Loading...
Staff Notes Packet ZBA Mtg. Wed August 23, 2017 Staff Notes ZBA Meeting Wednesday, August 23, 2017 Queensbury Zoning Board of Appeals Agenda Meeting: Wednesdcy, August 23, 2017 Time: 7:00- 1 1:00 pm Queensbury Activities Center-742 Bey Road Agenda subject to change and may be found at. www.queens bury.n el NEW BUS]NESS- A ]leant s Timothy Brown IMo tins Pruperty Mano ement Area Variance No E-AV-48-2017 Owners Donald and Nancy Swinton SE RA Typc 11 Agent(s) Timothy Brown/Mor any Property Manage inent Lot Size 0.22 Acre(s) Location 16 June Drive Zoning MDR W.4rd Na. Ward 2 Tax Id No 342.5-1-26 Section 179-3-040 CrnssRef Current: AST 197-20173-season POFOh I Warren Couu!y PI a nn ing I Au ust2017 Public Heotring I August 23 2017 1 Adirondack Park A encti I n/a Project Description Applicant proposes construclion of a 168 sq.A,covered front porch addition to an existing 1,584 sq. ft. home. Rel i of re uostcd from minimum sotback requimmems for the MDR zoning district. A licarit S Cmig Nicholson Arca Variance No Z-A V-50-2017 Owners Craig iwlichohon ST RA Type TI Agent(s) tva Lot Size 1.38 Acre s Location 12 Dream Lakc Road—(Kilmartin Subdivision) Zoning P-R-3A Yr. 1988 Ward No. Ward 1 Curxont: RR-3A Tax Id Na 279.-1-74 SCCtian 179-5-020 Cross Ref Current: AST 282-2017detochedprage;Subdivisioa WnrrenCouutyPlanning August 2017 No-fr-19$8 Kilmartin Public Hearing Au wt 23,2017 AdirondackPark A n nfa P romect Descrilil inn Applicant proposes construction of a 896 sq.ft.detached garage. Portal hos on existing 1,787 sq_ft.home with an attached . Relief re nested for second garago on pw=1 whore only one is allowed- Applicant(s) llowed_A 4icant s Richard A.Hughes.Jr. Area Variance No Z-AV-51-2017 Owner Richard A.Hughes,Jr. SE %. Type It A ants ,11a Lot Size 8.21 Acre(s) Ucation 167 Chesni ut Ridge Road Zoning MDP. Ward No. Ward I Tax Id No 29O 1-22.6 Section 179-5-020 Cross lief Current; AST 409-2017 detached pmgt V4 OV"d County Planning nla Public Bearing Au ust 23,2f)17 Adirondack Park Agency I n1a Promeet Description Applicant proposes construction of a 1,008 sq. il_detached garage to include 432 sq, ft, for storage and 250 sq. R. for use as a carpot. ROW ra utstcd for a second garaSt on pawel tube rc.only one N allowed. Applicant(s) Katherine Seelye Area Variance No 7-AV-53-2017 Owne 8 Katharine Seel c SFQRA Type It Agent(s) Dennis MuaElrpy,PE Environmental Design Lot Size 0-62 Acre(s) Partnership Locution 14 Crookcd Trac Drive Zoning vl'R Ward No. Ward I Tax Id No 239.15-1-10 Section 179-3A40 Cross Ref P-SP-55-2017 warren County Planning Au ust 2017 Public Rearing Au ust23.2017 AOir,andark Park A ne ALD Protect Description Applicant proposes construction of a 225 sq.ft.residential addition_ Re[ief requested from minimurn shoreline and setback requirements for the WR zoning district. Planning Board: Site Plan 1-Cview required for expansion of a nonconforming structure within a CEA. Any further busincssthal the Chairman determines May be PrOperly lxrought before tlieZoning Board ofAppcxls. Final Version: 7?7�017CW1,Wsh Town of Queensbury Zoning Burd of Appeals Community Development Department Staff Notes Area Variance No.. 48-2017 Project Applicant. Timothy Brown /Morgans Property Management Project Location: 16 Juinc Drive f MDR—Moderato Density Residential 1 'Ward Meeting Date: August 23, 2017 Description of Proposed Applicant proposes construction of a 168 sq. ft, covered front porch addition to an existing 1,584 sqft, home. belief requested from minimum setback requirements for the MDR zoning district. ReEief Reyu�rcd: The applicant request relief frons minimum setback requirements for the MDR zoning district. Section 179-3-040 establishment of districts-dimensional i-e uirements MDR zone The appiicant proposes a covered Front porch addition that is to be 23.7 tt and is required to be 30 ft from the front property line. Criteria far considering an Area Variance according to Chapter 267 of Town Latw; In malting 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. . 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 as the existing home is 29A ft from the overhang to the front property line. 3. Whether the requested area variance is substantial. The request for relief may be considered minimal relevant to the code. The relief requested is 6.3 ft. 4. Whether the proposed variance will have an adverse effect or iMpftct on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff CO The applicant proposes a 168 sq ft covemd porch to be placed at the front of the home. The plans shoe the view of the porch from the road and it will align with an existing path to the driveway. Warren County Planning Deparfinent AUg17-11 Project Review and Referral Form Reviewed by Department on August 14, 2017 Project Name.- Brown, Timothy Owner- Swinson, Donald & Nancy ID]Number: QBY-17-Alf-48 County Project#: Aug17-11 Current Zoning: MDR Community: Queensbury Project Description: Applicant propose to construe a 166 sq. it. covered 3 season porch-entryway. New porch does not meet setback requlrements for MDR. Applicant has received denial letters_ Site Location: 16 June Dr Tax Map Numbers): 862,5-1-26 Stuff Naves: The issues here appearto be of a local nature Involving local issues without any significant impactson Count} properties or resources_ Staff recommends no county Impact based onthe information submitted according to the suggested revlew criteria of NYSGeneral Municipal Law Section 239 applied to the proposed project_ Local actions to date{if any)- County Planning Department: NCI Local Acdon:fFinal Disposition: �7��. 811412077 Warren County Planning Department Date Signed Local Official Date Signtd PLEASE RETURN VA 15 FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITIT1N 1Q DAYS OF FINAL ACTLON Zoning Board of Appeals —Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 X518) 761-8238 Town of{Lfmm sbtrry Area Variance Resolution To: Approve /Disapprove Applicant Name- Timothy Brown/Morgans Property Management File Number: Z- -48-2017 Location: 16 June Drive Tax Asap lumber: 302.5-1- 6 BA Meeting Date: Wedtiesday, August 23, 2017 The Zoning Board of Appeals of the Town of Queensbury has received ars application from Timothy Brown ! Morgans Property Mlanageinent Applicant proposes construction of a 168 sq. it. coveted front porch addition to an existing 1,584 sq. ft.hone. Relief requested from minimum setback requirements for the MDR zoning district. The applicant request relief ftom minimum setback requirements for the MDR coning district. Section 179-3-040 establishment of districts-dimensional requirements MDR zone The applicant proposes a covered front porch addition that is to be 23.7 ft and is required to be 30 ft from the font property line. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, August 23, 2017; 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 RAYS "Town Law and after discussion and deliberation, we find as follows: 11 ER TITS F)R A I-T PROVIDED R S-I-FF' 1. There is 1 is not an undesirable change in the character of the neighborhood noir a detriment to nearby Properties because 2. Feasible alternatives are and have been considered by the Boaird, are reasonable and have been included to minimize the re uest OR are not possible. 3. The requested variance is 1 is net substantial because 4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. Is the alleged difficulty is I is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outwei t a roval / would be outwei hed b deni€tl 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; S. The Board also proposes the, following conditions: a) b) c) Adherenoe to the items outlined in the follow-up letter scut with this resolution. BA SED ON THE ABOVE FINDS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE Z- AV-48-2017. TirnothBrown f Ma ons Pro err Mann ernent Introduced by , leo moved for its adoption, seconded by Duly adopted this 23`J day of August 2017 by the following vote: AYES- NOES: YES;NOE : Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.. 50-2017 Project Applicant.' Craig Nicholson Project Location: 12 Dream Lake Road /RR-3A— Rural Residential—3 Acres /Ward 1 Meeting lute. August 23, 201:7 Description of Proposed Project: Applicant proposes construction of an 896 sq, ft. detached garage. Marcel has an existing 1,787 sq, ft. home with an attached garage. Relief requested for second garage on parcel where only one is allowed. Relief Requiz-ed The applicant request relief for second garage on parcel where only one is allowed. Section 179-5-420—Accessory trugxtur+es— ara c: The applicant proposes a second gavage that is detached. Criteria for considering an Area Varia nee according to Chapter 267 of Town Lav: In making a determination, the board shall 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 sonic method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives be considered to include an addition to the existing garage. 'rhe number of sheds is to be reduced to the maximum allowed at 2. . Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. Relief requested is to allow two garages where only one is allowed. The four sheds total 456 sq ft where the applicant has iuidicated the sheds would be reduced to be compliant with the number allowed.. 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 may be considered to have minimal to no impact on the environmental conditions of the site or area. a. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comrnents The applicant praposes to construct aui 896 sq ft detached garage. The garage is to have two garage doors and interior stairway to access the storage area above. The applicant has indicated the existing storage sheds will be reduced to two. The location of the shed is near a non-operable man inade pond (after 2004 per aerials) that is to be filled for the placement of the garage.. There is no driveway to be installed access will be from the existing lawn area. The board may consider requesting information on utility connection —ie water or electric service four cleaning and lighting. Warren County Planning Department Aug17-12. Project Review and Referral Form Reviewed by Department on August 14, 2017 Project Name: Nicholson, Craig Owner: Nicholson, Craig ID Number: QBY-I7-A -50 County Project#: Aug-117-12 Current 7-ening: RR3A Community: Queensbury Project Description: Applicant proposes to construct a 896 sq ft second garage_ 0 arage Is detached and meets setback requirements shown on survey. Applicant provided a survey, had applied for huilding permit received denial letter. Project includes mainfaining four sheds totaling 496 sq ft, Site Location: 12 Dream Lake Fid Tax Map Number(s)- 279.-1-74 Staff Notes: The Issues here appearto be of s loceI naturB involving local issues without any slgnlflcant impactson County properties or resources. Staff recommends no county impact based "he information submitted acoording 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 Aetion:IFbai Disposition: ���� 6/1412017 Warren County Planning Department Date Signed Local Official Date Signed PIXASE RETURN TIUS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT W]THFN 10 DAYS OF FINAL ACTION Zoning Board of Appea Is —Record of Resolution "Town of Queensbury 742 Bay Road Queensbury.NY 12.804 51$) 761-8238 T wa d(Lumafgboiry Area Variance Resolution To: .Approve 1 Disapprove Applicant Name: Craig Nicholson File Number: Z,-AV-50-2017 Location: 12 dream Lake Road Tax Map Number. 279.-1-74 BA Meeting Date: Wednesday, August 23, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application from Craig Nicholson. Applicant proposes construction of an 896 sq. ft. detached garage. Parcel has an existing 1,787 sq, ft. home with an attached garage. Relief requested for second garage on parcel where only one is allowed. The applicant request relief for second garage on parcel where only one is allowed. Section 179-5-420 —AccessoEy Structures^ ra e, The applicant proposes a second garage that is detached. FR Type II —no further review required; public hearing was advertised and held on Wednesday, August 23, 2017; 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 uet-mb pry 'Town Code and Chapter 267 ofNYS Town Law and after discussion and deliberation, we find as follows: P ER T1-1E DRAFT 11 ROV ID ED BY STA I'l 1. There is 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 request OR arse snot 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 neighbothood or district? 5, Is the alleged difficulty is I is nit self-created because 6. In addition the Board finds that the benefit to the applicant frorn granting the requested variance would outei a, val 1 would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also ands that the variance request under consideration is the minimum necessary; . The Board also proposes the following conditions: a) b) a c) Adherence to the items outlined in the follow-up letter sent with this resolution_ BASED ON THE ABOVE FINDINGS. I MAKE A MOTIONTO APPROVE 1 DENY AREA VARIANCE -AV-50-2017, raj_g_Nicholson, Introduced by , who moved for its adoption, seconded by Duly adopted this 23rD day of August 2017 by the following Mote: AYES: IDES: Town of Queensbury Zoning Board of Appeals Com munity Development Department Staff Notes Area Variance leo.: 51-2017 Project ,Applicant: Richard A. Hughes,Jr. Project Location: 167 Chestnut Ridge Road { MPR— Moderate Density Residential 1 Ward 1 Meeting Pate- August 2.3, 2017 Deseription of Proposed Project: Applicant proposes consU-action of a 1,008 sq, ft. detached garage to include 432 sq_ ft, for storage and 250 sq, ft. for use as a carport, relief requested for a second garage on parcel where only one is allowed. Relief Required: The applicant request relief for second garage on parcel where only one is allowed. Section 179-5-020—Accessaa Structurps — aro e: The applicant proposes a second gairage that is detached. Criteria for considering an Arca Variance according to Chapter 267 of Town Kara: In making a determination, the board shell 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 arca variance. Feasible altf matives may be considered for an addition to the existing garage. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief requested is to allow two garages where only one is allowed. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in dic neighborhood or district. The project as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to construct a 432 sq ft detached garage v ith a 250 sq 11 open car-pont area. The garage is to also have imerior stairs to acoess the storage area above. The plans show the elevations and floor plans of the building. The applicant has indicated the building to be used for storage for lawn equipment and furniture. The survey also showthe existing shed to be removed. The board may consider requesting in Cormatior.on utility connection—ie water or electric service for cleaning and llghtin& Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) '761-5238 Town Cd Q-LXTI I%-bu ry Area Variance Resolution To: Approve I Disapprove Applicant Name. Richard A. Hughes, Jr. File Ntimber. -A - 1-2017 Location- 167 Chestnut midge Road Tax Map plumber: 2.90.4-22.6 BA Mccting Date: Wednesday, August 23, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application fr=Richard A. Hugh es,Jr. Applicant proposes construction of a 1,008 sq. ft. detached garage to include 432 sq. ft, for storage and 250 sq. ft_ for use as a carport. Relief requested for a second garage on parcel where only one is allowed. The applicant request relief for second garage on parcel where only one is allowed. Section 179-5-020—Accessojy Strictures —garage, The applicant proposes a second garage that is detached. SEAR Type I1—no further review required; A public hearing was advertised and held on Wednesday, August 23, 2017; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-O8Q(A) of the Queensbury Tov4n Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows= C'F.R THE DRAFT PROVIDED 13Y STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 1 Feasible alternatives are and have been considered by the Board, are reasonable and have been included to m.ilaimize the request OR are not possible. 3. The requested variance is I is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in div, neighborhood or district? 5, Is the alleged difficulty is 1 is not self-created because . In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh(appro val} 1 ould be out ei ied 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 considerattnn is the minimum n cessary; S. The Board also proposes the follo%ving conditions= a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution, BASED ON THE ABOVE FINDINGS 1 MADE A MOTION TO APPROVE / DENY AREA VARIANCE Z.-A -51- 017 Richard A. Hu lies Jr_, Introduced by _, ,who moved for its adoption, seconded by Duly adopted this 22 "a day of August 2017 by the following vote: AYES. NOES, Town of Queensbury Zoning Board of Appeals Community Development Department Staff Motes Area Variance leo.. 53-2017 ProjectApplicant- Katharine Seelye Project Location: 14 Crooked Tree ]rive !WR—Waterfront Residential f Ward 1 Meeting Datc.. August 2.3,2017 Description of Proposed Project: Applicant proposes construction of a 232 sq. ft. residential addition. Re]ief requested from minimum shoreline and setback requirements for the WR zoning district. Planning Board. Site Plan review required for expansion of a nonconforming structure within a CEA. Relief Required; The applicant request relief from minimum setback requirements for the WR zoning district. Section 17'9-3-040 establishment of districts-dimensions] requirements WR zone The applicant proposes 232 sq ft residential addition that is to be 50 ft ITom the shoreline where a 75 setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town 1Jaw: In retaking 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 arca 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 considered limited to add a fust story bedroom on the home due to the configuration of the structure on the parcel. . Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief requested is 25 €t. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or , nvironrnental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self created. The difficuIty may be considered self-created- Staff comrnents The applicant proposes a x.32 sq ft addition to an existing home for a first floor bedroom. The project includes alterations to the fust floor and minor to the second floor. The plans show the existing and proposed floor plan and a rendition of the new addition. i Warren County Planning Department Projject Review and Referral Form Reviewed by Department on August 14, 2017 Project Name: 5eelye, Katherine Owner. Seelye, Katherine FD Dumber: QBY-I7-AV-53 County Project#: Au917-13 Current Zoning: VVR Community: Queeiisbury Project Description: Applicant proposes a single story 225 sq ft addition to an existing 1084 sq ft home. Floor area exlsting 2593 sq it and proposed 2788 sq ft. Project includes minor interior alterations to accommodate addition Project does not meet shoraline setback,75 ft required, proposed is 52 ft_Tha interior of the addition is for a first story bedroom_ Project will trigger a 13 OH review variance for relocating tank. Site Location: 14 Crooked Tree Dr 'I`ax Map Number(s): 239,15-1-10 Stats'Notes: The lssues here appearto be of a local nature involving local issues without any significant impactson County properties or resources. Staff recommends no county impact based onthe information submitted according to the suggested review criteria of NYSeneral Municipal Law Section 239 applied to the proposed project. Local actions to date(if any): County Planning Department: NCI Local Action:fFinal Disposition: 8!1412017 Warren County Phinning Department Date Signed Local Official Date Sigued PLEASE,Rr%TURN THIS FORM TO THE WARREN COUNTY MANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION Zoning Beard Gf Appeals —Record of Resolution Town of Queensbury 742 Bay Road Queerisbury, NY 12804 (519) 761-9238 Tusm of(Laeuasbury Area Variance resolution To: Approve l Disapprove Applicant Flame: Katharine Seelye File Number. -A -53-2017 Location: 14 Crooked Tree Drive Tax Map Number: 239.15-1-10 ZBA Meeting Date: Wednesday, August 23, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application from Katharine Seelye. Applicant proposes construction of a 232 sq. ft. residentiai addition_ Relief requested from minimum shoreline and setback requirements for the WR zoning district_ Planning Board: Site Plan Review required for e pausion of a nonconformiag structure within a CEA. The applicant request relief from minimum setback requirements for the WR zoning district. Section 179-3-040 establishment of districts-d hren si onal Mq uirements WR zone The applicant proposes 232 sq ft residential addition that is to be 5 0 li from the shoreline 'where a 75 setback is required. SEAR Type I I — no Carther review required; A public hearing was advertised and held on Wednesday, August 23, 2017; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-084( ) of the Q ueensbury Town Code and Chapter 267 of Al YS Town Law and after discussion and deliberation, we find as follows: P L'R T1 I1, i]C:A1;'1' 1.180 V 1DI;D iii` S'I-AI-T 1. There is 1 is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible altemtives are and have been considered by the Board, are reasonable and have been ineluded to mini nize the request OR are no r ossible. 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. Is the alleged difficulty is / is not self-created because . In addition the Board finds that the benefit to the applicant fern granting the requested variance would outweigh (prowl) 1 would be put � by (denia) the resulting detriment to the health, safety and welfare of the neighborhood or conunulnity; 7. The Board also fords that the variance request under consideration is the minimum necessary; S. 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 FTNDrN rS. I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE - A -53-2017. Kadwine Seelve, Introduced by , who moved for its adoption, seconded by Duly adopted this 23rd day of August 2017 by the following vote. AYES: NOES