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Staff Notes ZBA Mtg Wed June 21 2017 Staff Notes ZBA Meeting Wednesday, June 21, 2017 &�k Queensbury 'Zoning Board of Appeals Agenda Meeting: Wednesday, June 2 1, 2017 Time. 7,OD- 11.00 pm Queensbury Actlyflies Center— 742 Bay Road, Agenda subject to change and may be found at: www,queerlsbury.net ApRroval ofnigeting MiTILAVS,-. May 17 and May 24,2!01,7 Administrative Iterns. To fiurther'rablo 7�A'V-29-2017 Robert Fulmer to the 3 uly 2017„ agenda with submission(lead I ine date of June .15,2017 for submission of addition materials. NEW 13USINESS: Applicant(s) Jam Faraurke Area Variance No -A 38-2011.7 Owners) William Rourke SEQRA Type, 11 ,Agent(s) ri1a Lot Bile 0,29 acres Location 21 Jay Road Zoning WR Ward No. Ward I Tax 14 No 289.10-1-13, lection 179-13-11119; 179-3-040 Ca 'Wi tef 1'I-sP-40-2017,R.0 143-2017;811 93-702 Septic Alt- Warren,!gou rtPlarnning n/a Public Hearing I JIA ne 21,.2017 Ad iron d a!Lk ParkAgen C, ft"a Project Description Applicant proposes construction of a 1,935 sq,ft,residential addition to an existing 494 sq. ft.carrip. The 300 sq.fi., detached garage and 60 sq-fl,porch will be removed with footprint to,retnain. Relief requested frorn minimum permeability.,side yard,and shoreline setbar*requirements and,for expansion of a nonconforming structure in a CEA. Planning Board: Sket'lan Review required for expansioninaCEA. Matt& Kris! Brennan Airea Vartauce No 2-AV-39-2017 Owners l Matt& Krisjj Brennan S,PQIRA T re 11 .4 ens 111a Lot Size 0.95 acres ............. Location 543'Kioon Wiff Road Zoning RR-3A. Ward No, Ward I Tax Id No 278-19-1-4 Section 179-5-020 Cross Ref Area Variance PZ-O 162-2016 pool in front yard,,BOTH Warren County Planning June 2017 310-2016 Pool PubliS ei!JR& June 21.,2017 n/a _!L Ad iron dac k'l!!!!Kk.ASMX Project Description Applicant PTOPosesconstructiou of a 15 ft,by 12 E(190 sq. ft.)freestanding deck for an above-ground swirnming pool wh i ch received previous Area Variance appro Val for the location I placenlent 0 the pool'in the front yard. Relief rcq LICS(Cd from minimum setback req uIreinents for the R R-�A zon i og district- Applicant(s) Nfichael Altare Area Variance No Z-AV-40-2017 Owner(s) Michael Altare SKRA lype 11 Aaqq) n1a, Lot Size 4.04 acres Location 92 F'Aigan load Zoning WR Ward No. Ward,4 ..... Tax,Id No 1 309.17'-1-2 Section 1794-050 Cross Ref I SU Warren Couun,ty Planning._ n/a Pu b lie Hearin June:21,2017 Adirnnilack” A--n- prqj gd,.DSjcrI jtio n Applicant proposes to subdivide 4.04,acre pamel into two'lots—Lot I to be,2,02 acracresto maintain existing buildings&Lot L_ 2 to be 2.02 acres to,reinain vacant for future home, Relief requcswd from road:frontage requirements for the newly created lot in the WR,zoning, district, Planning Board'. Subdivision Review required, Page I of 2 Queensbury Zoning Board, of Appeals Agenda Meetjnq� dnesday, June 21, 2017 Time: 7.00- 111:00 pm Queensbury Activifies,Center— 742 Bay Road Agenda subject to change and may be found at: www.queensbury.nei O'RV&Auto Entcrprise.;K,LLC Aren Variance No, Z-AV-41-2017 Owner(s) J&T Tsai, Inc. ST Rik.Typell Bohl cr Engineering Lot Size 0.76 acres Location 682 Glcn Street Zoning Cl Ward No. Ward 2 Dix Id No 302,7-1-28 Section 179-3-040 Cross Ref T- 1a-44-2017Wa r r e n County Planning 2 0 17 Rubl ic Hearin Wtj—Ulle:21,2017 irk Agency n1a Applicant proposes construction oifa new 53 sq. 11.building to be used for an auto parts retail business. P'roject includes tear down of an existi ng bui[ding(former site of Fit Food Fast and Friendly's Restaurant)and site work to create two pa*ing areas—one access from Itt, 9 and one i"ms from Glendale Ave.(this is a corner 10t). Reuel"'isrequested for setbacks rind fcKrpairkin,g. Planning Board: Site Plan Reviewre aired for new cornmercial use., A d m i nistrative, Zoning Board may review request:for consent by the P tonn ing Board rot Lem]Agency Status. A fiSmnnAt,sI Aviation HpE,. italky,LLC Area Variance No Z-AV-42-2017 —O—W111!- 11 1 PCGF N ewCo,LLC SE "RA Type Type 11 Bohlcr Engineering Lot Size 4.57 aeres(utillIzi 2,5 acres Location 524 Aviation Road Zoning ESC Ward No. Ward 2 Tax Id No 302.5-1-96.1 Sectinrw 179-3-040; 179-4-0$0 CMs -SF45-2017 nrren County Planning junc 2017' Public Hearing I At a Later Date Adfro nduck Park Age Icy... nla Pr O90 Uguriplign .Applicant proposes construw1onof t�n e-w, —62,620 —sq..11.,4-story,92 room hotel (former&ftc of Howard Johnsons), Project includes lot line adjustment:connector road iv kh adjoining lot to Aviation Mall ring road and access realignment with Arritnosia liner. Relief requesiod from*om set:lmck on 1-87 and road frontage, Planning Board: Site Plan Review required. SEQRk Zoning Board to consider Planning Board ruest for Lead Aga-e5ney. Applicant(s), Aviation Hospital.ity,LLC Sign Variance No Z-SV-6-2017 Owner(s) PCOF NewCo,I.LC _§X9"Type unlisted e . Agent(s) Bobler 13jigineering Lot&ize 4.577 acres, 1.74,acres Location 524 aviation Road Zoning ESC Weird No.. Ward2 ........... Tax Id l~lo 30T,.5.-1®96.1 342„5-t-93.1 Section Chapter 140-5-, 140-45 Cross Ref­­­ 'V§F-45-2017 1 Warren County Planning I June 2(117 Public Heorina I At a Later Date I Adirondack Park Agen cy I n/a Proi ect Descri tion Applicant proposes 3,wall signs for a new hotel;llo=2 Su 1 tes by I-fl lion. A.1 so proposed is,as fireestamfingsign to be on,a separate lot”1°lottte2 Suites by Hilton". Relief requested lbr MinikIr of wall signs. Relief also for freestanding sign on separate property and setback, SE R 4: Zuinun O. ard to consider Planning Board request for Lead Agency, Any further business that the('bairinan determines may tv properly brought before the Zoning Board of Appeals. Revised Version AsLnda- 6-06.2017 LMAsh Added languaw in aft'uription fix 0'1ti-,Illy Z-A,V-41-2017"puking" Final Version Agenda, 5,30.2017 CWLMish Page 2 of 2 Town ofQueeanal ury Zoning Board of ,Appeals Communitlopmeni Department Staff Notes Area 'Vari;tnce No.: 3&2017 Projett Applicant. William Rourke Project Location: 21 Jay Road /Ward 1. Parcel History: P-SP-40-201,7; RC 143-2017; 81"93-702 Septic Alt. SEQR Type: Type 11 Meeting Date: J tine 21,2017' Description of Propo Applicant proposes construction of a 1,935 sq. ft. residential addition to an existing 494 sq. ft. canip. The 300 sq. ft, detached garage and 60 sq. ft. porch will be removed with footprint to,remain. Relief requested from minitnum permeability, side yard, antd shoreline setback requirements and for expansion of a nonconforming structure in a CEA. Planning Board: Site Plan Review required f expansion, in a CEA. Relief RequL Ired The applicant requests relief from permeability, side yard, and shoreline setback requirements and for expansion of a nonconforming structure in CEA in the Waterfront Zone Section 179-3-040 establishment of districts-dimensionat requirements WRr zone "Ile proposed building is to be located L6 ft from the south propeity line where a 12 ft setback is required. In addition relief is requested for permeability where 71% is proposed and required is 7 5%. Criteria for considering an,Area Variance according tow,Chaeter 267 Of To 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 grainfing 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 inay be limited due to orientation of the existing building onthe parcel and parcel shape., 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code, The relief requested is 10.4 11 for the south property line and 4% in excess f6r the permeability. 4. Whether the proposed variance: will have an adverse effect or impact on the physical or environmental conditions in, the neighborhood or district. The prcj�ect may be considered to have minimal finpact on the physical, or the environmental conditions of the area. 51. Whether the alleged difficulty was self-created., The difficulty may be consided self-created. Staff comments: The applicant proposes to remove an existing detached garage (300 sq ft) and porch area (60 sq ft) of an existing 494 sq ft camp. The project includes the construction of 1,935 sq ft single story addition with a crawl space for mechanicals. The addition will have an attached garage and the previous detach garage location will be a bedroom, The applicant has indicated permeable pavers to be:installed to inemase permeability on the site. Also, eave trenches will. be installed for the,new addition to assist with stormwater management of the site. The existing hedges and plantings at, the shoreline are to remain. Zoning Board of Appeals Community Development, Departmeni Staff Notes Zoning Board of Appeals —Record of Resolution Town (A'Queensbury 742 Bay Road, Queensbcwy, NY 12804 (518) 761-8238 "IbLyn Area, Variance Resolution Tot Approve/ Disapprove Applicant Name: William Rourke File Number: Z-AV-38- 017 Location-. 21 Jay Road Tax Map Number- 289.10-1-13 ZBA.Mlecting Date; Wednesday, June 1, 2017 The Zoning Board of Appeals of the Town of Qaeensbury has received an application from William Rourke AppLica nt proposes construction.of a 1,935 sq. iit. residential addition to an existing 4941 sq d . camp,, The 300 s,q, ft. detached garage and 60 sq. ft., porch will be rernoved with, footprint to remain. Relief requested fi-om minimum permeability, side yard, and shoreline setback requirements and for expansion of a,nonconforming structure in a CEA. Planning Board; Site Plan Review required for expansion in a CEA. The applicant requests relief from permeability, side yard, and shomfine setback requirernents, and for expansion of a nonconforming structure in a CEA in the Waterfront Zone Section 179-3-040 establishment of districts-dimensional Mui,remeats W'R zone "The proposed building is,to be located 1.6 ft from the south property line where a, 12 ft setback is required. In addition relief is requested for permeability where 71.% is proposed and required is 750/0. SEQR Type 11—no further review mquired; A public hearing was advertised and, held on Wednesday, June 21, 2017; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-0800.) of the Queensbury Town Code and Cha,pter,267 of NY' Town Law and after discussion anddeliberation,we find as fol lows llfl-'R 'THE DRAT"T PlOVIDED BY STAJryF 1. There is / 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 ininimiz�the L at OR arejj 3. The requested variance is /is,not substantial bellcl�ause 4, There is / is n'ut an, adverse: impact on the physical or environmental conditions in tile neighborhood or district? ... ................... Page 1 of 2 5. Is the alleged difficulty is is riol sell'' reat because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outwei Th. (approval) / would be_quutWa It cl, by (denial the resulting detriment to the health, safety and welfiire 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) 0 Adherence to the items outlined in the follow-up letter sent,with this resolution. BASED ON THE ABOVE FINDIN,.GS. I MAKE A MOTION TO,APPROVE/ DENY ARE A VARIANCE Z-AV-38- 01.7, William Ro . Introduced by_, who oved .for its adoption, second edby _�� Dul y adopted, this 2 Vt day of June 2017 by the following vote- AYES: NOES: Page 2 of 2 Town of Queensbury Zoning Boord of Appeals Community Development Department Staff Notes Area Variance No.: 39-2017 Project Applicant. Matt & Krist.y Brennan Project Location: 593 Moon Hill Road /Ward 3 Parcel History. Area Variance PZ-0162-2016 pool in front yard, BOTH 310-2016 Pool SEAR Type; Type 11 Meeting Date. June 21, 2017 Desc�� of Prc pos'"I Applicant proposes construction of a 15 Eby 12 ft. (180 sq. ft.) freestanding deck for an above-ground swimming,pool which received previous Area Variance approval for the location/placement of the pool in the front yard. Relief requestedfroe'n minimurnsetback requirements forthe RR-3A zoning district. Relief Required: The applicant requests relief from minimum setback requirements for the RR-3A zoning district. Section 179-5-020 accessory structures —Rural Residential Illree Acre RR3A The applicant proposes construction of'a 15 ft, by 12 ft. (1 80 sq. ft.) freestanding deck for an above-ground swimming pool. Deck to be located 60 ft from ftont yard on Route 149 and 5 5 ft from east property line (note east property 'line may be a non-issue when lots are combined) where a 100 ft setback is required. ............... Criteria for,considering an.Area,Va riance according to,CfMter 267 of T 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. 'The deck will provide additional screening�ftom Route 149. 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 parcel configuration having two fronts, 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief` requested is 40 ft from the front property, line and 45 ft, from the east property fille. 4. Whether tile 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 mininlal impact on the physical or the environmental conditions of the area. The plans show the location of the deck to be with the existing pool. 5. Whether the alleged difficulty was self-creawd, The difficulty may be considered not self-created. staff comments:I The applicant previously installed a 24 ft diameter above ground pool to the North side of their home—variance was,granted,to have a pool in the (tont yard. The applicant proposes a 1.80 sq 11 deck to the existing pool with screening on the north side. The plans show the location of the pool with a deck and the parcel having two ftontages. The applicant has also shown the location of the septic system, well and the existing tree line on the property. The applicant completed the additional. plantings as requested with the pool variance. 0 Zoning kir ninn Board ofAppeals —Record of Resolution ") " m . Town of"Queensbury 74213ay Road Queensbury,NY 12804 (518) 761-8238 l'blvar arF( reensbury Area Variance Resolution To approve/ Disapprove Applicant Name- Matt &Kristy Breanan File Number - V- -x,017 Location- 593 Moon Hill.Road Tax Map, Number: X78.19-1-4 ZBA Meeting,Raw Wednesday, June 21, 201117 The Zoning Board of appeals of the To ru of Queensbury has received an application.from Matt & 1 risty Brennan. Applicant proposes construction of a 1 . by 12 ft. (180 sq. ft.) freestanding deck for an above- ground swiniming pool which received previous Area,Variance approval for the location / placement of the pool in the front yard. Relief requested from minimum setback.requirements for the RR-3A zoning district. The applicant requests relief from minimum setback requirements for the RR-3A zoning district. Section 179-5-020 accessory structures Rural residential Three dere The applicant proposes construction, of a 15 fir. by 12 ft;. (180 sq. ft.) frees and ing deck for an above-ground swimming pool. Deck to be located 60 It from fTont yard on.Route 149 and 55 ft from east property line (mote east properly lime may be a non-issue when lots are combined) where a 100 ft setback is required. QR,Type Il no further review required; public hearing was advertised and held on Wednesday„ June 21, 2017; Upon review of the application nratedr als, information supplied during the public hearing, and upon consideration of the criteria: specified in Section '179-14-f98 ) of the Queensbury Town Code and Chapter 267 ol'NYS Town Law and after discussion and deliberation, we find as follows: PIE,b '1'111; DRAI. -'T PROVIDED" lDED BY STAFF 1. There :is l is not an undesirable change in, the character of the rnei hborhood nor a detriment to nearby properties because . Feasible alternatives are and have been ConSidered by the board, are reasonable and have been included to roinirrn.i e the request 1 arc no ossible. . The requested variance is / is rnot. substantial because l 4, There is is, moll an adverse impact on the physical or environmental conditions in the neighborhood or -...,� , district" . is the alleged difficulty is/ is not self-created because Pae 1 of 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh. (approval) / would be outwyu,i lue , b depi ijr, the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. 17he Board also finds that the variance request under consideration isthe rninimum necessary'; 8. The and also proposes the following conditions: ,a) b) .......... c) Adherence to, the items outlined in die follow-up letter sent with, this resolution. BASED ONTHE ABOVE I DENY AREA VARIANCE Z- AV-39-2017, Introduced by_, who unloved far its dopa on, seconde:d by Duly adopted this 2 Is' day of June 2017 by the following vote: AYES: NOES: Page 2 of 2 ,A rum t'�-�� Warren County 1?"1�ua"rninDepartment Project Review and Referral Form Reviewed by Department on June 12, 2017 ProjectName: Brennan, Matt& Kristy Owner: Brennan, Blatt& Kri ty ID Number- QBY-17-AV-39 ounty Project4, Jun-17-06 Current Zoning: R133A Community- Queensbury Project Description- Applicant proposes to construct a 180 sq, It. free standing dock to;surround their existing pool. Decks is to be 4 It. In height with a 6 ft. fencing to act as screening to Rt 149, Fencing is privacy fencing, Site Location- 593 Won Hill Rol, 2nd front lawn Tax Map Number(s)- 278,14-1-4 Staff Nates, The issues horse appo rto be of a local nature Involving local issues without:any significant impectson County properties or resources. staff recommends no county impact based ontbe 1ntbrmation scuhmitt d according to thne suggested review criteria of NYSGeneral Municipal Leer Section 239 applied to the proposed project. Local actions to date(int any)- County Planning,Department, N l Local Action:Mnat Disposition- 6/1312017 Warren County Plainiring Department Date Signed Local Official Date Signed PLEASE R TURN'llfIS NORM TO THE WARRFN COUNTY Pl;.,A'NN[N DRI'AFITNI:GNT WIT[3IIO[DAB'S gar r]NAL ACTION Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 40-2017 Praject ,kpplicant: Michael Altare Project Location: 92 Eagan Road /Ward 4 Pal-eel History- SUB(P) 11-2017; SUB(F) 11-2017; BP 92-415 8FD SEQ11'rype: Typelel Meeting Date. J u ne 21, 2017 [Description of Proposed !:±ct:I Applicant proposes to subdivide a,4.04 acre parcel into two lots — Lot I to be 2.02 acres to maintain existing buildings &Lot 2 to be 2.02 acres toremain vacant for future home. Relief requested from road frontage requirements for the newly created lot in the WR zoning district, Planning Board: Subdivision Review required. Relief Req- The applicant requests relief°from minimum,read frontage requirements for the development of new lots, in the Waterfront Residential zoning district. 179-4-050 Frontage on public or private street The applicant proposes, a 2 lot subdivision where the street is a private drive that, is accessable from the Eagan Rd criteria for considering an ma 'Variance Lip-cording 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. The project may be considered to have minor impact oil the neighboring properties as there are home aleady existing on the private drive and past the lot to be created. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for tile applicant to pursue, other than an area variance. Feasible alternatives may be limited. due to the lot configuration and location. The Town ownership of Eagan Road ends prior to the applicants property. 3. Whether the mquested area variance is substantial. The relief requested maybe considered, substantial relevant to the code. The: project utilizes eXiStinlg private drive for access where relief is for not having direct access to the Town road, 4. Whether the proposed variance will have an adverse of or impact on the physical or environniental. conditions in the neighborhood or district., The project may be, considered to have minimal impact on the physical or the envirojim.ental conditions of the area, 5. Whether the alleged difficulty was self-created. The difficulty inay be considered self-created, staff cornrtrarentsw Applicant proposes to subdivide the 4,04 acre parcel into two lots where one lot will be maintained with the existing bonne and the newly created, lot will be used at a later time for as future horne. The applicant has indicated the new parcel will be able to accomrnodate a well, septic and a hoine. The access, will be from the existing driveway to the existing private drive. The applicant has indicated the existing,tree line will remain as the site has an existing clearing that will accommodate a new home area. Zoning Board of Appeals Community Development Department Staff Notes Zoning,Haard of Appeals — Record of Resolution "Town of Queensbury 742 Bay Road Queensbury, 1.2804 518) 761-8238 Tcnvo ¢r� C ain rrxd�ar�r Area Variance Resolution To: Approve Disapprove Applicant Name: Michael Altarc File Nuunbes- -AV_40-2017 Location: 92 Eagan load "'Tax Map Number. 30,9.17-1- ; BA Meeting Date. Wednesday, Brune 2.1, 2017 The Zoning bard of Appeals of the Town of Queensbury has received an application from Micha cl Altarwe.. ,applicant proposes to subdivide a 4.04 acre parcel into two lots — Lot '1 to be 2.02 acres to maintain existing buildings & Lot to be 2.02 acres to remain.vacant forfuture home. Relief requested from road frontage requirements for the newly created lot in the WR zoning district, Planning Board: Subdivision Review required, The applicant requests relief fiorru.:minim-urn road frontage requirements,for,the developinent of new lots in the Waterfront Residential zoning district. 17'9-4-0,50 Frontage on public. or private street , The applicant proposes a 2 lot subdivision, where the street is a private drive that is accessible from the Eagan, Rd, EQR 'Type Tl —no further review required„ ,public hearing was advertised and held on Wednesday, June 21, 2017 Upon, review o1'.` the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-08 ) of the Queensbury Torn Code, and hapterm 267 of'NYS Town Lava and after discussion and deliberation, we find as follows: PER 1"'111: :IC tR, ,FT PRO V ID1:D BY STAFF L There is / 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 t. c Board, are reasonable and have been included to minimize the request OR are Rot ossablew 3. The requested variance is/is not substantia 1. because 4. There is / is not an. adverse impact on the physical or environmental conditions in the neighborhood or ,district Page 1 of 2 5. Is the alleged difficulty is,/„z not self-created because 6, In addition the 'Board finds that the benefit to the applicant from granting the requested variance would outweigh (Eproval), / would be outweigh 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: a) b) mm c.) Adherence to the horns outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FfNDING,S, I MAKE A.MOTION TO APPROVE/ DENY AREA VARIANCE ,-A -40- .017, Michael ltare, Introduced by _, who moved for its adoption, seconded by Doul adopted this 2 1”day of June 2017 by the fol lowi in, vote,;. AYES: NOES: P 2 W Town of Queensbury Zoning Board of Appecsis Community Development Department Staff' Notes Amt Variance No.: 41-2017 Project Applicant: O'Reilly Auto Enterprise,LLC Project Location: 682 Glen Street I Ward 2 Parcel History: P'-SP'-44- 017 SE QR Type: Type 11 Meeting Date: Jane 21,2017 Description of`Prep Eose Project. Applicant proposes construction of a new 7,453 sq. ft. building to be used for an auto parts retail business. Project includes tear down of an existing building (foriner site of Fit Food, Fast and Friendly's Restaurant) and site work to create two parking areas— one access from Rt. 9 and, one access frorn Glendale Ave. ,(this is a corner lot). Relief is requested for setbacks and parking. Planning Board., Site Plan.Review required for new cornineicial use. lRelief'Required- The applicant requests relief for setbacks and parking. Section 179-3-040 establishment of districts-dimensional muirements Commercial Intensive zone The proposed building is to be located 21.1 f( from Glendale Dr, and 72.6 ft from Glen, St. (Route 9) where a 75 ft setback is required. Relief also requested for the parking requirements where 38 is required and 25 spaces are proposed. Criteria for considering an Area Variance according to ha ter 267 of 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 areavariance. Feasible altematives may be considered to reduce the size of'the b ailding; though a, variance may still be required as the parcel is, a cotter lot and front setback requirements are 75 ft., I Whether the requested area variance is substantial. The relief requested may be considered moderate relevant,to the code. Relief is requested for 2A ft from Glen Street and 53.9 ft from Glendale Dr. All relief is for 13 parking spaces, 4, Whether tile proposed variance will have an adverse effect or impact on Me physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood ulay be anticipated. The submission materials indicate the location of the wetland off,,the property and the wetland 'buffer on the property that the applicant leas indicated no disturbance is to occur in that area. 5. Whether the alleged difficulty was self-created- The difficulty may be considered self-created staff cowme!!d The project includes demolition of a 2,500 sq ft restaurant building to construct a 7,453 sq. ft. .auto parts retail business. Site work creates two parking at as — one access from Rt. 9 and, one access from Glendale Ave. (this is a corner lot). The applicant has provided elevations and floor plan showing the typical arrangement for this auto parts facility. Zoning Board of Appeals CommunHy Development Department Staff Noies Zoning Board of Appeals —Record of Resolution, Town of Queensbut-f 742 Bay Road Queensbury, NY 12904 (518) 761-8238 Tbwn OrQyvensburY Area Variance Resolution 'To: Approve/ Disapprove hu Applicant lama 'Reilly Auto Enterprise, LLC 1,:r File Number- Z-AV-41-2017 1"oeation. 682 Glen Street Tax. Map Number: 302.7-1-28 ZBA Meeting Date: Wednesday, June 21, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application from. O'Reilly Auto Enterprises,LLC. Applicant proposes construction of a near 7,4 sq. ft. building to he used for an auto pails retail business. Project includes tear down of an existing building (former site of Fit Food Fast and Friendly's Restaurant) and site work to create two parking amas — one access from, RI, 9 and one access from Glendale Ave, (this is a comer lot), Relief is requested for setbacks and parking. Planning Board, Site Plan Re-view required for new commercial use. The applicant requests relief for setbacks and parking., Section. 179-3-040 establishment ofdistrict,s-dimensional,raii.irq-mqts Commercial. Intensive zone The proposed building is to be located 2 1.1, It ftom.Glendale Dr, and.72.,6 ft from Glen St. (Route 9) where a 75 ft setback is required. Relief also requested for the parking requirements where 38 is required and 25 spaces are proposed SEAR Type li—no further review required-, A public hearing,was advertised and held on Wednesday', June 21, 2017; -Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specit"Ied. in Section 179-14-080(A) of the Queensbury Town Code and Chapter 2,67 of NYS Town Law and after discussion and deliberation, we find as follows: PERTHE DRAFI I P1tOVID111,I) BY S]"AF17 1. There is I is not an undesirable change in the character of the neighborhood not a detriment to nearby properties because I Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize. he r i st ORire not possible. 3, The requested variance is /is riot substantial because Page 1 of 2 4. 'I"here is / is not, an adverse impact on the physical. or eilvironi-nental conditions in the neighborhood or dis(riet? 5. Is the alleged difficulty Lq / is e ..not self-cr ated because 6. in addition the Board finds that the benefit to the applicant kyrn ran inthe requested, variance would, ..............--- ojt)yeigh,_CRp roval.) / would be outweighed hy_C4r&Lt) 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 miriftnum 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 /DENY AREA VARIANCE Z-AV-41-2,017., O'Reilly Auto Erste rprises LLQ, Introduced by _', who moved for its adoption, seconded by--: Duly adopted this 21'� day of June 2017 by' thefollowing vote: AYE& FOES; Page 2 of 2 AnM-07 Warren County, Planning Department Project Review and Ref&ral Form Reviewed by Department on June 12, 20,17 Projtct Naine: O'Reilly Auto Enterprises, LLC Owner: J & T Tsai, Inc ID Number: Q8Y-17-AV-41 County Project#- Jun 17-07 Current Zoning: cl Community: Queensbury Project Description: Applicant proposes to build a new 7,453 sq. ft. auto parts retaii business . Project inoludes tearing down existing restaurant and creating new parking areas lighting, signage and landscaping, Site Location: 682 Glen St Tax Map Number(s): 302.7-1-2,8 Staff Notes: The Issues here a ppearto be of a local riature involving local issues without a ny significant impactson County properties or resources. Staff recommends no county i rn pact based onthe information submitted accordl ng to the suggested review criteria of NYSGeneral Municipal Law Section 239 applied to the proposed project. Local actions to date(if any): County Planning Department: NCI Local Action./Final Disposition. 6/13/2017 Warren County,Planning Department Date Signed Local Official Date Signed ME ASE RETURN THIS rORM T'O THE WARREN COUNTY PLANNING MPARTMEN7%1rITION10 PAYS OF FINAL ACTION Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.,- 42-2017 Sign Variance No: 6-201.7 Project Applicant: Aviation Hospitality, LLC Project I,ocatlow 524 Aviation, Road /Ward 2 Parcel History- SP 45-2017, SUP 10-2017, SP 47-201.7, SP 48-2017 SEQ R Tlype: Unlisted —Coordinate with Planning Board Meeting,DateJune 21,,2017 LfionofProUo edProj Note: The Planning Board is seeking Lead Agency Status, for this project and The Zoning Board of Appeals, may consider/consent to this request at this time. Hol ef-Appli cant proposes construction of a new 62,620 sq. ft. (floor area), 4 story, 92 room, hotel with associated parking. Project includes a connector road on adjoining property to Aviation Mall ring road. Included in, the project will be a lot line adjustment between 302.5-1-96 1 and 302.5-1-93.1 Withr the former reduced to 2.0 acres and the later to be increased to 4.31 acrts., Prcj cot includes work with Ambro sia Diner J.'br access as lot does not have road frontage on Route, 254. Applicant proposes 3 wall signs for a new hotel,; Home2 Suites by Hilton. Also,proposed is a fireestanding sign to be on a separate lot "1•lotne2 Suites by Hilton"'. Relief requested for number of wall signs. Relief also for freestanding sign on separate property and setback. Ambrosia Diner -Applicant proposes to modify the entryway area along Aviation load and internal access to Ambrosia Diner. Project includes new alignment of driveway, new access -for Diner and site work, Par'suantr to Chapter 179-9-120 of the Zoning Ordinance, amendments to previously approved, site plan shall be subject to Planning Board review and approval. Aviation Mall -Applicant proposes construction of a connector road, that intersects Aviation Road and, the mall. The project involves disturbance of 1.6 +/- acres and, a new roadway of approximately 17,500 +/- sq. ft. The road will include access for Ambrosia Diner and the proposed hotel and connect to the Aviation Mall ring road. Pursuant to Chapter 179-9-020 of the Zoning Ordinance, new connector road shall, be subject to Planning Board review and approval. Variance: Relief is sought for setbacks, road frontage anti signage. SEARA; Planning Board request for Lead Agency. Application tentative review process: 6/20/17 Planning Board Seek Lead Agency Status 6/21/17 Zoning Board of Appeals considers consent to Planning Board request for Lead Agency 7/25/17 Meeting— Planning Board may aocept lead agency, Planning,Board may conduct SEER and, may make referral to Zoning Board of Appeals 7/2.6117 Zoning Board may review variance requests for signs and area 8/15/17 Planning Board may review for site plan, Zoning Board of Appeals—Record of Resolution Town of Queensbury 7421 ay Road Queensbury,NY 12804 X518) 761-8238 Town d(L41CcJP,4mJy Area Variance Resolution To; Consent to the Planning Board's request to be Lead Agent for SEQR,purposes for the following-. Applicant Name: Aviation Hospitality, LLC File,Number. Z-AV-42-2017 and,Z-SV-6-2017 Location: 524 Aviation Road Tax Map Number: 302.5-1-96.1 ZBA Meeting Date- Wednesday, June 21, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application fiom Aviation Hospitality, LLC, The project applicant proposes,the IN[owing: Hotel-Applicant proposes construction of a.new 62,620 sq. ft. (floor area), 4 story, 92-room hotel with associated parking. Project includes,a connector road on adjoining property to Aviation l+ all. ring road. Included in the project will be a lot line adj ustment between 302.5-1-96.1 and, 302.5-1- ,I with the fbi rner reduced to .0 acres and the later to be increased to 4.31 acres. Project includes work with Arnbrosi a Diner for access as, lot does not have road, frontage on Route 254. Applicant.proposes, 3 wall signs for arrow hotel; Horne2 Suites by Hilton, Also proposed, is a freestanding sign to be on a separate lot"14orne2 Suites by Hilton". Relief requested fior number of wall signs., Relief also for fteestanding sign on separate property and setback., Ambrosia Diner -Applicant proposes to modify the entryway area along Aviation, Road and internal access to Ambrosia, Diner. Project includes new alignment of driveway, new access for Diner and site work, Pursuant to Chapter 179-9-120 of the Zoning Ordinance, amendment's to previously approved site plan shall, be subject to Planning Board review and appi oval. A viation .Mall -Applicant proposes construction of a connector road that interseots Aviation Road and the mall. The project involves disturbance of 1,6 +/- acres, and a new roadway of approximately 17,500 +/- sq. ft. The road, will include access for Ambrosia liner and the proposed hotel and connect to the Aviation Mall, ring road. Pursuant to Chapter 179-9-020 of the Zoning Ordinance, now connector road shall, be subject to Planning Board review and approval. Variance.- Relief is sought for setbacks, road frontage:and sigTIajge. SEQRA: Planning Board request For Lead Agency. A public hearing has not been scheduled at this time. Page 1 of 2 BASED ON THE ABOVE FINDINGS, I MAKE A M..OTION TO CONSENT TO THE PLANNING BOARUS REQUEST TO BE LEAD AGENT, FOR PROJECTAPPLICANT AVIATION HOSPrIALITY AREA VARIANCE -A-4 -21 and SION VARIANCE Z-SV-6-2017 'Introduced, by_,who moved fo�r It s adoption, seconded by Duty adopted this 2 1" day of June 2017 by the following vote: AY NOESw Page 2 of 2 Warren County Planning Departme'.ik ,Jaron17- 8 Project Review and Referral 'Forin Reviewed b ep rtment on,June 12, 201" Project Name: Aviation Hospitality, LL Owner: PCGF New o, 1�11- ID Nuurnber. QBY-19-A -4 County Prgject . Jun-17-08 Current Zoning: BSC Community. Queensbury Project Description. Applicant proposes s subdlivision,and construction of a 15,655 (footprint) 92 room, 4 story hotel 02,620 sq, tt". floor area, with Sita arnanitios, utilities and parking facilities.The hotel will acGess Rt 254 by way of alignment drive w l Ambrosia Dinar at Aviation, old, and the Aviation Miall Rd. Project includes The location is the former site of the HowardJohnson Motel. Site Location: 524 Aviat[on Rd near the 1\1orthrbound exit ramp for 1-87' Tax Map Nnuuub,er(s). 30 .5�-1-96'.1,93„1, StatT Notes: i The is u!os here appearto fbe of a local nature involving local issues without any significant impactson County properties or resources, Staff recommends no county impact based o,nthe information submitted)according to the suggested review criteria of NYSGaner'a,l )Municipal Lain"Section 239 applied to the proposed project. I Local actions to cyte('if any). County Planning Department, N01 Local ,ction./Finsl Disposition: �7611 W2017 Warren County Planning Department Date Signed Local Official Date Signed. PLEASE RETURN THIS:FL RNI TO THE WARREN COUI NTY PLANNINGDEPARTMENT WITHIN 10 DAYS Or FINAL ACTION Jun f'7-4 Warren County Planning Department Project Review and ReRwral Form Reviewed byDepartment.on June 12, 2017 Project Name: Aviation Hospitality, LLC Owner: PCG NewCo,, LLC ID Number, QBY-19-SV-6 county Project#: Jun17-09 Current Zoning. ESC community. Queensbur.y Project Description- Applicant proposes a lot.tine adjustment and construction of a'9 room, 4 story hotel,with site amenities, utilities and, parking far.1litl as.The hotel will access (91254 and the Aviation Mall Rd, The location 1 s the former site of the Howard Johnson Motel. sign variance Is for 3 wa[[,sign and free standing sign on separate property., Relief number of, wall signs, and setback for freestanding sign. Site Location: 524 Aviation Rd near the Northbound exit ramp for 1-87 Tax Map Number(s): 302,05-1-9,6.1 Staff Notes: The issues here appeatto be of a loral nature involvibg local Issues vAthout any significant'impactson County properues ior resources. Staff recommends no county impact based onthe information submitted a=rding to the suggested review criteria of NYSGenera I Municipal Law Section 239 applied to the,proposed project, Local actions to date(if any): County Planning Department: NCI 'Loc-al Attion./11inal DJspasition: SJ1 V2017 gel, Warren County Planning Department Date Signed Local Official, Date Signed PLEASE RETURN THIS FORM TO,TTIE WA R REN COUNTY PLANNING DEPAR,TM�ENT VVITHIN 10 DAYS OF FINAL ACTION