Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 62-2022
Project Applicant: David & Penny Kovacs
Project Location: 20 Fox Road
Parcel History: n/a
SEQR Type: Type II
Meeting Date: November 30, 2022
Applicant proposes construction of a 315 sq. ft. deck to an existing home. The existing home of 2,500 sq. ft.
remains and no changes are proposed. The applicant’s home was constructed in 2006 and the as-built survey
was provided. The lot is located in an approved 1970 subdivision (SUB 1-1970). Relief is requested for
setbacks.
The applicant requests relief for setbacks to construct a deck on the rear of the home. The parcel is 0.48 ac in
the MDR zone.
Section 179-4-080 deck
The 315 sq. ft. deck is to be located 8.38 ft. from the rear property line where a 30 ft. setback 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.
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 appear limited due to the existing
house location where the house does not meet the required setback.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested is 21.62 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impacts on the physical or
environmental conditions in the neighborhood may be anticipated. The applicant has indicated that a deck
had been constructed previously that deteriorated and has been removed.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicants propose a 315 sq. ft. deck to the rear of the house. The plans show the location of the deck. The
applicant was not aware of the setbacks when built and has all materials for the new deck stacked. The as-built
indicates the setbacks were not identified in 2006 as being an issue. The applicant was granted a survey waiver
with no additional requirements.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: