Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No. 64-2014
Project Applicant: William Gedney
Project Location: 33 Sullivan Road
Meeting Date: September 11,2014
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Applicant proposes construction of a 1,080 sq. ft. detached garage at a height of 25 feet 6 inches. Parcels
are in the process of being combined.
Relief • 'airedt
Parcel will require area variances as follows: Relief is requested for the construction of garage that does
not meet the setback requirements. Section 179-5-020 Accessory structure—garage.
CORNER LOT Front(WR) Rear(WR)west Height(WR)
Sullivan Place
Required 30 ft. 30 ft. 28 ft. max
Proposed 5 ft. 25 ft. 25.6 ft.
Relief 25 ft. 5 ft. 2.4 ft.
Criteria for comiktiling mare Variants according to Chapter 267 of Town Lawt I
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
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 considered limited
due to the width of the parcel at 60 ft. and the requirements for a corner lot setbacks, as well as height
in the WR zone.
3. Whether the requested area variance is substantial. The relief requested may be considered
substantial relevant to the code.
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
limited or no impact on the environment of the neighborhood.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
IParcel History(asalorhlte pladvariance,etc.):I
BP 88-915: Single Family dwelling
Staff comments:
The applicant proposes to construct a 1,080 sq. ft. detached garage to be 25.6 ft in height. The structure
does not meet the required setbacks for a corner lot and does not meet the height requirement of the
waterfront residential zone. The applicant has indicated that garage will be used for vehicles that
currently stored offsite. The height of the garage is needed as the applicant has indicated for storage of
items not able to store in the home. The applicant has explained work being completed to clean up the
property including working with the neighbor. The plans show the location of the garage, elevation and
information about a shed to be relocated. The survey identifies the required setbacks for the corner lot
where a 30 R. setback is required for each front and the parcel is only 60 ft. wide.
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Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Steven Jackoskl, Chairman Roy Urrico, Secretary
TO: William G.Gedney PROJECT FOR: William G. Gedney
33 Sullivan Road 33 Sullivan Road
Queensbury, NY 12804 Area Variance No. 64-2014
SBA Meeting Date: Thursday, September 11, 2014
RESOLUTION TO:--,Area Variance No. 64-2014,William G. Gedney,33 Sullivan
Road,Tax Map Numbers 269.9-1-23 and 22
The Zoning Board of Appeals of the Town of Queensbury has received an application from William G.
Gedney for a variance from Section(s): 179.4.030; 179.5-020 of the Zoning Code of The Town of
Queensbury. Applicant proposes construction of a 1,050 sq.ft.detached garage at a height of 25 ft. 6 In.
Parcels are In the process of being combined. Relief requested from minimum front and rear yard
setback requirements. Also,relief requested from maximum Might restrictions for an accessory structure
In the WR zoning district.
SEAR Type II-no further review required;
A public hearing was advertised and held on Thursday, September 11,2014;
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. Will an undesirable change be produced in the character of the neighborhood or will a detriment
to the nearby properties be created by the granting of the requested area variance?
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant
to pursue,other than an area variance?
3. Is the requested area variance substantial?
4. Will the proposed area variance have an adverse impact on the physical or environmental
conditions in the neighborhood or district?
5. Is the alleged difficulty self-created?
6. In addition the Board finds that the benefit to the applicant from granting the requested variance
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;
Page 1 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary(such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution(continued)
ZBA Meeting Date: Thursday,September 11, 2014
Area Variance Application No.64-2014,William Gedney
Based on the above findings I make a MOTION TO-Area Variance No. 64-2014,WILLIAM
GEDNEY, Introduced by .who moved for its adoption,seconded by
As per the resolution prepared by staff with the following:
C. The variance approval Is valid for one (1) year from the date of approval;you may request an
extension of approval before the one (1) year time frame expires;
D. Final approved plans in compliance with an approved variance must be submitted to the
Community Development Department before any further review by the Zoning Administrator or
Building &Codes personnel;
E. Subsequent issuance of further permits, including building permits are dependent on receipt of
these final plans;
F. Upon approval of the application;review and approval of final plans by the Community
Development Department the applicant can apply for a building permit unless the proposed
project requires review, approval, or permit from the Town Planning Board and/or the Adirondack
Park Agency, Lake George Park Commission or other State agency or department.
Duly adopted this 11th day of September 2014,by the following vote:
AYES:
NOES:
Steven Jackoski,Chairman
Queensbury Zoning Board of Appeals
SJ/sh
cc: George W.Gedney
Page 2 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)