AV 53-2022 Resolution (West) 10.19.22
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Renee & Tom West
File Number: AV 53-2022
Location: 79 Knox Road
Tax Map Number: 239.7-1-16
ZBA Meeting Date: October 19, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Renee & Tom
West. Applicant proposes to demolish an existing home to construct a new home of 3,315 sq. ft. footprint with
a detached garage of 1,100 sq. ft. and a total floor area of 8,720 sq. ft. The home is to be 27 ft. 8 inches in height
and the garage is to be 27 ft. 11 ½ inches on a 1.22 acre parcel. The project includes new septic system,
stormwater controls, permeable driveway areas, and landscaping. Site plan for floor area, hard surfacing within
50 ft. of shoreline, and freshwater wetlands for work within 100 ft. Relief is requested for setbacks and garage
height.
The applicant requests relief for setbacks of stormwater device and garage height in the WR zone on a 1.22 ac
parcel.
Section 179-3-040 dimensional and Chapter 147 Stormwater
The stormwater infrastructure is to be located 40 ft. from the wetland and 81 ft. from Lake George where a 100
ft. setback is required. Relief is requested for the height of the garage building where 27 ft. 11.5 inches is
proposed and accessory structures in the waterfront zone are limited to 16 ft.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, October 19, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. As presented by the applicants they have a strong desire to have a detached garage as opposed to
a connected garage so the house can be built without being re-arranged.
2. Feasible alternatives have been considered and are not possible given the request by the applicants.
3. The requested variance is substantial, but it’s not substantial in this case it’s permitted by a majority of the
Board members because it will be mitigated by the height of the road behind the project.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Relief Required:
5. The alleged difficulty is self-created because they wish to create this detached garage.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. AV
53-2022, Introduced by James Underwood, who moved for its adoption, seconded by Michael McCabe:
Duly adopted this 19th Day of October 2022 by the following vote:
AYES: Mr. Cipperly, Mr. Henkel, Mr. Underwood, Mr. McDevitt, Mr. McCabe
NOES: Mr. Urrico, Mr. Kuhl