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Staff NotesTown of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 20-2022 Project Applicant: Eric Carlson Project Location: 67 Brayton Lane Parcel History: SEP 241-2018, SP 26-2022 SEQR Type: Type II Meeting Date: November 16, 2022 (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 sq. ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard-surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks and stormwater device less than 100 ft. from shoreline and wetland. The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device Revised with the garage being attached to the proposed home which removes the height variance. The portion of the home with the garage is located 14 ft. from the property line where a 25 ft. setback is required. The stormwater device is to be 50 ft. from the lake and 50 ft. from the wetland where 100 ft. setback is required. 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. The project may be considered to have little to no impact on the neighboring properties as the home is moved further from the back and the detached building is in similar location as previous. 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. The feasible alternatives may be limited due to the lot shape, proximity to wetland, and shared access by adjoining properties. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief for the setback is 11 ft. and stormwater device location is 50 ft. 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 as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Description of Proposed Project: Relief Required: Criteria for considering an Area Variance according to Chapter 267 of Town Law: Zoning Board of Appeals Community Development Department Staff Notes The applicant proposes to construct a new home on the site with associated site work. The plans show the location of the new home with covered porch areas and attached garage. The applicant has revised the plans noting the garage has been moved further from the property line. Staff comments: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 20-2022 Project Applicant: Eric Carlson Project Location: 67 Brayton Lane Parcel History: SEP 241-2019, SP 26-2022 SEQR Type: Type II Meeting Date: July 20, 2022 (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 sq. ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard-surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks and stormwater device less than 100 ft. from shoreline. The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device Revised with the garage being attached to the proposed home which removes the height variance. The portion of the home with the garage is located 6 ft. from the property line where a 25 ft. setback is required. The stormwater device is to be 50 ft. where 100 ft. setback is required. 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. The project may be considered to have little to no impact on the neighboring properties as the home is moved further from the back and detached building is in similar location as previous. 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. The feasible alternatives may be limited due to the lot shape, proximity to wetland, and shared access by adjoining properties. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief for the setback is 19 ft. and stormwater device location is 50 ft. (revisions relief requested is less) Description of Proposed Project: Relief Required: Criteria for considering an Area Variance according to Chapter 267 of Town Law: Zoning Board of Appeals Community Development Department Staff Notes 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 as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. The applicant proposes to construct a new home on the site with associated site work. The plans show the location of the new home with covered porch areas and attached garage. Staff comments: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 20-2022 Project Applicant: Eric Carlson Project Location: 67 Brayton Lane Parcel History: SEP 241-2019, SP 26-2022 SEQR Type: Type II Meeting Date: May 18, 2022 Description of Proposed Project: Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with a footprint of 2,381 sq. ft. which includes porches/deck areas and living space of detached building. The project includes a detached garage with an 873 sq ft footprint. The new floor area of 6,194 sq ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline. Relief Required: The applicant requests relief for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline in regard to construction of a new home and detached building. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device The construction of the detached building with garage and living space is to be located 5 ft. from the property line where a 25 ft. setback is required. The detached building is to be 30 ft. 7 inches where accessory buildings are limited to 16 ft. in height. The stormwater device is to be 49 ft. where 100 ft. setback is required. 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. The project may be considered to have little to no impact on the neighboring properties as the home is moved further from the back and detached building is in similar location as previous. 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. The feasible alternatives may be limited due to the lot shape, proximity to wetland, and shared access by adjoining properties. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief for the setback is 20 ft., height is 15 feet 5 inches and stormwater device location is 51 ft. 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 as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a new home on the site with associated site work. The plans show the location of the new home with covered porch areas and a separate building with a garage. The separate building will include a two car garage, changing room area and storage. Zoning Board of Appeals Community Development Department Staff Notes