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Staff Notes Packet ZBA Mtg Wed June 22 2016 Staff Notes Zoning Board of Appeals Meeting Date: Wednesday, June 22,, 2,016, Quieensbury Zoning Board of Appeals Agenda Meeting: Wednesday, June 22, 20,16 TIme- 7:00- 11:00 prn Qu e ens bury Ac fivi ties Center- 742 Bay Roo d Agenda subject to change and rnoy be found at, www.queensbury.net N.M. -U"A"'Os , Applicantfs) Daniel HLIat Area Variance No PZ-0144-2016 Owner(,$) Daniel Hunt 5P RA T'ype 11 AgentW _.rila Lot Size 1.07 acres Location Lot 90,House No., 13 Bricko Yen Road -Ward 4 Zoning mm� R-3 Zoning Year 19,67 Ward No. Bedford Close,Section 3 Ord Inancei current MDR Tax Id No 308,18-2-2 Section 179-5-020 Cross Rif $a 5-7'2 Warren County Planning June 2016 Putilic Hearing June 22,2016 Adirondack Park A, cramy n1a PrnjectIleucrintaan Applicant:proposes construl;tjon of Sillgle-faInily dAVelli'J1g With a 1,500attached garage. RClief re que,'3 0 the ted f r construction of the garage as it exceeds the 1,100 scl. 11,Maxallum square�footar atlowed�ror as parcel less than,5 acres. Applkqnt(s) Ronald&Cynthia Mackowiak Area Varian"No, PZ-0059-2016 Owner(s) Ronald&Cynthia Mackowiak RIS Ria Type II Agent(s) Hutchins EngineerinLittle&O'Connor W Size 0,82 Acres} Location 9 Glen Hall Drive, Gleri Lake Ward I Zoning WR and No. Tax IdNo 289.11-1-33 Section Cross tRf SP PZ-0057-20 WarrenCountv Plannine n/a Public 22-�016 dironilac!LI!Irk,�&e /t ,.IQJ6 Tabled to Jun� Proiect Description Applicant propuscs constructlon of 440 sq.ft.2-car detached Saragc with.proposed height of 15 ft. 10 in.licight with waiter and electric connection- Relief requested for a 9econ4 garage where only one is allwared as well as setback and height relief. $34e Plair project occurs within 50,11. 1151/16 slopes. -when W- -- ..................... COPNway' � rea Variance No PZ-0160-2016 Qwner(s) Chong S. Conway SEQAA Type II .4 carts Dennis MacElroy,EDFI LotSizo 1.52 Acre(s) Location 633 Bay Road-'hard 2 Zoning Office Ward No. Karen Witte Subdivisioin Tax Id No 1 296.7-1-11 1 Section 179-3-040,Ch9ter 94 Cross Ref I SP PZ-0 14 7-20 16 and r.Nv w PZ-(7148,-21]16 Warren Conn!y Planning June 2016 PublisAmeaft—L-June 22 n/a ,2016 ................................J.Agilondack Park A&Rp&T Project Description Applicant proposes to c an existIng garagelstorageStTLicturc ofa 627 sq..fl.,building filar an office and personal service;where office is 359 sq- fl-and services are 269 sq-ft. An existing msidence on the parcel.will be maintained. Project Includes installatiort of as 139 sq, ft, accessible,rainp to the front of the building, Rdiefrequested minimurn froat yard setbai*requirements and shoreline setbacks. Site Plan &FWW. new cornmvi-cial use and project occurs wIthin 1.00 ft,of a wettand bound Applicant(s) Anne&Ben Campbell Area Variance No HA 156-2016 Owner(s), Ane& Den Campbell SEA Type 11 Agenff8) Wa Lot Size 0-58 acres Location 28 H il lirian Road,-Ward I Zoning WR Ward No. Tax Id No 2'27.17-1-9 Section 179-3-040 179-5-020 Cross Rof BP 2011-095 SFD;BP 2,009-396 Test Pit;ISP 2f11 I- Warren,County planning June 20,16 094 demo of SFD,.3 p 004-336-deck Public Hearing June 22,2016 A:d iron d,ack PS rk Agon cy ALD Project Description Applicant proposes construction of a 288 sq..ft.screened-porch. RelleftcquCsted from minimum rear Yard setback requ[rcroents for the pomb, Also,aplA 1 carit:proposes to maintain pre-,existing 96 sq.ft shed in a nonconip][ant location;relief requested froni LnttM.1r-QP .......... Quieensbury Zoning Board of ,Appealsen Meeting: Wednesday, June 22, 20,16, Time: 7:00- 11:00 prn Que.ensbury Activities Center- 742 Bay Road Agenda subject to chain e and may be found at: v w�w.gueensbury.net A1M ;liesant s John het.Ilu hes Trust � area Variance No PZ-0155-2016 Owners John M, I lu hes Trust � � ®l@ P� II tints Hutchins BJrt ineerin Lot Size 1973 utres Location ation Oxbow EiilI Road,Olen Land zoning RR-3A Ward,No, State Routc 149 IC"sac l d No 28'9.6-1-7 Section 179-3-040 ros lltef" SB F' -0079-2011 ketch 13 l$ -0154-241 Prelim. 4nrren amustt Planning fume 2016 P'ubl a Hearin June 22,21J 16 dir'o dmck Parka e cy ALD Proiect Description Applicant proposes tosubdivide a 19,73 acre vacant parcel into 5-lots for single-family bores, Lot V: 3.3 acres-,Leat I 3-2 acres, Lot:3: 3.6 acres;L,ot.4, 4.1 acres;Lot 5: 5:,5 acres„ Prolect,includes associated site weak„private goad,installati.on of septic and weIIs,lot clealring,and stCrranwatcr rrranagernent. Relief requested from density,road frontage,lot width,;and lot size require bents for the RR-3A7oni.qg district,. Any further business that the Chairman determines may lie properly brought Ibefore the Zoning Board of Appeals, R.evis dVersion,. 6.03.2016 L Jsh (added height relief to Mackowiak,s" VV'description) Final'Version: ..27-2016 C'C3&l' Ish Town of Queensbury Zoning Board of Appeals Community Development Department, Staff Notes Arca Variance No.: I'Z-01"-2016 Project Applicant: Daniel Hunt Project I,o,cati o n- Lot 90,House No. 13 Brickoven Road,Redford Close,Section 3 Parcel Histary: SB 5-72 SEER Type: Type II Meeting Date. June 22-20116 Description of Proposed Applicant proposes construction of single-family dwelling with a 1,500, sq. ft, attached garage. Relief Reqaired: The applicant requests the following relief. Relief requested fdr the construction of the garage as it exceeds the 1,10 sq. ft. maximurn square footage allowed for a parcel I ess than 5 acres. Sprai7 - . c ,tructures -prag e, R,-3 Zoning 19 72 —existi ngzon i n g Moderate Density Rg:%identia I MDR Applicant proposes a 1,500 sq.ft. garagewliere maximum allowed is '1,100 sq, ft. for Parcels less than 5 acres. Criteria for considering an Area Variance neco rd i,ng to ha ter~267 of Town Law: In making a determination, the board shall consider: I. 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.to reduce the garage to the maxi'MUM allowed for the parcel size as it is part of a proposed new home construction 3. Whether the requested area variance is, substantial. The relief requested may be consideiedr Minimal rekVant to the code. The relief is 400 sq. ft. greater than allowed. 4. Whether the proposed variance will have an adverse effect or impact on the physi y Zo n ing Board of.A ppc l —Record of Reso Itotion Town ofQueensbury 742 Bay Road !nu n,*ury, NY 11 804 (518) 761-,8238 Totyv�aw�t'lya rmµt�arr El ;m a0 Area Variance 'Resolution To: Approve Disapprove e - � Applicant Name: Daniel blunt File Number: PZ-0144-201 Location: Lot 90, House No, 13 Bricla,;oven Road - Bedford Close, Section Tax.Map Number: 3013,113-2- Z13A Meeting Date: June 22,2016 The ZoningBoard of Appeals of the Town of Queensbury has received an application fro:m Daniel Hunt. Applicant proposes construction of single-family dwelling; with a 1,500 .9+ ft. attached garage. Relief requested for the constru etion of the garage ars it exceeds the 1,100 ,&q. ft. maximum square footage allowed for a {parcel less than acres. SEQR Type 1l no fartherreview required; pub Iic hearing was advertised and held on Wed nesdgy, June 22 .2016 Upon review of the application r materials, infbrmation 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 alter discussion auid deliberation,we find as follows; Pir R °l"ilF Id:AAI. 'T PIZO 'Il:ED BY STAVF 1, There "_isw anti an undesirable change in the character of the neighborhood noi° a detriment to nearby proporties because . Feasible alternatives are and .have been considered by the board, are reasonable and have been included tornin[mi e true requuesl OR r�� no possible, _.. . The requested variance is/is not substantial because 4. There is f is not an adverse,intipact on the physical or environmental conditions in the neighborhood or district? . The a Ileg d difficulty i8 l is not self-created bemuse tea In addition the Board finds that the benefit to the applicant from granting the requested variance w+oL1ld out eug;h (approval) J would be outweighed by 'denial the resulting detriment to the health, safety and welfare of mtile neighborhood or community; 7. The board also finds that the variance request u:ruder consideration is the minimum,, necessary g. The board also proposes the following conditions- a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution,. THE ABOVE FINDINGS, I MAKE A. MOTION TO APPROVE / DENY AHE. Y-MR-1ANCEP7,0144- 01 , Danie I Hunt, Introduced by_, wino m oved for its adoption, seconded by Duty rl adopwd this 22,"day,of June,,201.6 by the followitig votc-, AYES:, ME& Town of Qveensbury Zoning Boalrd of Appeah Community Development Department Staff Notes Area Variance No.: PZ-00.59-2016 Project Applicant: Ronald & Cynthia Alackowiak Project Location: 9 Glen Hall,Drive,Glen Lake Parcel History: SP PZ-10057-20 16, SP 9-14, SP 74-14,AV$4 4,AV 58-14 SEAR Type: Type 11, Meeting Dnte: June 22,2016 Description of Proposed Applicant proposes construction of a 440 sq. ft. 2-car detached garage with proposed height of 16, ft. 8, in. height with water and electric connection. Relief Req Ili rec ] The applicant requests the following relief- Relief requested for a second garage where only one: is allowed, setback relief and height relief. Section 179-3-040 establishment of districts dimensional rNuirements,— Waterfront Residential Zone -WR The new garage is to be located 6.6 ft. on the north and 8.1 ft. on the south side where as 20 ft. setback is required. The garage height is proposed to be 16 ft. 8 in where the mraximurn height allowed is '16, fl. lor accessory structures in,the waterfront zone. Septigii 179-5-029-mqpsam A detacbed second garage is proposed,wliere only ane garage is allowed Criteria for co asid ering as a,Area Variance according to C hapter 267 of In making at determination, the board shall consider- 'I. Whether an undesirable change will be produced in the character ofthe 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. A few neighboring properties also have garages, 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pars ,e, other than an area variance, Feasible alternatives maybe considered limited due to the configuration of the parcel and the existing home on the site. Possible: alternatives could be considered to renovate the garage storing boat items although ease ofaccess tri the home would be lirnitedw 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Where relief is requested for having two garages and, only one is allowed. The relief requested on the north 13 4 ft. of relief and on the south 11.9 f of relief is requested. 4. Whether the proposed variance will have an, adverse effect or impact on the pbys,ical, Or onvironmental, conditions in the neigbborhood. or district. The project may be considered to have minim,a) impact on the physical or the environmental. conditions of the area. The Plans include stonnwater measures gutter downspout and infiltration; also shown is a boulder wall along the north side of the building. 5. Whether the alleged difficulty was self-created. The difficulty may be considered, self-created. Staff COM The applicant proposes to construct a, 440 sq. ft. second garage on a 0.81 acre parcel that has an existing home, The applicant proposes to maintain the portable garage structure on the site for storage of the boat. The applicant intends to remove canvas shed as part of the project as shown on the plans. The project is also subject to site plan review due to the location Of Steeps slopes near the site. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board ofAppeals—Record, of Resolution TmAm of Queensbury 742 Bay .Road Queensbury, NY 12804 (518) 761-8238 TC vii dQucenshury Area Variance Resolution To: Approve Disapprove Applicant Name: Ronald &Cynthia Mackowiak File Number: PZ-0059-2016 Location: 9 Glen Hall Drive— Glen, Lake Tax Map Number: 299.11-1-33 ZBA Meeting Date. Wed nesday,June 22, 201 The Zoning Board of Appeals of the Town,of Queensbury has received an application frona Ronald & Cynthia MRckowiRk. Applicant proposes construction. of R 440 sq. ft. 2-car detached garage with proposed height of 15 ft. 10 in. height with water and electric conaection. Relief requested for a,seeond garage where only one is allowedas well assetback and height relieC Site Plan, project occurs within 50 ft. 15% slopes, SEQR "Iype 11.—no further review required; A public hearing was advertised and held on Wednesday,February 17,2016,; Wednesday,and June 22,201.6, Upon review of the application materials, infonuration supplied during the public hearing, and upon consideration of the, criteria specified in Section 179-14-080(A) of the Queensbury Town Code ani Chapter 267 of NY$ Town Law and afte;r discussion and,deliberation, we find as follows: [111`111 TI-11111 DR 17"1- PROVIDED BY STAFJ- 1. 'There is / is not an undesirable change in the character of the neighborhood nor as detriment to nearby properties because 2. Feasible alternatives are and have been ronsidexed by the Board, a ingtLided p minimi thR,c qu 5,1 OR are,no 3, The requested variance is.,/ is not subointial because 4a There j _/_j5,_not an adverse impaot on the Physical Or environinental conditions in the neighborhood or district? 5. The alleged difrioulty is / is ao,self-created because 6. In addition the Board finds that the benefit to, the applicant ftom granting the requested variance would outweig]-i tPoRKOU.-I mqwd. i"Shed �0�'—(-dgnj fl the resulting detriment to the health, safety and welfare of the neighborhood or Comm unity; 7. The Board also Finds that the variance re(jUeSt Under consideration is the minimum necessary; 8, Tim Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up, letter sent with fir is rerolution. BASED ON THE ABOVIrl,' FINDINGS,I I�IAKE A MOTION TO APPROVE/DENY AREA VARIANCE NO. M-0059-2016 Ronald & CyntIlia Mackowiak Introduced by Who moved fm-its Rdaption,seconded, by Duly adopted this 2Z'o dn of Lune 2016 by the fbilowing wrote: ,AYES: NOES: Town ,of Queensbury Zoning Board of Appealls Community Development Department Staff Notes Area Variance No.: PZ-0160-2016 Project Applicant. Chong S. Conway. Project Location- 63,3 Bay Road Parcel Histol-y: SP PZ-0147-2016 and FWW PZ,0148-,2016, SEQR,Type- Type 11 ,Meeting Date: June 22,2 016 DescriEtion ofPro pefwd Project: Applicant proposes to update an existi ng garage/storage strUCture of a 627 sq. ft. building ing for an office and personal service; where of is 3,58 sq, ft. and services are 269 sq. ft. An existing residence on the parcel will be maintained,. Project includes installation of a 139 sq. ft, accessible ramp to the front of the building, Relief Req u�tr�ed,' The applicant requests the following relief- Relief requested minfinum front yard setback.requirements and shoreline setbacks, Section 179-3-040 establishment of districts dimensional reguirements— Office Zone® The proposed construction of the access ramp at the front of the building is to be located 2.4 'ft. from.the:front setback where a 75 ft. setback is required. The ramp is also proposed to be 43 fl. from the shoreline setback of the wetland where a 7511. setback is required. Criteria for considering an Area Variance according tohapten267 of Town1L�] In mak�ing a determination, the board shall consider- I. Whether an undesirable change will be produced in the character of the neighborhood or as 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 lirnited due to the location of the existing building. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested is 72.6 ft. from the front property line and 32 ft. from the shoreline.. 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 will have minimal impact on the physical or environmental impacts. S. Whether the alleged difficulty was self-created. The difficulty may be considered, self-created. Lataff commen!!J. The applicant proposes to renovate an existing building for an office and personal service nail salon. The plans show the ramp location, and a rendition of the building shows the exterior and interior layout of the building. Zoning Board of Appeals —Record of Resolution Town of Queensbury 742 Bay Road, Queensbury, NY 12804 (.51,8) 76,1-8238 To I of cLtowjlsb�Irry 77--f Area Variance Resolution To: Ap rove Disapprove p Applicant Name: Chong S. Conway File Number. I)Z,0160-201.6 Location: 6,33 Bay Road—Karen Witte Subdivision Tax Map Number: 296.7-1-11 ZBA Meeting Date- June 22,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from Chong S, Conway. Applicant proposes to update an eXjStiRg garage/storRge .5tructure of a 627 sq. ft. building for an office and personal service; where office is 358 sq. ft. and services are 269 sit. ft. An existing residence on the parcel will he maintained., Project includes installation of a 139 sq. ft, accessible ramp to the front of the: huNing, Relief requested minimum front yard setback requirements and shoreline setbacks. Site Plan & FWW: new commercial use and project occurs within 100 ft. of a wetland boundary. SEQR Type It—no further review required; A public hearing was,advertised and held on Wednesday,June 22,2016 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 o:6'1' Y Town :Lav and after diwussion and deliberation,we find as follows- PER'rm iDRAFr I'ROVIDED BY STAFF" I. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properfie8, because 2. Feasible alternatives,are and liacvie been considered by the Board, arc reasonable and have been included to ni i n i aj ize (be req vest OR are not possible. T. The requested variance is/is nal ,submantial because 4. There is / is,not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty i / is,notself`-cma(edhqq4 6Inaddition the Board finds that the benefit to the apphoant frown granting the requested variance I ould outweigh (approval) / would be ottjmLgi�,her<i ky {denialthe, 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 minfinurn necessary; K ThBoard also proposes the following conditions. a) b) c) Adheivnce tri the items outlined in the follow-Lip, letter sent with this resolution. LLA SKP_QN_TI-L INPf' .1 -"NY AREA VARIANCE PZ-0160- EA@qKL_E_ _MAKE A MU-ION' 10 AITROVE / DL 2016, Chong S. Conway., Introduced by_, who movedfor its,adoption, smanded by Duly adopted this 22"d day of June,2016 by the following vote: AYES: NOES: Town of Queensbury Zoning and of, Appeals Community Development Department StaffNotes Area VariRnce No.: PZ-0156-2016 Project Applicant: Anne&, Ben Camphell Project Location- 28 Hillinan Road Parcel History: BP 2011-095 SFD; BP 2009-386 Test.pit; .BP 2011-094 demo of SFD,; BP 2004-336 deck SEQR Type: Type II Meeting Date June 22,20,16 Description of Proposed Applicant proposes construction of a 288 sq. fl. screened-porch and to maintairt preexisting 96 sq. ft. shed in current location, Relief Requ irM- The applicant requests the following relief. Relief requested from minimum rear yard setback requirements,for the poach,. Also, applicant proposes to maintain pre-existing 96 sq. fL shed in a noncompliant location; relief requested from minimum, front yard setback requirements, Section 179-3-040 establishment of districts dimensional requirements—Waterfront Residential Zone -WR, The porch addition is,to be 18-8 fi, and 20,8 k where a 3 0 ft. setback is req'uired from the North property line. Relief is also requested for,an existing 96 sq. ft. shed, located, 18A ft., from the front property line where a 30 ft. setback is required. Criteria for eonsidering an Area Variance.according,to Chapter 267 of Town In roaring 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 irnpaots 'to the neighborhood may be anticipated. I 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 lot shape and,the floor plan of the house 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Reli ef requested, 11.2 fl. and, 9.2 ft. from the north property line. The shed relief 11.6 ft. A. Whether the proposed variance will have an adverse effect or mpact on the physical or environmental conditions in the neighborhood or district. The project will have minimal, impact on the physical, or environmental impacts. S. Whether the alleged, difficulty was self-created. The difficulty may be considered self-created. Staff cornmeritsi The applicant proposes a 288 sq. ft. screen porch addition to the rear property of the existing home. The information submitted shows the location of the addition and elevations. The applicant has included photos of the exterior where the porch additionIs partially fratned on the back of the home. Zoning,Boand oaf papan l,s— record of Resolution Towyn ofQueensbury 742 Bay Road Queensbury, NY 12804 1 ) 761-8238 Rywo) uRl,yconsbury Area Variance Resolution 'Ler: Approve / Disapprove Applicant Name: AnnP,& Ben CampOcll " File Number: PZ-01 56-2016 Location. 28 F ilknan lead Tax Maps Number. 227.17-1-8 ZBA Meeting mate: June 22, 20,16 The Zoning Board of Appeals of the Town of Queensbury has received an application Anne & Bert Campbell. Applicant proposes construction of au 288 sq. f. screened-pror elr.. Relief requested franc nuivinru m recur yard setback requirements for the porch. Also, applicant proposes, to maintain pre-existing 96 sq. . shed,, in a noncompliant location, relief requested from minimum .l"ront yard setback requirements. eats.. SEQR Type Ill no further review required; :public hearing was advertised and held on.Wednesday,June ZZ, 2111+6,; Upon review of the application materials, information ,supplied during, the public hearing, and, upon consideration of the criteria specified in Section 179--14-0 of the rueensbu.ury Town "ode and, Chapter 267 of l " Town Law and after discussion and deliberation, we find as follows: PE fl1l", DRAVI' PROVIDED, BY STAFF 1. There is, / not ars undesirable change in the character of the neighborhood rear a detriment to nearby properties because . Feasible alternatives are �..- m and have 'been considered, by the Berard, are r susonable and ave. n included to minimize the r clues OR are not nssible. The requested variance is J is not substantial begause 4.. There i / is not an adverse impact on the physical or environmental conditions in the nei, hborhond or district`s . The alleged difficulty is 1 is-not.self-created because . In addition the Board finds that the benefit to the applicant from granting the re u:ested variance would sutvwei, (approval.) f would be eutwein lied b evil the resulting detrir eat 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; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPR(')VF- / DENY ARL"A VARIANC PZ-�O 5-2016 Arnie & Ben Gang bell, Introduced by 1;5P:�2 Inji _ I who moved fot its adotion, seconded by, Duly adopted this 22'0 day of June, 2016 by the following vote; ,' E' NOES: Town of Qveensbvry Zoning Board of Appeals CommunIty Development Department Staff Notes Area Variance No,: PZ-01,55-2016 Project Applicant: John M.11 ughcF,Trust Project Location: Oxbow HIII Road, Glen Lake Road & State Route 149 Parcel History- SIB M-0079-2016 Sketch; SB M-0154-2016 Prelim. SEQR Type: Type 11 Meeting Date. June 22, 2016 Description of Prop Applicant proposes to subdivide a 19.73 acre vacant parcel into 5-lots, for single-family homes. Lot L., 3.3 acres; Let,2: 3.2r acres; Lot 3: 3.6 acres; Lot 4: 4.1 acres; Lot 5: 5.5 acres. Project includes associated site work, private road, installation, of septic and wells, lot clearing and storm nater management. Relief Requuiu ed: The applicant request's the following relief- Relief requested from density, road, frond ge, lot width, and lot size requirements for the 1R-3A zoning district. Section 179-3-040 establishment of districts dirriensionalyeguirements—Rural Residential Three Acres RR- • The project as proposed requires relief from density where the parcel contains steep slopes and 10.41 ac, of the 19.73 ac site is a buildable area; • "rhree of the parcels require lot width relief where 400 ft. is required and Lot 1 is proposed to have 255 ft., Lot 2, proposed to have 245 fl., and Lot 3 proposed to have 257 ft Section 17,x"-4-010 Residential,Design,Req ifirements,Frontae Frontage required is 4,00 ft. where on the private drive proposed for Lot 2 is 306.3 ft. and Lot 3 proposed is 3363 ft. Criteria for considering an Area Variance according to Chapter 267 of To In making a determination, the board shall consider: 1, Whether an undesirable cliange 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 ini,pacts 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 mayr be considered to reduce the number of proposed lots. 3. Whether the mqutsted area variance is substantial, The relief reque,sted may be considered moderate relevant to the code. • Relief requested is 4.59 acres where 1.5 ac of buildable density. • Relief for lot width. Lot 1 145 ft., Lot 2 1,55 ft,, Lot 3 143 ft • Relief for roadfiTontage: Lot 2 93.7 ft,, Lot 3 63.3 ft. 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 will have minimal impact on the physical or environmental impacts. The applicant proposes a grading and clearing plan for each individual lot as part of the subdivision plan. In addition a stormwater pollution prevention plan has been prepared and under review. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments; The applicant proposes to a five:lot s�ibdivision of a 19,73 ac parcel located in the Rural Residential Three Acre zoning. The plans submitted show the location and access off of Oxbow Hill Rd. The arrangement of lots includes a private drive to access all five lots. 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 4wo 'Rywil,ciCwaeas Ury .Area Variance Resolution To: Apptove/Disapprove F-7 r"71'er Applicant 1' an John M. Hughes Trust F)I,e Number- PZ-0155-2016 Location: Oxbow Hill Itoad, Glen Lake Road, and State Koute 149 Tax Map Number: 289,6-'1-7 A1' eetin Date,, JLLne 22,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application fro n,John M.Hughes,Trust. Applicant proposes to subdivide a 1.9.73 acre vacant parcel into 5-tats for single-family hornes. Lot 1.- 3.3 acres} Lot 2: 3.,2 acres; ,, Lot 3: 3.6 acres; Lot 4: 43 acres; Lot 5- 5,5 acres. Project includes associated site work,, private road, installa,tion of septic and wells,lot clearing and stormwater management. Relief requested from density, road frontage,Tot width.,and lot size req,uirernents for the R R-3A Zoning distrct. 8 EQR Type II --no further rreview required; ,A public hearing was, advertised and held on Wednesday, Jung,22,2016; Upon Treview of the application materials, information supplied during the public bearing, and upon consideration of the criteria specified. in Section 179,-14-080(A) of the Qu,eensbury Town Code and Chapter 267 of NY Town Law and after discussion and deliberation,we find as follows,: PER, THE DRAFT PR(WIDED BY STAFF I M There is / is not an undesirable change in the character oval" the neighborhood nor a detriment tnearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable: and have been included to minimi?�Thc"r'-eq'­u"—est-'0­—R are, not possible. 3. The requested variance is/ is not substantial. because: 4 There is / is not an adverse impact on the physical or envirorunental conditions in the neighborhood or district? 5, The alleged difficulty is / is not,self-created because 6. In addition the Board finds that the benefit to the applicant ftorn granting the requested variance would outweigh prqyal) / would be otjjw�ei Ilq by_jdgniaj� the resulting detriment to the health, safety mid, welfare of the neighborhood or,community; 7, The Board also Ends that the variance request under consideration is the minimuin necessary 8. The Board also proposes the following conditions. a) b) ...... c) Adherence to the items outlined in the follow-up letter sent with this,resolution. BASED ON J'HE ABOVE FINDINGS, I MAKE A MOTIO NTO APPROVE / DENY AREA VARIANCE PZ-0 15 5-2016,John M. Hughes Trust Introduced lad. adey who,moved for its,adoption, secon d b Duly adopted this,22'd day of June, '2016 by the following voW. AYES: NOES: