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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 SEQR Status: L:\Keith Oborne\2012 Staff Notes\Zoning\July 18\AV 31-12 Rawlins.doc Zoning Board of Appeals Community Development Department Staff Notes