Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 54-2013
Project Applicant: Jerry & Linda Steves
Project Location: 15 Greenway North
Meeting Date: October 16, 2013
Description of Proposed Project:,
Applicant proposes construction of a 182 sq. ft. 3 season porch 3 season porch.
Relief Required:
Parcel will require variance relief from the Zoning Code section 179-3-040 Establishment of Zoning
Districts
Side Setback/MDR zone
Required 25 feet
Proposed S 18 ft
Relief S 7 ft
ICriteria for considering an Area Variance according to Chapter 267 of Town Law: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 limited due to the
existing house configuration of windows and doors.
3. Whether the requested area variance is substantial. The relief requested may be considered
minimal 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. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated
Page 1 of 2
Area Variance No.: 54-2013
Project Applicant: Jerry & Linda Steves
Project Location: 15 Greenway North
Meeting Date: October 16, 2013
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
BP 2013-379: Porch
Staff comments:I
The applicant proposes to construct a 182 sq ft 3-season porch to the rear of the existing home. The
addition does not meet the required south side setback. The information submitted shows the location of
the addition, setbacks to the property line, a drawing of the addition elevation with windows and access.
SEQR Status: Type II
Page 2 of 2
Zoning Board of Appeals
Community Development Department Staff Notes
ZONING BOARD OF APPEALS SAMPLE SCRIPT
Board member can state the following four (4) items to begin the motion:
1. As per the resolution prepared by staff; therefore it will not be necessary to repeat the
project description or the code section;
2. We will provide responses to items 1-7;
3. Based on our responses to Items 1-7; we will make a motion to approve / disapprove;
4. We will add specific conditions or state that there are no conditions other than the
"boilerplate conditions" C through F (if a condition of approval is discussed throughout the
meeting but is not inserted into the approving resolution it doesn't exist)
TOWN OF QUEENSBURY ZONING BOARD OF APPEALS
RESOLUTION TO APPROVE/ DISAPROVE AREA VARIANCE 54-2013
JERRY & LINDA SIEVES
TAX MAP ID 302.5-1-59
Steven Jackoski, Chairman Roy Urrico, Secretary
TO:
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jerry &
Linda Steves for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of
Queensbury for proposed construction of a 182 sq. ft. 3 season porch. Relief requested from
minimum side yard (south) setback requirements.
SEQR Type II-no further review required;
A public hearing was advertised and held on October 16, 2013;
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:
<insert responses to 1-7>
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 would outweigh / would be outweighed by 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;
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DISAPPROVE AREA VARIANCE
NO. 54-2013, JERRY & LINDA SIEVES, Introduced by who moved for its adoption, seconded
by
As per the resolution prepared by staff with the following:
A. <insert specific condition>
B. <insert specific condition>
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 16th day of October 2013, by the following vote:
AYES:
NOES: