Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 29-2012
Project Applicant: Michael Gleasman
Project Location: 52 ½ Russell Harris Road
Meeting Date: June 20, 2012
Description of Proposed Project:
Applicant proposes to remove exiting U-shaped dock and construct a 164 sq. ft. 30 foot long L-shaped
wharf with 480 sq. ft. sundeck.
Relief Required:
Parcel will require area variances as follows:
1.North side setback - Request for 20 feet of north side setback relief from the 20 foot requirement as
per §179-5-060A(7) for that portion of the proposed boathouse straddling the north property line.
2.South side setback - Request for 10 feet of south side setback relief from the 20 foot requirement
as per §179-5-060A(7) for the south portion of the proposed boathouse.
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 appear limited due to parcel
size and nature of proposed project.
3.
Whether the requested area variance is substantial.
The request for 20 feet or 100% relief from
the 20 foot side setback as per §179-5-060 for the northern portion of the dock may be considered
severe relative to the ordinance. The request for 10 feet or 50% relief from the 20 foot side setback as
per §179-5-060 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 conditions in the neighborhood may be anticipated.
5.
Whether the alleged difficulty was self created
. The difficulty may be considered self-created,
however the restrictive nature of the parcel adds to the request for setback relief.
Parcel History (construction/site plan/variance, etc.):
SP 34-12: Pending
BP 11-264: Boathouse
BP 11-237: Demo of boathouse
Staff comments:
The parcel has approximately 25 feet of shoreline frontage on Lake George. The applicant has removed
the boathouse due to damage as well as the northern portion of the dock in order to accommodate a larger
boat. The L-shaped dock will have a 480 sq. ft. sundeck supported on the north side with a row of 6 x 6
posts located adjacent to the north property line. Planning Board recommendation attached.
SEQR Status:
Type II
L:\Keith Oborne\2012 Staff Notes\Zoning\June 20\AV 29-12 Gleasman.doc
Zoning Board of Appeals
Community Development Department Staff Notes