Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 42-2022
Project Applicant:
Thomas & Marybeth Babcock
Project Location:
15 Chestnut Road
Parcel History:
SP 57-2022; AV 45-2012; AV 46-2012; SP 55-2012; AV 73-1990; AV 1415;
SP 35-SSA
SEAR Type:
Type II
Meeting Date:
September 21, 2022
Description of Proposed Project:
Applicant proposes to construct a 2-story addition to the south side of the existing home. The existing home is
1,079.2 sq. ft. with 357 sq. ft. porch area (footprint); the existing floor area is 2,230 sq. ft. The new garage to be
554 sq. ft.; total new floor area is 2,569 sq. ft. Site plan for new floor area in a CEA and expansion of a
nonconforming structure. Relief is requested for setbacks, floor area, and height.
Relief Required:
The applicant requests relief for setbacks, floor area, and height for the construction of a new garage and a two-
story addition to the existing home.
Section 179-3-040 WR, 179-6-065 new floor area, 179-13-010 expansion
The existing garage to be demolished where the new garage is proposed to be 5 ft to the side property line
where 12 ft is required, proposed 16.2 ft to the front property line where a 30 ft setback is required. The 2-story
addition is to be located 6.8 ft to the side property line where a 12 ft setback is required. Relief is also requested
for the garage height of 17 ft where 16 ft is the maximum allowed, then the floor area is proposed to be 2,569 sq
ft where 1,615 sq ft is the maximum allowed noting the additional floor area being added is 339 sq ft.
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 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 considered limited due to
the lot size of 0.17 ac and the existing house location.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief is requested for floor area where 35 % is proposed and existing is 30 %; 5%
more than existing and 13% more than allowed. Garage relief is 7 ft to the side, 13.8 ft to the front and at
most 1 ft for the height. The relief for the addition is 5.2 ft to the side.
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 will have minimal impact on the
physical or environmental impacts. The applicants plans show removal of a hard surface area to be replaced
with a grid and grass system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes two residential improvements to an existing property. One is new garage of 554 sq ft
and the second is a 2-story addition to the existing home. The applicant has provided additional information
explaining the need for the residential addition and to have a garage suitable to park a vehicle. The applicant
has provided the existing and proposed conditions of the home. The plans submitted show the elevation and
floor plan.
Zoning Board of Appeals
Community Development Department Staff Notes