Loading...
ZBA Staff Notes Packet for mtg Wed November 16 2016 Staff Notes ZBA Meeting Wednesday, November 16, 2016 @7pm ueensbulry Zoning Board of Appeals Agenda Meeting:Wednesday,November lb,2016 Time;7:00- 11,00 pm Queensbury Activities Center—742 Bay Road Agonda subject to change and may be found at: www.queensbury.net Approval of meeting minutes: October 19,2016 Administrative Item: Request for extension of approval. Area Variance No.74-2414 David Hartmann 51 Assembly Point Road. Resol anon for approval of Calendar for Year 2017 relative to the scope of activities for the Dept.of Community Development,Zoning Board of Appeals and Planning Board. NEW BUSINESS: Applicant(s) Lisa Daigle Area Variance No PZ 246-2016 Owner(s) Lisa Daigle SEQRAT e E Agent(s) n/a Lot Size 19.36 Aero(s) Loration 1943 Ridge Road-Ward 1 Zoning RR-5A—portion in Ward No. CEA Tax Id No 2533-1-32.1 Section 179-5-670 Cross Ref BOTH 601-2016 dcma[ition barn;BOTH 650- Warren County Planning November 2016 2016 detached garage,BF 1374 yr. I"I covered parcel Public Flicaring November 16 2016 Adirondack Park Agency ALD Pro meet Dzscriglion Applicant proposes demolition of an existing barn and construction of a 3,640 sq. ft. building, (l,343}I-sq- f,garage; 1.342+}-sl-$,storage; 5 t 9 t{-sq. tL storage;275+1-sq.ft.utility space). Project site has 3 accessory buildings— this would be the 48. Relief requested from the maximum allowable square footage of the combi ned acceasory structures on the parcel,number of a]lowablc Ucessory structu and for more than one garage bul Iding. Ak licant s Justin Ri yc s Aren Variance No PZ 241-2016 Owners Ricardo Rc es SEQRA Type U Agent(s) n!a Lot Size 0.34 Acres Logia#Ion 29 Buena Vista Avenue-Ward 3— Zoning MDR Ward No. Westland,Ubdivision, Soctioti 12 Tax Id No 301.7-1-52 Section 179-5-070 Cross Ref BP 2015-175 septic alt.: BP 96-382 porch over Warmn County Planning n!a existi slab' BP 1399 yr. 1972 SFD Public Hearing November 16 2415 Adirondack Park Agency n!a Pru meet Description Applicant seeks approval to complete installation of a 6 ft. high stockade fence in the front yard(Potter Road)of the property on the corner of Fatter Road and Buena Vista Avenue. Rellcf requested from maximum height restrictions and t ypc of allDwablc Fence for the parccl. Applicant(s) Jack Schultz Area Variance No U,240-2016 Owners lack Schultz SE R+l Type 11 A► ertt s n1a f l Gt Size 1,36 Acre(q) Location 27 Glenmar Drive-Ward I -Slonehurst Zoning MDR Ward No. Section 1 Tax Id No 290.6-1-49 Section 179-5-020 Cross Ref IJP 99-077 crawl foundation:I31188-101 SFD Warren County Mann Ing November 2016 PublicHenri n November 16,2016 Adirondack Park Agency nJa Proieet Descfiution APPlicant proposes a 624 sq,ft.shed to be placed on the property where an existing 120 sq.ft.shed exists. Rcl[cf rc ucstcd from maximum a]lowabic 5 u=Footage for sheds. Page 1 of 2 Queensbury Zoning Board of Appeals Agenda Meeting,Wednesday,NovernNr 16,2016 Time:7:00- 11:00 pm Queensbury Act]vities Center—742 Bay Road Agenda subject to change and may be fount at; mvw.que"sbury,net A Iicard s Sigh Mott r Area Variance No PZ 247-2016 Owners Sigh&Patricia Monger SkA Type 11 Agent(s) n/a Lot Size 0.29 Acrc s Lacotion 43 Meadowbrook Road- Ward 2 Znniug MDR Ward No. Tax Ed No 309,5-]-14 Section 179-3-040 Cross Rof RC 473-2016 res.altemflon: BP 2015-331 Warren County Planning We solar pottols roof upgrades;BP 2013-215 res. alterations Public Hearing November 16,2016 Adirondack Park Agency n1a Project Description Applicant proposes construcEion of a 144 sq. ft_roof covering over an existing walkway_ Relief requested from minimum front and side setback re uirements ofthe MDR 7oni ng district. Applicant(g) Dav1d 13# ue Area Variance No FZ 249-2016 Owner(s) David Bogue and Brian Bo ue SE RA Type 11 Agent(s) Tom Hutctkins-Hutchins En&LneeFing Lot Size 1.43 Acr05 Location 145 Eagan Road-Ward 4 "Zoning WR Warn No, Tax Fd No 315A-14 Scetlon 179-3040; 179-4-450 Cross Ref B 2006-563 Demolition Warren County Plaktaing November 2416 Public Hearing I Novernberl6,2016 AdlrondackPark Agency Tva Project Oeserjutlon Applicut proposes to relocate a 2-story 620 sq. ft., 1,240 sq,ft, living space from west property "Edwards".The project is located 184 ft.from the shoreline where 320 ft,would be required based on two houses on adjoining lois. Project includes new se ]c and nEW well_ Relief re ucstcd from shoreline setback rc uImments. Any further business that the Chairman determines may be propedy brought before the Zoning Board of Appeals. Final Version ZBA Agenda: 10.26.2016 i B&Wsh Revised; 10.31.2016CRtLM1sh (Added Administrative Item) Devised. 11.49.2016 CBILMIsh(Added: Calendar for Year 2417...etc-) Page 2 of 2 C L IDRA F Zoning Board of Appeals—RecvrJ of Resolution Tovy-n of Qijeensbixry 742 Bay Road Queensbury, NY 12804 {518) 761-8238 Town cad{Lrvensbury Resolution to Approve Calendar for Year 2017 relative to scope of activities for the Dcpartment of Community Development, Zoning ]Hoard of Appeals and Planning Board. BA Meeting Date: Wednesday, November 16, 2016 The Zoning Board of Appeals ( BA) of the Town of Queensbury has received from Community Development Staff the calendar and scope of activities for the Zoning Board of Appeals and Planning Board Year 2 717_ IOTTON TO APPROVE. / DENY the calendar and scope of activities for the Departinent of ommunit F Developme,ra relative to the ,honing Board of Appeals dates for the year 2017 Introduced by _, who moved for its adoption, seconded by Duly adopted this 16`h day of Novemb-,r, 2016 by the following vote: AYES- NOES. AWES:NOES: 2017 Meeting Date Information (subject to change) Planning & Zoning Board of Appeals Planning Board Meeting Dates Zoning Board Meeting Daus January 1-17-17 1-24-17 1-18-17 1-25-17 February -14-17 2-21-17 2-15-17 2- -17 March 3-21-17 3-28-17 3-22-17 1 3-29-17 A rii 4-18-17 4-25-17 4-19-17 4-26-17 May 5-16-17 5-18-17 -17-17 5-24-17 June -20-17 6- 7-17 -21-17 6-28-1.7 July 7-1 -17 7-25-17 7-19-17 7-2 -17 August -15-17 8-22-17 8-16-17 8-23-17 September -- -19-17 -2 -17 9-20-17 -27-17 October 10-17-17 10-24-17 10-18-17 10-2517 November 11-14-17 11-28-17 11-15-17 11-29-17 December 12-19-17 12-21-17 12-20-17 TBA. r, :t r-i dy � —A M Ln rL m m m m vi N r,4 Lf} —4 rK N Ln ri N m LD M O r� m O r� V 44 0 N m � LL S`I N N LL rl HI N LL H N 4N un ry m Lp ra rn Sn m C3 r} ,-1 ao ra ri (V M � ry CY N Gr m .0H 8p L+ A N 4l � +A mfD r+ cc r•I ri hE H fV rA H CV fV U c av rn ,t°i rr"i m r l T-A N 0- -A av Ln N ar Ln N m o n a� o r-I ra !V V) r-I N 4+'F r-1 e•I N {YS C fD 9J V3 ri N N Ln ri N M LL H N IV LL .--[ -A ry LL r A {y N LD m n rw m O rt —A rl d H w �p r-i Ndp rV ri rl rV fi'} r-I N N 7. Ln rw LO j ni 4} sA r*f In E Lo m O r- ri � r*F � ri N m �, +•i N N 0 m " 44 LD POC t•+]FT7- N r- I� I � +i a] Ln N cn u mm r- M b 1 'n —1 N N U5 *-i ry ry to -A r-t N 54 r} c*- H = Lr} N cn WN 0� LD m C3 LL ri N N LL r•I r•r IV U- rq rN m s a m o n -A Ln -A oo ul� N m fy ra —A N .--r cli rw � m 4 ,--1 H N ri H e4 M i- ri p*1 H r+l N M to en tom*! N D rw N cn lQ m O H {fd r•I R} V) Vl ,-[ N M Lrs ry N en +A H rV {6 40 M1 # —A 46 R' ri 00 Ln Rr r-i w 0 iE] flF Lb FTF Q M1 R'Y Q i- -T M 6 h � rq 16 LL 1""t {y r`1 LL r1 ti- r-1 r•I r-0 Mro n �r5 N Q} ~G N 0'S SO M ry Ol iD eq m u r•1 H N H r•1 ? H rV 1�'i c L � 1O pq m 70 10 r-f N M ,--r ,--r {J ry -O as w Ln ra rn cn - N ry V) .y rI N L+} —i A ry jc-�h Zoning Board of Appeals —Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-825 Town of{LrvcndArry Area Variance Resolution To: Approve 1 Disapprovee Second Request for an Extension of Approval Applicant Name: David Hartmann File dumber: Area Variance No. 74-2014 Location: 51 Assembly Point Road c— 'Op4"Tax Map Number: 239,12-2-1 BA Meeting Date: Wednesday, November 16, 2016 The Toning Board of Appeals of the 'Town of Queensbury has received a letter from David Hartman, dated October 31, 2016 requesting farther extension of approval from original approval by the TBA on November 18, 2014 and from the first extension of app7toval by the TBA on November 18, 2015. The applicant proposes demolition of existing 1,448 sq. ft. cottage and construction of a new year-round single-family dwelling. The new home will be 3,585.5 sq. ft. The variances required; minimum side on the north side: 15 ft. is required, 6.2 ft. is proposed, 8.8 ft. of relief. The south side: 15 ft. is required, proposed is 13.1 ft., relief requested is 1..9 ft. The shoreline: 55 ft. on average for a house setback; proposed is 52.3 ft.; the relief requested is 2.7 ft. !Floor Area Ratio: 22 percent 6 required, proposing 29 percent; requesting 7 percent relief. On the height: maxinium height 28 ft. required; proposed is plus or minus 31..8 ft. and it will be less than 3.8 ft. And, that the stormwater^the rain gardens will comply with 1.5 gallons per square foot. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE I ]DENY Ti-1E SECOND REQUEST FOR EXTENSION OF APPROVAL FOR AREA VARIANCE NO. 74-2016, David Hartmann, Introduced by _ _ _, who moved for its adoption, seconded by Duly adopted this 16`x'day of November 2016 by the following vote: AYES; NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Noses Area Variance No.: PZ 246-20161 Project Applicant: Lisa Daigle Project Location: 1903 Ridge Road,Ward i Parcel History: BOTH 601-2016 demolition barn; BOTH 650-2016 detached garage; BP 1374 Y r. 1971 covered parcel EQR Type: Type II Mecting Date: November 16, 2016 Description of Proposed Pro'cct: Applicant proposes demolition of an existing barn and constrtuction of a 3.640 sq. ft. building. (1,343 +7- sq. fl. garage; 1,342 +7- sq. ft. storage; .519 +/- sq. ft. storage; 275 +7- sq. ft. utility space). project site has 3 accessory buildings—this would be the 4`'. Re]iefRequ�red' The applicant requests relief from the maximum allowable square footage of the combined accessary structures on the parcel, numbei- of allowable accessory structures, and for more than one garage building. Section 179-5-020 —Accessory Structures—garage The code allows foT one garage at 2,200 sq ft on parcels greater than 5 acres and cannot exceed the principal structure square footage. The applicant proposes a 3,640 sq ft building that would contain 1,343 sq ft garage where there are existing buildings on the site that meet the definition of a garage due to door width. In addition, there are three accessory structures where there are only allowed three for lots greater than 3 ac where this is the fourth accessory structure. The maximum size allowed is 750 sq ft for total of accessory structures where proposed for building is 794 sq ft. The parcel is 19.36 ac. Criteria for considering an Arca Variance according to Chapter 267 of Town Law: In making a determination, the board shah consider- 1. onsider: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. . 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 available to reduce the door width. . Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief requested for accessory structure total square footage 44 sq ft in excess of the amount allowed at 750 sq ft. Relief requested for more than one garage and four accessory structures. 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 as proposed will have minimal impact to the neighborhood. 5. Whether the alleged difficult was self erected. The difficulty may be considered self created. Staff comments: The applicant proposes the construction of a 70' by 60' new building and has taken down a 42'x33° cow barn building. The applicant has indicated the new structure will allow for equipment storage for property maintenance and a hobby work area. The applicant has provided background information about the property and buildings being used for farming. The submission includes a survey, drawings of the proposed building with elevations and floor plan. Zoning Board of Appeals Community Development Depcirfment Staff dotes QL Zoning Board of Appeals— Record of Resolution Town of Quemsbury 742 Bad+ Load Queensbury, NY 12.844 (518) 761-52;8 7okyn of rnu.ebury Area Variance Resolution To: Approve I Disapprove Applicant Name: Lisa Daigle File Number; PZ 246-2416 Location: 1903 Ridge Road Tax Map Number: 253.3-1-32.1 BA Meeting Date; Wednesday,November 16, 2016 The Zoning Board of Appeals of'the Town of Queensbury has received an application from Lisa Daigle. Applicant proposes demolition of an existing barn and construction of a 3,640 sq. ft. building. (1,343 +1- sq. ft. garage, 1,342 +{- sq. ft, storage; 519 +{- sq, ft. storage; X75 +!- sq, ft, utility space). Project site has 3 accessory buildings--this would be the 4`'. The applicant requests relief from the maximum allowable square footage of the combined accessory structures on the parcel, number of allowable ae msory structures, and for more than one garage building. Section 179-5-020—Accessory Structures —garage The code allows for one garage at 2,200 sq ft on parcels greater than 5 acres and c=ot exceed the principal structure square footage. The applicant proposes a 3,644 sq ft building that would contain 1,343 sq fl garage where there are existing buildings on the site that meet the definition of a garage due to door width. In addition, there are three accessory structures where there are only allowed three for lots greaten'than 3 ac where this is the fourth accessory structure. The maximum size allowed is 750 sq ft for total of accessory structures where proposed for building is 794 sq ft. The parcel is 19.36 ac. SEQR Type II —no further review requited; public hearing was adveitised and held on Wednesday. November 16, 2016; Upon review of the application materials, information supplied during the public beating, and upon consideration of the criteria specified in Section 179-14-Q80(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PRO TDED BY STAFF 1. There i 1 is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the re uest OR are not possible. 3. The requested variance is 1 is not substantial because 4. There is / is not an adverse impact on the physical or environmental 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 from granting the requested variance would outweigh {approval} 1 would be outvveihed b denial the resulting detriment to the health, safety and welfare of the neighboirbood 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 APPROVE 1 DENY AREA. VARIANCE NO. PZ 246-2016, Lisa Daigle, Introduced by , who moved for its adaption, seconded by Duly adopted this 16th day of November 2016 by the following vote: AYES: INTOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Dotes Area Variance NG.: PZ 241-2016 Project Applicant: Justin Heyes Project Location: 29 Buena Vista Avenue, Ward 3 Parcel History: BP 2015-175 septic Rit.; BP 96-382 porch over existing slab; BF 1$99 yr. X$72 SFT] SEAR Type: Type If Meeting Date: November 1 ,2016 Ilescription of Pro pased Project: Applicant seeks approval to complete installation of :1 high stockade fence in the front }yard (Dotter Road) of the property on tht- corner of Potker Road and Buena Vista Avenue. Relief Required: The applicant requests relief from maximum height restrictions and type of allowable 1~ence. Section 179- -070 Fences The code allows for four foot fenccs in the front yard non stockade. The proposed fence is to be 6 ft stockade and wi11 be located on Potter Road, where the property is located at the corner of Potter Rd and Buena Nista Ave, Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a detenninatinn, the board shall consider; 1. Whoher an undesirable change, will he 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. . Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an arca variance. Feasible alternatives may be considered for a conxpliant fence height. . Whether the requested arca variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 2 ft in excess of the allowed fence height and stockade. 4. 'Whether the proposed variance will have an adverse effect or impact on the physical or envirowitental conditions irk the neighborhood or district. The project may be considered to have minimal impact on the physical or the environmental conditions of the area. S. Whether the alleged difficulty was self-created. The difficulty may be considered self'cheated. staff corrnments: The applicant proposes to complete installation of 6 ft fence for 106 ft +/- section that will be along Pottcr lid. The applicant has l ndicated the meed for the fence includes privacy, security and children safety. The applicant has indicated the fence will be located behind a row of trees. The plans show the Location of the fence on the property with the section on Potter Rd 56 ft, then 25 1t from the house to Potter Rd and then 25 ft to connect to the existing fence, Zoning Board of Appeals —Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 "&7wxr uf'(�i�eeirxl���rs Area Variance Resolution To: Approve,/ Disapprove Applicant Name: Justin Reyes File Number: PZ 241-2016 Location. 29 Buena Vista Avenue Tax Map Number: 301.71- 2 BA Meeting Date: Wednesday,November 16, 201 The Zoning Board of Appeals of the Town of Queensbury has received an application from Justin Reyes. Applicant seeks approval to complete installation of a 6 ft. high stockade fence in the front yard (Potter Road) of the property on the corner of Potter Road and Buena Vista Avenue. The applicant requests relief frorn maximum height restrictions and type of a]lowable fence. Section 179-5-070 Fences The code allows for four foot fences in the front yard non stockade. The proposed fence is to be 6 ft stockade and will be located on Potter Road,where the property is located at the corner of Potter Rd grid Buena Vista Ave. SEAR Typc 11 — no further review required; A.public hearing was advertised and held on Wednesday, November 16, 2016; Upon review of the application materials, informations supplied during the public bearing, and upon consideration of the criteria specified in Section 179-14-OSO(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED B Y STAFF 1. There i�; I is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize.the request OR are not possible, 3. The requested variance is { is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district"? , The alleged difficulty is 1 is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested varlance would out ei h a royal / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds ftt the variance request under consideration is the minirnlim necessary; S, The Board also proposes the following conditions: a) h) c) Adherence to the iters outlined in the follow-up letter sent with this resolution. BASED ON THE AB QVE FINDIN , I MAIC A MDTIDI�1 TO APPROVE E ! DENY AREA VARIANCE NO. P 2.41-201 , Justin Reyes, lntroduccd by ... , who moved for its adoption, seconded by Duly adopted this 16"' day of November 2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ 240-2016 Project Applicant: rack Schultz Project Lacatian: 27 Glenmar Drive,Stonehurst Section 1,Ward 1 Parcel History: 13F 99-077 trawl foundation; Dix 88-101 SFD SEAR Type: 'lope.0 Meeting Date: November 16,2016 Description of Proposed Project: Applicant proposes a 624 sq. ft. shed to be place td on the property where an existing 120 sq. ft. shed exists. Relief Required: The applicant requests relief from maximum allowable square footage for sheds. 179-6-020 Accessi sheds —no more than 500 sg ft in total on paircels less than 3 acres. The code allows for two residential sheds with a total no greater than 500 sq ft. The applicant proposes a new shed of 62.4 sq ft and to maintain au existing sited 120 sq ft. Criteria for considering an Area Variance 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 o 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 pars uc, other than an area vari ante. Feasible alwmatives may be available to have a smaller skied, "Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief requested is 244 in excess of the amount a]lowed at 500 sq 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 as proposed will have minimal impact to the neighborhood. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Staff comments: The applicant proposes to install a 624 sq. ft. shed on the rear portion of the property. The total number of sheds would be two where the total square footage would be more than 500 sq ft. The applicant has indicated the need for the shed is to have better access for storage and woodworking hobby. The applicant has explained the existing basement is difficult to access and has a low height clearance. The information submitted shows the location of the sheds,photo of the existing shed, and the cut sheet of the shed to be purchased. Zoning Board of Appeals —Record of Resolution Town of Queensbury 742 Bay Road Queensbury, 112804 (518) 7611-8238 I-OkYlE [sf tLycolsbury Area Variance Resolution To: Approve 1 Disapprove Applicant Name: Jack Schultz File Number. FZ, 240-2016 Location. 27 Glenmar Drive Tax Map Dumber: 290.6-1-49 ZBA Meeting Dade: Wednesday, November 16, 2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from ,lack Schultz. Applicant proposes a 624 sq. ft. shed to be placed on the property where an existing 120 sq. ft. shed exists. The applicant requests relief from maximum allowable square footage far sheds. 179-5-020 Accessory sheds—no more than 500 sa ft in total on parcels less than 3 acres. The code allows for two residential sheds with a total no greater than 504 sq. ft. The applicant proposes a new shed of 624 sq. ft. and to maintain an existing shed 120 sq. ft. EQR Type 11 —no f4u-ther review required; A public hearing was advertised and held on Wednesday.November 16, 2016; Upon review 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 Queensbury Tmxn Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is 1 is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because Feasible alternatives are and have been considered by the Board, are reasonable and have- been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is 1 is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by {denial. 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; 8. The Board also proposes the following conditions: 4) b) , c) Adherence to the items outlined in the Follow-up letter sent ,pith this resolution. BASER ON THE ABOVE FTNDINGS, I MAKE A MOTION TO APPROVE 1 DENY AREA VARIANCE NO. PZ 240-2016, Jack Schultz,Intiroduced by!, who moved for its adoption, seconded by Duly adopted this 16th clay of November 2016 by the following vote: AYES; NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff dotes Area Variance No.: PZ 247-2016 Project Applicant: Sigh Manger Project Location: 43 Meadowbrook Road,Ward 2 Parcel History: RC 473-2016 res. alteration; BP 2015331 solar panels roof Upgrades; BP 2013-215 res. alterations SEQR Type. Type II Meeting Date: November 16,2016 Description of Proposed Project: Applicant proposes construction of a 144 sq. ft. roof covering over an existing walkway. Relief Required: The applicant requests relief from minimum side setback requirements of the MDR zoning district. Section 1793-040 Establishment of districts The applicant proposes a 144 sq ft roof over an existing walkway. The new roof is to be 20 ft from the north side yard where a 25 ft setback is required. No relief is needed for the front setback, Criteria for considering an Area Variance 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 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 alteraztives may be limited as the applicant proposes to cover an existing walkway to aocess the house without being exposed to the weather, . Whether the req nested area variance is substantial. The relic may be considered minimal relevant to the code. Re hef requested is 5 ft . 4. Whether the proposed variance will have an adverse effect or impact on the physical or eavi ron men(a] conditions in the neigh borbood or district. The project as proposed will knave minimal impact to the neighborhood. 5. Whether the alleged difficulty was self ereated. The difficulty may be considered self created. staff comments• The applicant proposes to cover an existing walkway to access the.existing home. The applicant has explained the new roof wil l make the walkway safer from inclement weatber. The submission includes the survt y and drawings. Qt Zoning Board of Appeals— Record of Resolution Town of Queensbury 742 Bay Road Quomsbury, NY 12804 (318) 761-8238 Finim or(LixoTs# pry. Area Variance resolution To: Approve ! Disapprove ,Applicant Name: Sigh Monger File Number: PZ 247-2016 Location: 43 Meadowbrook Road Tax Map Number: 303.5-1-14 BA Meeting Date: Wednesday, November 16, 2016 The Zoning Board of Appeals of the Tovm of Queensbury bas received as application from Sigh.Monger. Applicant proposes construction of a 144 sq, ft. iuof covering over an existing vwralkway. The applicant requests relief from minimum side setback requirements of the MDR zoning district, Section 179-3-040 Establishment of Districts The applicant proposes a 144 sq ft roof over an existing %valk way. The new roof is to be 20 ft from the north side yard where a 25 ft setback is required. No relief is needed for the front setback. SEAR Type 11 —no further review required; A public hearing was advertised and held on Wednesday, November 1._6, 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 of NYS Town Lain and after discussion and deliberation, we find as follows: PLR THE DRAFT PROVIDED BY STAI i 1; 1. There is ! is not an utidesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is ! is not substantial because 4. 'There is ! is not mn adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The a]leged difficulty is ! is not self-created because . In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigb(approval) 1 would be outweighed b denial 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; . The Board also proposes the following conditions: a) b) x c) Adherence to the items outlilaed in the to11ow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS 1 MAKE A MOTION TO APPROVE 1 DENY AREA VARIANCE NO, PZ 247-2016, Sigh Monge , Introduced by-. who moved for its adoption, seconded by Duly adopted this 16"' day of November 2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Arca "Variance No.: 1PZ 249-2016 Project Applicant: David Bogue Project Location: J 4 Eagan Road, Word 4 Parcel Histor}: EP 2006-563 Demolition SEQR Type: 'Type II Meeting Date: November 16,2016 Description of Proposed 1'rocct: Applicant proposes to relocate a -story 620 sq, ft.; 1,2.40 sq. ft, living space from west property „Rdwards". The project is located 184 ft, from the shoreline where 320 ft. would be required based on two houses 011 adjoiuiug lots. Project includes new septic and new well. Relief Required: The applicant requests relief from shoreline setback requirements, 179-3-040 Establishment of Districts-dimensional requirement The project relocates a two story camp from the west property to the applicant's property. The location does not meet the required shoreline setback of the two adjoin homes where 320 It would be required (west property home is 508 ft and east pi-ope)rty home is 13 l ft) and 184 ft is proposed. 179-4-050 road frontaze Relies'is requested for not having physical access to a public road. Criteria for considering an Area Variance according to Chapter 267 of Town La3v: In making a determination, the board shall consider: 1. Whethcr an undesirable change Evill be produced in the character of the neighborhood or a detriment to nearby properties will be created by tine granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. . Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an arca vafiaD cc. Feasible alternatives may be limited as the applicant proposes to locate the earnp in a sirnilar location as the original camp and to locate the septic and well to not interfere with adjoining neighbors. . Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief requested is 136 f#. The access relief is for 50 It as this is an existing conditions where access is from a right-of way. 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 as proposed will have minimal impact to the neighborhood. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Staff comments: The applicant proposes to relocate a 620 sq ft 2 story camp with a 1,240 sq ft floor area to an adjacent property. The applicant has indicated the project site had an existing camp that has since been removed. The applicant has had the neighbors carnp evaluated and determined it can be moved. The project includes installation of a new well and septic system. The plans show an edge of woods area and it world appear some vegetation will be removed for the installation of the well. The property has access from right of way off of Eagan Rd. The plans show the location of the existing camp and relocation. Zoning Board of Appeals Community Development Department Staff Notes ow Zoning Board of Appeals —record of Resoiution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'rosm of(LLkTrpshury Area Variance resolution To: Approve 1 Disappirove Applicant Name: David Bogue File Number: FZ 249-2016 Location: 145 Eagan, Road Tax Map Number: 315.8-1-4 BA Meeting Date: Wednesday, Novernber 16, 201 The Zoning Board of Appeals of the 'Town of Queensbury has received an application from David Bogue. Applicant proposes to relocate a -story 620 sq. ft.; 1,240 sq. ft. living space from west property "Edwards". The project is located 184 ft. from the shoreline where 320 ft. would be required based on two houses on adjoining lots. Project includes new septic and new we)l. The applicant requests relief from shoreline setback requirements. 179-3-040 Establishment of Districts —dimensional requirement The project relocates a two story camp from the west property to the applicant's property. The location does not meet the required shoreline setback of the two adjoin homes where 320 ft would be required(west property home is 508 ft and east property home is 131 ft) and 181 ft is proposed. 179-4-050 road fronto&e Relief is requested fm not having physical access to a public road. SEAR Type II —no further review required; ,A public hearing was advertised and held on Wednesday,November 16,.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 of NYS Town Law and after discussion and deliberation, we find as follows: PER TIDE DRAFT PROVIDED BY STAFF 1. There is 1 is trot an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasibie alternatives are and have been considered by the Board, are reasonable and have been included to minirnizc the request OR a�P, not possible. 3. The requested variance is / is not substantial because 4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is /is not self-cremted because 6. In addition the Beard finds that the benefit to the applicant from granting the requested variance would outweigb (approval) 1 would be outweighed b denial 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; 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 APPROVE 1 DENY AREA VARiANCE NO. PZ 249-2016, David Bogue. Introduced by who moved for its adoption, seconded b Duty adopted this 16"' day of November 2016 by the following vote: AYES: NOES: