Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 45-2022
Project Applicant: Ethan & Jody Burgess
Project Location:
Parcel History:
SEQR Type:
Meeting Date:
2 Hidden Hills Drive
n/a
Type II
September 28, 2022
Description of Proposed Project:
Applicant proposes to install a 648 sq. ft. pool with no other changes to the site. The existing home of 1,648 sq.
ft. is to remain with no changes. Relief requested for pool setbacks.
Relief Required:
The applicant requests relief for pool setbacks. The parcel of 0.63 acres is located in the MDR zone
Section 179-5-020 — swimming pool
The applicant proposes installing a pool in the rear yard 10 ft from the rear yard where a 20 ft setback is
required.
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 limited due to the location
of the home on the parcel and the lot shape.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested for 10 ft to the rear yard.
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 impact to the physical or environmental conditions in the neighborhood or district.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The existing home is to remain with no changes. The applicant proposes to place a pool in the rear yard of an
existing lot. The survey provided shows the location of the pool and setback information.