Loading...
Staff Notes 8.24.22Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 25-2022 Project Applicant: Morgan Gazetos Project Location: 2930 State Route 9L Parcel History: SP 35-2022; AV 85-2014; SP 72-2014 SEQR Type: Type II Meeting Date: August 17, 2022, moved to August 24, 2022 (Revised) Applicant requests approval for construction of deck addition not constructed as approved. In addition, the applicant has completed additional work without approval including deck area near shoreline, shoreline pathway decking, and a reconstructed shed/changing accessory structure near the shore. Existing home footprint 1,306 sq. ft. remains the same. The decking area existing is 1,508 sq. ft. previously approved 1,116 sq. ft. The site work with additional wooden walkway etc. is 2,384 sq. ft.; proposed is 2,074 sq. ft. Updated plans show overlay of existing and previously approved. Site plan review for hard surfacing. Relief requested for setbacks of upper and lower decks, shed, and wooden walkway. The applicant requests relief for setbacks of upper and lower decks, shed, and wooden walkway. Section 179-3-040 dimensions, Section 179-4-080 decks 1. Upper Deck – The as-built for the upper deck addition indicates is 24 ft. from the shoreline where the 2014 approval was for 24.4 ft. from the shoreline. Relief needed 25.6 ft. for shoreline. Relief is also required for the side setback where 14.3 ft. furthest extent, is proposed and 25 ft. is required. The deck addition at the house 11.2 ft. to the side setback where 25 ft. is required. 2. Lower Deck-The as-built survey shows the Deck addition to the house the closest point is 22 ft. where the 2014 approval was for this portion of the deck to be 22 ft. (built as approved) 3. Shoreline Deck – The as built indicates 0 ft. from the shoreline for the landing connection to the dock and 6 ft. from the shoreline dock to the shoreline. The 2014 approval was for the shoreline deck to be 12 ft. from the shoreline. Relief needed for the landing of 50 ft. and the shoreline dock of 46 ft. 4. Shoreline Shed – As built indicates the shed of 46 sq. ft. is 2 ft. from the property line. The 2014 approval indicates an unlabeled square near the shoreline. Relief needed for 48 ft. 5. Wooden walkway path from shoreline deck to covered boathouse; length 198 ft. and 5 ft. to the shoreline where 50 ft. is required. Relief needed of 45 ft. Note the 2014 approval does not identify a wooden walkway. Not subject to variance but additional hard surfacing review under site plan – permeability is greater than 75% even with the deck additions - 6. Upper and lower deck size 73 sq. ft. of additional decking – approved was 828 sq. ft. existing is 901 sq. ft. 7. Shoreline deck size 121 sq. ft. of additional decking- approved was 288 sq. ft. and existing is 409 sq. ft. 8. The decking is 194 sq. ft. in excess of what is approved- specific to the deck elements at the house and shoreline. 9. Total existing for decking and includes boathouse deck areas and wooden walk existing 2,384 sq. ft. and proposed 2074 sq. ft. The applicant has proposed to remove 310 sq. ft. of deck area; this includes 64 sq. ft. Description of Proposed Project: Relief Required: Zoning Board of Appeals Community Development Department Staff Notes of boathouse rear deck, 48 sq. ft. of the shoreline deck at the dock, and 198 sq. ft. of the wooden path. (noting the boathouse decking and the wooden walking path were not in the 2014 calcs) 10. The proposed 310 sq ft removal from the existing unapproved 392 sq ft leaves 82 sq ft over built 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 to no 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 may be limited due to the existing house location in close proximity to the shoreline and the steep topography of the site. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The Upper Deck relief -25.6 ft to the shore, -10.7 ft & 13.8 ft to the side. The lower Deck was constructed and is 22 ft setback as approved in 2014. Shoreline Deck relief is 44 ft from the shoreline, landing relief is 50 ft. Shoreline Shed relief is 48 ft. Wooden walkway 45 ft relief. The applicant has already proposed to remove 310 sq ft of decking area from the site. 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 may be considered to have minimal to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. The applicant has provided plans that show the existing conditions on the site with the decking location to the shoreline. The applicant is aware the work was done without approvals and would like to rectify the situation as some of the work was done due to the topography constraints and other work was done to accommodate elderly parents on the site. The applicant has had the surveyor overlay the approved decking on the existing deck where the primary issues are for the work at the shoreline. The applicant proposes to maintain the 46 sq ft shed in the current configuration, remove the shoreline deck pathway and replace with mulch, stone landscape areas with native plantings. Also to be removed is a portion of the lower deck to dock area, and a portion of the boathouse deck area. Criteria for considering an Area Variance according to Chapter 267 of Town Law: Staff comments: