Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 28-2012
Project Applicant: Joseph Mihindukalasuriya
Project Location: 35 Garrison Road
Meeting Date: June 20, 2012
Description of Proposed Project:
Applicant proposes to construct a hip roof to existing 1,370 sq. ft. flat roof garage.
Relief Required:
Parcel will require area variances as follows:
1. Rear setback – Request for 10.7 feet of relief from the 30 foot rear setback requirement for the MDR zone as per
§179-3-040.
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.
Minorimpacts 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 appear limited due to the nature of the project.
3.
Whether the requested area variance is substantial.
The request for 10.7 feet or 36% relief from the 30 foot
rear setback requirement for the MDR zone as per §179-3-040 may be considered moderate 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 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.):
A.V. 71-2011 Side setback and Exp. N/C structure Approved 12/21/2011
Staff comments:
As a condition of approval the Zoning Board may wish to require the applicant to combine both parcels in order to
avoid additional variances.
Type II
SEQR Status:
L:\Keith Oborne\2012 Staff Notes\Zoning\June 20\AV 28-12 Mihindu.doc
Zoning Board of Appeals
Community Development Department Staff Notes