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Staff Notes.06.20.2012 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 26-2012 Project Applicant: San Souci of Cleverdale Project Location: 92 Mason Road Meeting Date: June 20, 2012 Description of Proposed Project: Applicant proposes to modify approved site plan to include the removal of vegetation and the installation of “permeable” pavers on existing gravel parking spaces. Further, applicant seeks after the fact approval for the installation of a +/- 665 square foot patio with access deck and stairs to accommodate four tables as well as for the installation of a 6 foot tall, 112 foot long stockade fence along the south boundary. Variances: Relief from side setback, expansion of a nonconforming structure, and fencing requirements. Relief Required: Nature of Area Variance: Parcel will require area variances as follows: 1.Side Setback – Request for 7.15 feet of south side setback relief after the fact for the installation of stairs and deck leading to unapproved patio. 2.Expansion of a non-conforming structure must be approved by the Zoning Board of Appeals. 3.Front (west) fence height and style – Request, after the fact, for 2 feet of fence height and style along the 15.5 feet of architectural front placement of 6 foot tall vinyl stockade fence. 4.Front (east) fence height and style - Request, after the fact, for 2 feet of fence height and style along the 28 feet of architectural front placement of 6 foot tall vinyl stockade fence. 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. Minorto moderateimpacts to the neighborhood may be anticipated as any decrease to permeability could be considered detrimental. 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 be to build what was previously approved in 2009. 3. Whether the requested area variance is substantial. The request for 7.15 feet or 36% relief from the 20 foot side setback requirement as per §179-3-040 for the deck and stairs associated with the patio may be considered moderate relative to the ordinance. Further, expansion of a non-conforming structure must be approved by the ZBA as per §179-13-010. The request for 2 feet of fence height or 33% relief as well as style relief along the 15.5 feet of front yard (west) placement of a 6 foot tall vinyl stockade fence as per §179-5-070 may be considered moderate relative to the ordinance. Finally, the request for 2 feet or 33% relief as well as style relief along the 28 feet of front yard (east) placement of a 6 foot tall vinyl stockade fence as per §179-5-070 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 additional impacts on the physical or environmental conditions in the neighborhood may be anticipated as the site is essentially built out as it exists. 5. Whether the alleged difficulty was self created . The difficulty is self-created. Parcel History (construction/site plan/variance, etc.): SP 9-12 Exp. of N/C structure in CEA and site plan modification Pending SP 9-12 Recommendation to ZBA Completed 5/15/2012 SUP 45-09 Exp. of N/C structure IN CEA and site improvements Approved 8/25/09 AV 39-09 Front setback, Exp. of n/c structure, FAR, Permeability, parking Approved 8/25/09 BOH 14-09 Holding tanks Approved 7/2009 Staff comments: The request for additional permeability relief due to the installation of the patio is also tied to the desire of the applicant to have the proposed “permeable” pavers installed in part to reduce the overall impermeable nature of the site. The Town Designated Engineer (TDE) has been asked to qualify and quantify the amount of relief that the proposed pavers may provide, please see attached correspondence. It appears that permeability relief is not warranted due to the increase in overall permeability with the proposed paver system to be installed, please see attached TDE correspondence with staff. SEQR Status: Type II L:\Keith Oborne\2012 Staff Notes\Zoning\May 16\AV_San Souci.doc Zoning Board of Appeals Community Development Department Staff Notes