Staff NotesTown of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 31-2012
Project Applicant: Pierre Rawlins
Project Location: 38 East Drive
Meeting Date: July 18, 2012
Description of Proposed Project:
Applicant proposes to subdivide a 0.71 acre parcel into 2 lots of 0.37 and 0.34 acres respectively. Relief
requested from minimum lot size and road frontage requirements of the MDR zone.
Relief Required:
Parcel will require area variances as follows:
1. Lot Size (Lot 1) – Request for 1.63 acres of relief from the 2 acre minimum for the MDR zone as
per §179-3-040.
2. Lot Size (Lot 2) – Request for 1.66 acres of relief from the 2 acre minimum for the MDR zone as
per §179-3-040.
3. Road Frontage (Lot 1) – Request for 51 feet of relief from the 100 foot minimum for the MDR
zone as per §179-3-040.
4. Road Frontage (Lot 2) – Request for 100 feet of relief from the 100 foot minimum 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.
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.
Lot limitations as well as existing conditions
appear to preclude any feasible method by which to avoid an area variance as proposed.
3.
Whether the requested area variance is substantial.
The request for 1.63 acres and 1.66 acres or
81.5% and 83% relief from the 2 acre lot size requirement for Lot 1and Lot 2 respectively may be
considered severe relative to the ordinance. The request for 51 feet or 51% relief for Lot 1 from the
100 foot road frontage requirement for the MDR zone may be considered moderate to severe relative
to the code. The request for 100 feet or 100% relief for Lot 2 from the 100 foot road frontage
requirement for the MDR zone may be considered severe relative to the code.
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.):
SUB 6-2012 2 Lot Subdivision Pending
Staff comments:
Highway Superintendent comments will need to be forthcoming prior to any relief consideration.
Type II
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Zoning Board of Appeals
Community Development Department Staff Notes