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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No. 65-2014 Project Applicant: Stephen & Patricia Metivler Project Location: 125 Northwest Road Meeting Date: September 11,2014 Dsse , . of Applicant proposes construction of a 528 sq. ft. attached garage onto existing 2,641.15 sq. ft. home. Project includes a second story addition of 1,421.15 sq. ft., and a 505.95 sq. ft. deck. l! Parcel will require area variances as follows: Relief is requested to construct an addition that does not meet the required setback. Section 179-3-040 Establishment of Districts —R-2 zoning of Northwest Village Section 2 approved subdivision. Front yard setback(Northwest Village, Sect. 2 subdivision—R-2) Required 30 ft. Proposed 18 ft. 4 in. Relief 11 ft. 8 in. i Criteria fu comiderhtq as Area VaNun according to Chapter 267 of Town Law: 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 possible to reduce the size of the garage addition. The plans show the parcel is a corner lot,the existing structure is non- compliant, and the project area contains steep slopes. The disturbance is limited to areas at each end of the existing home as shown on the plan. 3. Whether the requested area variance is substantial. The relief may be considered moderate 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 adverse impact. The applicant has indicated that stormwater measures are being implemented with the proposed project that improves the integrity of the building. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Parcel History(coastroctioakite plan/variance,etc.):I BP 14-309: Residential addition,pending BP 6687: 1980 (Btdf COMM* The applicant proposes to construct residential additions to an existing structure one is 528 sq. ft. attached garage and above will be a den. The southern end addition is to be 809 +1- sq. ft. includes a wine cellar at the basement level and a master bedroom area above. The third addition is 165 sq. ft. sports storage area with a deck above. The representative of the applicant has indicated the new additions and internal alterations will make the home more efficient with useable space. The plans show the location of the additions and the floor plan of the entire home including existing and proposed. SEQR Statwt I Type II 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 Jackoski, Chairman Roy Urrico, Secretary TO: Stephen & Patricia Metivier PROJECT FOR: Stephen & Patricia Metivler 125 Northwest Road 125 Northwest Road Queensbury, NY 12804 Northwest Village,Section 2 Area Variance No.65-2014 ZBA Meeting Date: Thursday,September 11,2014 RESOLUTION TO:-- Area Variance No. 65-2014,Stephen& Patricia Metivler, 125 Northwest Village,Section 2,Tax Map No.308.17.1.27 The Zoning Board of Appeals of the Town of Queensbury has received an application from Stephen& Patricia Metivler for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of Queensbury.Applicant proposes construction of a 528 sq.ft. attached garage onto existing 2,641.15 sq.ft. home. Project includes a second story addition of 1,421.15 sq.ft.,and a 505.95 sq.fl. deck. Relief requested from the minimum front yard setback requirement for the Northwest Village, Section 2 Subdivision. SEQR 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) ZIA Meeting Date: Thursday,September 11,2014 Area Variance Application No. 65-2014,Stephen and Patricia Metivler Based on the above findings I make a MOTION TO-Area Variance No. 65.2014,Stephen and Patricia Metivier, 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 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 11e day of September 11, 2014, by the following vote: AYES: NOES: Steven Jackoski,Chairman Queensbury Zoning Board of Appeals SJ/sh cc;Travis Kline 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 Jurbdlctlonal or other approvals are necessary (such as review by the Queensbury Planning Board.) • •