Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.:
27-2022
Project Applicant:
Joe Sheehan
Project Location:
80 Rockhurst Road
Parcel History:
SP 40-2022
SEAR Type:
Type II
Meeting Date:
June 22, 2022
Description of Proposed Project:
Applicant proposes a 618 sq. ft. garage addition to an existing home and a 500 sq. ft. deck to replace an existing
deck. A portion of the new deck will be covered; the deck is over a patio area with access from the basement. A
new entry area to be constructed is also covered. Project includes stormwater management, shoreline plantings,
retaining wall and steps to be reconstructed. The home will have a new footprint of 2,500 sq. ft. and floor area
of 3,728 sq. ft. Site plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and
expansion of nonconforming structure. Relief requested for setbacks and floor area.
Relief Required:
The applicant requests relief for setbacks and floor area.
Section 179-3-040 dimensions 179-4-080-decks
The deck addition is to be located 28 ft. 11 inches from the shoreline where 50 ft. is required. The deck
addition is to be 8 ft. 5 inches where 20 ft. is required for the south side. The garage addition is to be 10 ft. 3
inches from the north side where 20 ft. is required. The garage is 12 ft. 3 inches to the front yard where a 30 ft.
setback is required. The floor area ratio relief where 40.41 % is proposed and 22% is the maximum allowed.
The permeability improved to 67.75% no variance is required 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 considered limited due to
the location of the existing home and the need to make the site accessible.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The relief for the shoreline setback is 21 ft 1 inch. The relief for the deck on the south
side 11 ft 7 inches, the garage on the north side relief is 9 ft 9 inches, the garage front relief is 17 ft 9 inches.
The floor area is 18.41% in excess.
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 may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to complete a garage and deck addition to an existing home. The project includes the
removal of an existing deck and replacement of the deck. The garage addition is to assist the owner access to
the home. The plans show the existing and proposed conditions.
Zoning Board of Appeals
Community Development Department Staff Notes