Staff NotesTown of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 34-2012
Project Applicant: Jerry Brown Auto Parts
Project Location: Lower Warren Street
Meeting Date: July 25, 2012
Description of Proposed Project:
Applicant proposes construction of a 120 ft. x 200 ft. (24,000 sq. ft.) steel framed building for storage of
auto parts. Further, proposal calls for a 20 ft. x 50 ft. covered ramp connecting the above proposed
building with existing +/- 15,700 sq. ft. dismantling warehouse.
Relief Required:
Nature of Area Variance:
Parcel will require area variances as follows:
1. Side setback (existing garage) – Request for 50 feet side setback relief from the 50 foot
requirement for the proposed covered concrete ramp.
2. Side setback (proposed steel framed building) - Request for 50 feet side setback relief from the 50
foot requirement for the proposed covered concrete ramp. Please note that the proposed steel
framed building has approximately 25% of the western portion of the structure within the side
setback of the building envelope.
3. Expansion of a Non-conforming structure – Expansion of a non-conforming structure must be
approved by the Zoning Board of Appeals.
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.
A feasible method would be to combine the two
lots in order to avoid the area variance requests.
3.
Whether the requested area variance is substantial.
The request for50 feet or 100% relief from
the 50 foot side setback requirement as per §179-3-040 for the proposed covered concrete ramp
associated with the existing garage may be considered severe relative to the ordinance. Further, the
request for50 feet or 100% relief from the 50 foot side setback requirement as per §179-3-040 for the
proposed covered concrete ramp associated with the proposed steel frame building may be considered
severe relative to the ordinance. Finally, expansion of a non-conforming structure must be approved
by the Zoning Board of Appeals.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Minorimpacts 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.):
Both Parcels:
SP 41-2012 Expansion of Junkyard use Pending
Existing Use:
AV52-10: 900 sq. ft. storage shed Side yard setback relief requested Withdrawn
SP 59-09: 900 sq. ft. storage shed Approved 12/15/09
SP 54-05: 7,500 sq. ft. Storage Bld. Approved 10/18/05
SP 16-02: 1,300 sq. ft. Addition Approved 4/23/02
SP 19-92: Fence Approved 6/16/92
Staff comments:
In order to avoid an additional area variance for permeability associated with existing junkyard, the
applicant has offered to swap 1,325 sq. ft. of existing impermeable surfacing to permeable
surfacing to offset the additional hard surfacing proposed with this expansion.
Applicant required to apply for a certificate of approval from the Town Board prior to the
operation of a junkyard as per §102-4, Junkyards.
Type II
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Zoning Board of Appeals
Community Development Department Staff Notes