project Applicant:
Meghan & Stephen Orban
Project Location:
21-25 Duncan Cove Road
Parcel History:
SP 39-2022, AV 82-1992
SEQR Type:
Type II
Meeting Date:
June 22, 2022
Description of Proposed Project:
Applicant proposes demolition of an existing home and out buildings to construct a new home of 2,539 sq. ft.
footprint with a porch area of 447 sq. ft.; new floor area is 4,584 sq. ft. The permeable patio area facing the lake
will also include a hot tub (defined as a pool per code). Project includes site work for stormwater management,
shoreline and site plantings plan, development for permeable patio and driveway area; a new on -site septic
system and water supply drawn from the lake; a new access drive from Duncan Cove Rd. to Cleverdale through
parcel 226.16-1-9. Site plan for new floor area in a CEA and hard surface within 50 ft. of shoreline. Relief
requested for setbacks and pool location.
Relief Required:
The applicant requests relief for setbacks and pool location for construction of a new home in the Waterfront
Residential zone WR.
Section 179-3-040 WR, Chapter 147 stormwater, 179-5-020 pool
The project involves placement of a stormwater device at 42 ft from the shoreline where 100 ft is required. In
addition the applicant proposes a spa/pool area on the shoreline side of the property that is considered a pool in
a front yard requiring a variance.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
l . 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 character 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 considered to locate the
home so the stormwater devices do not require relief.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. Relief is requested for stormwater device setback of 58 ft. The pool location is for the
front yard.
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. The project includes a new on -site waste
water system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes a new single family home with associated site work for stormwater management, septic,
water supply, plantings etc. The plans show the survey of the existing conditions and the proposed lot
arrangement with the new house. The project includes developing an access from Duncan Cove to Cleverdale
on a separate parcel across from the house project parcel.
Zoning Board of Appeals
Community Development Department Staff Notes