Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Notice of Appeal: 1-2022
Appellant:
Project Location:
Meeting Date:
Starr Mowery
2 Glendale Drive
September 28, 2022
Information Requested:
Appellant is appealing the Zoning Administrator's determination regarding residential elements in the
Commercial Intensive; (CI) zone.
Staff Comments:
First, Standing:
Was the appeal taken within the appropriate 60 day time frame and is the appealing party aggrieved?
Was the appeal filed within the required timeframe:
• The Notice of Appeal application was filed with the Town on August 8, 2022. The Zoning
Administrator determined, on May 23, 2022 that the proposed revisions to the property at 2 Glendale
constitute the addition of residential uses, thus requiring a Use Variance and Site Plan Review. At the
request of the applicant or applicants' agent, the Zoning Administrator issued a clarification email of
July 21, 2022 and it is that email that is the basis for the appellants claim that this appeal is timely. A
determination that new residential uses are not allowable at 2 Glendale Drive can be traced to a
December 13, 2017 letter from the Zoning Administrator to the appellant.
• Appellant is the owner of 2 Glendale Drive
Second, Merits of the argument if the appellant is found to have standing:
The issue at hand is that the Town is concerned that the spaces labeled as "office" also meet building code
requirements for residential dwelling units and that such residential uses are not allowable in the CI district.
The Zoning Administrator has requested that the appellant confirm/certify that the "office" spaces shown on the
most recently revised plans will not be used for residential purposes. Use Variance 1-2018 was Denied by the
Zoning Board of Appeals and that project was to add 4 residential uses the building at 2 Glendale. The current
"office" revision plan is to add 4 "office" spaces with kitchens, bathrooms and laundry facilities. It is the
Zoning Administrator position that if the "office" spaces contain all components of a dwelling unit that they
will be considered as dwelling units and, to that end, new residential dwelling units are not allowable in the CI
district.
The appellant's main argument appears to be that individual spaces with a kitchen, shower/tub and laundry
facilities should be considered as commercial uses and thus allowable within the Cl district.