Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 63-2022
Project Applicant: 3 Sons and Holly, LLC. (Michael Carey Jr.)
Project Location: 28 Holly Lane
Parcel History: SP 76-2022
SEQR Type: Type II
Meeting Date: November 16, 2022
Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the
existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a
new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of
an on-grade paver patio area and stone slab path, enlarging the fire pit area. In addition, there is to be a rain
garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. footprint
garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and
hard-surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a
nonconforming structure, and setbacks.
The applicant requests relief for residential addition for permeability, expansion of a nonconforming structure,
and setbacks. The project site is on a 0.34 ac parcel in the WR zone.
Section 179-3-040 dimensional
Relief is requested for permeability where 68.14% is proposed and 75% is required. Existing is 71.6%. The
deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100
ft. is required.
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. The applicant proposes alterations to an existing home and site.
2. Whether the benefit sought by the applicant can be achieved by some method, feasi ble for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the location
of the existing home near the shoreline.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. The relief requested for permeability is 6.86% and setback relief is 11 ft for the deck
and 65 ft for stormwater.
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. Stormwater controls are
proposed.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant proposes to alterations to the existing home to create a new entryway. The additional work
includes a new deck to the back of the home and patio area improvement. The plans show the new addition
entry elevation and the floor print area of the new deck.
Staff comments: