Staff Notes Packet ZBA Mtg. Wed., February 21, 2018 St,%Tff Nc�e§
ZBA Meeting
Wednesday, February 21 , 2018
Queensbury Zoning Board of Appeals Agenda
Meeting: Wednesday, February 21, 2018 Time; 7_G0- 1 1 = pm
Queensbury Activities C enier- 742 Bay Road
Agenda subject to change and may be found at: ww ,gveensbwy.nel
Approval of meeting minutes, January 17 and January 24,2018
OLD BUSINESS,
Applicant(s) Joe Orlow Arta Variance No Z-AV-76-2017
Own s Joe Of low and Michacl Alund S E LSA Type N
Agent(s) rimy Robinson Riot Sim 0,07 Acres
LKation 11 WagonTrail Zoning WR
"Yard No. Ward 1
Tax Id No 290.5-1-21 Section L[79-3-040,, 1794-050;-050; 179-5-090
Cross Ref RC 631-2016 Res.Alt„BOTH 530-2016 Warren County Planning November 2017
Demolition interior only
Public Rearing November 15,2017-February 2l,2018 Adirondack Paris A as nla
Project Description Applicant proposes to rnaintaitt aM complote canstructian of a 841 sq.ft. single-Fami ly hamc. The project bas
been revised with left area reduced height less than 5 ft. and the entry deck has been reducod from 144 sq.ft.to W sq. ft_ Relief
requested from minimum prapcay lino setbacks,permeabil ity,and road trrontage requ irernem as well as relief from The maxi mu m
allowable Floor Area Ratio FAR re uireni nts for the WR zoning district,
NEW BUSINESS;
Applicant(s) James Schneider Area Variance Na AV-7-2018
Owner(q 14 Ladd Lane LLC RA IXRe Il
A e s Jeffrey Doak Lot Size 0.27 Aurc s
lAcation 14 Ladd Lane Zoning WR
Ward No. Waal 1
'Fax[d No 234.18-1-18 Section 179-3-040; 179-6-050
Cross Ref P-5P-6-2018 WrrrrSeu Cousty Planning Febnmry 2018
Public Hearling Fcbruary 21 2019 Adirondack Park A o ALD
Project bescriptian Applicant proposes construction of two residential additims;one is a 59 sq_ft.residential porch with 46 sq_ ft.
porch entry area. The other proposed addition is a 58 sq,& 10I1 of existing covered porch for kitchen expansion. Relief requested from
shoreline setbacks and permeability requirements, Planning Board. Site Plan Review for expansion of a nom=formigg structure in a
CEA.
A lican s AJ S s for Aviation Hospitality Sign Varian Cc Yo Z-SV-3-2018
Owners Aviatfon.HMitality SE RA 7v a Unlisted
Agent(s) AJ S1 Lot Size 2.5 Acres
Location 524 Aviation Road Zan ing Cl
Ward No. Ward 2
Tax Id No 302.5-1-96.1 Section ChWer l40
Cross Ref P P-45-2017 Site Plan Review Warren County Planning February 2018
P UP-LO-2017 Special Use Pennit
PZ-DISC-6-20[7 Discussion
Z-AV-42-2417 Arca Variance
Z-SV-6-2017 Sign Variance _
Public Nearing Fd)rugly 21,2018 1 Adirondack Park AMU nla _
Project Description Applicant proposes installation of 3 wall signs; 120 sq.ft.east}69.3 sq_fl.west,and 75 sq. fr. north for the Hamc2
Suites by H Ilton hotel. Relief rc ucsted from numtfer of allowable wall signs and maximum _tl_for such si
Page I o172
Queensbury Zoning Board of Appeals Agenda
Meeting: Wednesday, February 21, 2018 Time. 7:p0- 11:00 pm
Queensbury Activi#ies Center-742 Bay Road
Agenda subject to change and may be found at, www,queen sbury.net
Applicant(s) Todd Lewis Area Variance No T-AV-9-2.018
Owners Todd Lewis SE RA Type I1
A ent s pJa Lot Size 0,34 Acre(s)
l<,oeation 18 Rainbow Trail—Ward 1 Zoning MDR
Ward No. Rainbow Ridge SuMY[sion
Tax Id No 279.15-1-69 Section 179-5-020
Cross Ref $P 2413-344 shed Warren County Planning n!a
Public Hearing Fcbru 21,2018 Adiron deckParkAgency nla
Project Description Applicant proposes to maintain an already instal lad 216 sq.ft.shed and gravel arca around shed. Applicant had
installed the shed in t11a year 2013 in a compliant location ger building permit approval. Applicant then relocated the shed to a
noncom liant location according to Building and Codes, Relief reclucsted from side and rear yard sctbaak requirements.
Any further busiwe s that the Chairman determines may be properly brought before the ;honing 13oard of Appeals,
L:1Sue llemingwayM18 Yrer MATebruary 20MMA Agwda Final February 212018 LM 1.25.2018.docx
Page 2of2
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.. 76-2017
Pro*( Applicant: Jae Oriow
Project Location: 11 Wagon Trail
Parcel History: RC 631-2016 Res.Alt.; BOTH 630-2016 Demolition interior only
SEAR Type: Type II
Meeting Dote: February 21,2418,tabled at meeting 11115117
Description of Proposed Project:
Applicant proposes to maintain and complete construction of 891 sq. ft. single-family home. The project has
been revised with loft area reduced height less than 5 ft. and the entry deck has been reduced from I44 sq. ft. to
84 sq. ft. Relief requested from minimum. property line setbacks, permeability, and road frontage requirements
Relief Required;
Section 179-3-040 Dimensional requirements
The applicant proposes to complete construction of home on a .07 ac pre existing parcel. The building undue
construction is 24,9 ft from Sunnyside North, 6.2 ft from Wagon Trail,4.6 ft from the rear east property line,
and 6.8 ft from the rear south property line. The zone requires a 30 ft setback from the front property lines and
rear property lines as the lot is a corner lot. Relief is requested for permeability where 67.40a is requested where
75%permeability is required.
Revised:
1) Floor area ratio -relief is no longer requested as loft area has been reduced below 5 ft
Criteria for considering an Area Variance according to Chapter Z67 of Town Law-
In mualciag 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 giranting of this area varix nm Minor impacts to the
neighborhood may be anticipated. The applicant has indicated the project is currently incomplete and will
be completed as presented.
. 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 doe to the size of
the parcel, the location of the existing home and location of the septic area.
. Whether the requested area variance is slabsta"tial. The relief requested may be considered substantial
relevant to the code. The relief requested is 5.1 ft from Sunnyside Worth, 23.8 ft from Wagon Trail, 25,4 ft
from the rear east property line, and 23.2 ft from the rear south property line. Relief is requested for
permeability 7.6% in excess.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comment's:
The applicant proposes to complete construction of an 891 sq. ft. single-family home. The home will have two
open decks; one is 84 sq, ft. and the other is 36 sq. ft.. The plans show the location of the home on the panel
with the deck areas. The elevations show the exterior and interior of the home including a storage loft area.
The applicant has received a Local Board of Health septic variame. The applicant had been informed a building
permit and variance application were required for the project.
The applicant was requested to provide suppotting information in regards to the original footprint of the home.
The applicant has included the Real Property Service footprint diagram that was complete prior to renovations—
the only addition is the 84 sq ft open deck (west side) and the 36 sq ft open entry porch area (south side)
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road ( uecnsbury, NY 12.804 (518) 761-8238
Tema of(Luumisbury
Area Varia ace Resolution To: Approve /Disapprove
Applicant Name: Joseph Orlow
File Number: Z-A -76-2017 �
Location- 11 Wagon Trail �4
Tax Map Number: 290.5-1-21
BA Meeting Date: Wednesday, February 21, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Joe 0rlow.
Applicant proposes to maintain and complete construction of a 891 sq, ft. single-family home. The project has
been revised with loft area reduced height less than 5 ftr and the entry deck has been reduced from 144 sq. Jft. to
4 sq. ft. Relief requested from minimum property line setbacks, permeability, and road frontage requirements
Relief Required:
Section 179-3-040 Dimensional requirements
The applicant proposes to complete construction of a home on a.07 acre pre-existing parcel. The building
under construction is 24.9 ft from Sunnyside North, 6.2 ft from Wagon Trail, 4.6 ft from the rear east property
line, and 6.8 ft from the rear south property line. The zone requires a 30 ft setback from the front property lines
and rear property lines as the lot is a corner lot. belief is requested for permeability where 67.4% is requested
where 75% permeability is required.
Revised:
1) Floor area ratio -relief is no longer requested as loft area has been reduced below 5 ft
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,November 15, 2017 Tabled to February 21, 2018
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 Cade and Chapter 2.67
of IVY'S Town Law and after discussion and deliberation, we fuid as follows:
PER 7'HE DRAFT PROVIDED BY STAFF
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 minimize the zequest OR are rrot trossible.
3. The requested variance is r is not substantial because
4. There is I 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
outweigh( pprov_al) 1 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;
. The Board also proposes the following conditions:
a)
b)
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BA SED ON THE ABOVE UNDING S. I MAKE A MOTION TO APPROVE / DENY AREA VAR 1AN E
-AV-7 -2017 Joe Orlo , Introduced by�, who moved for its adoption, seconded by
Duly adopted this 2 1"day of February 21, 2015 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
ommunify Development Department Staff Notes
Area Variance No.. 7-2018
Project Applicant: James Schneider
Project Location; 14 Ladd Lane
Parcel History- RP678-2017 interior alterations,BP563-2017 Septic alteration
SEQR Type= Type 11
Meeting]late: February 21,2018
Description of Proposed Project;
Appiic ant proposes construction of two residential additions; one is a 59 sq. ft. residential porch with 46 sq. ft,
porch entry area. The other proposed addition is a 58 sq. ft, infill of existing covered porch for kitchen
expansion. Relief requested return shoreline setbacks and permeability requirements. Planning Board: Site Plate
Review for expansion of a nonconforming structure in a CEA.
Relief Req nired:1.
The applicant requests relief from shoreline setbacks and permeability requirements.
Section 179-3-444 establishment of districts-dimensional requirements -waterfront residential
The applicant proposes a 105 sq ft new porch and entry way and a 58 sq Il infill of an "isting covered porch for a
kitchen expansion. The addition is to he located fig ft 2 in where a 75 setback is required. The site permeability relief is
requested with 73.64 ala proposed and 75% is required
Criteria for considerh an Area 'Variance according to Chapter 267 of Town 11aw:
In making a determination, the board shall consider;
1. Whether an undesirable change Fill he produced in the character of the neigh borhoud or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood character 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 limited due to the location
of the existing home is non-compliant and the addition is to the non-shoreside of the home.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. Relief is requested for 5 ft 10 in.
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 tete physical or
environmental conditions in the neighborhood may he anticipated.
5. Whether the alleged difficulty was self created. The difficulty may be considered self-created.
Staff comments;
The applicant proposes residential additions for an existing home -one addition is a 105 sq fl new porch and
entryway. This includes a utility room underneath the new porch area. The second addition is an infill of 58 sq
ft to increase the kitchen area. The plans show the location of the additions and elevations.
FebIS-03
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on February 9, 2415
Project Name: Schneidev. Jaynes & Kate
Owner- Schneider, dames& Kate
FD Number: QBY-I8-A -7
County Project#: Feb18-03
Current Zoning: WR
Community: Queensbury
Project Description:
Applicant proposes two residential additions one is a 59 sf residential porch with 46 sf porch entry area The other is a 58
sf infill of existing covered porch proje[t includes area variance for setback to shoreline and permeability
Site Location:
14 Ladd Lane
Tax Map Numbers}:
239,18-1-1 B
Staff Dotes:
The Warren CountyPlanning Department finds that the project will not create any signifieantiMer-municiPa.l or county-wide
impacts to the items identified in GM §239.
Local actions to date (if any):
County Planning Department:
NCI
Local Action:lFinai Disposition:
2}9I018
Warren County Planning Department Da[ie Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT 4%TTHIN 10 DAYS OF FINAL ACTION
owing Board of Appeals -Record of Resolution
Town of Queensbury 742 Bay road Queensbury, IVY 12804 (518) 761-8238
Terri of(bi -risbury
Arca Vairia nee Resolution To: Approve 1 Disapprove
Applicant Name: James Schneider
File Dumber: Z-AV-7-2018 E-0 .' '� _
Location- 14 Ladd Lane
Tax Map Number: 29918-1-18
BA Meeting Date: Wednesday, February 21, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from James Schneider.
Applicant proposes construction of two residential additions; one is a 59 sq, ft. residential porch with 46 sq. fL
porch entry area. The other proposed addition is a 58 sq. ft. infill of existing covered porch for kitchen
expansion, Relief requested from shoreline setbacks and permeability requirements. Planning Board: Site Plan
Review for expansion of a nonconforming structure in a CEA.
Relief Required:
The applicant requests relief from shoreline setbacks and permeability requirements.
Section 179-3-040 establishment of districts-dirnensional requirements-waterfront residential
The applicant proposes a 105 sq ft neve porch and entre way and a 58 sq ft infill of an existing covered porch for a kitchen
expansion. The addition is to be located 69 ft 2 in where a 75 setback is required. The site permeability relief is requested
with 73.64 %proposed and 75% is required
SEAR Type II-no further review required;
A public hearing was advertised and held on Vvcdnesday, February 21, 2018;
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 Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THL? DRAFT PR0VIDED BY STA F1;
1. Where is 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 1 is Rot substantial because
4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. Is #hi� alleged difficulty is / is not self-created because
. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outwei&h (approval) 1 would be outweighed b
A,_(dgnialj the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under wnsideration is the minimum necessary,
8. The Hoard also proposes the following conditions:
a
b) ,
c) Adherence to the items outtined in the follow-up letter sent with this resolution.
BASED DISI THE ABOVE FrNDTNGS, I MAKE A MOTION TD.APPRO E 1 DENS' ,AREA VARIANCE
CE
-A -7-201 S James 8chngider, Introduced by who moved for its adoption, seconded by
Duly adopted this 21" day of February 2018 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 3-2018
Project Applicant: AJ Signs for Aviation Hospitality
Project Location: 524 Aviation Road
Parcel Ifistorv: P- P-45-2017 Site Plan Review,P-STIP-10-1017 Speciai U&e Perm it,P .DISC-6-2017
Discussion, AV42-2017 Area Variance,ZSV-6-2017 Sign Variance
SEAR'lope: Unlisted
Meeting Date: February 21,2018
Description of Proposed Pro;cct:
Applicant proposes installation of 3 wall sighs; 95.7 sq. ft. east; 71.1 sq. ft. west, and 75.6 sq, ft. north for the
Home2 Suites by Hilton hotel. Relief requested from number of allowable wall signs and maximum sq. A.
allowed for a wall sign.
Relief Required:
The applicant requests relief from number of allowable wall signs and maximum sq. ft. for such signs.
Section. 140-6 Si gas for which ermits are req uired
Tf'ie applicant requests to install 3 wall signs where only one wall .sign is allowed. Relief is also requested fo)r
the maximum size of the sign allowed where 30 sq ft is the maximum for one, wall sign.
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 sign variance. Minor to no impacts to the
neighborhood character may be anticipated.
. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than a sign variance. The applicant could install less signs to be more
compliant or 1 sign to be compliant. The applicant has shown the parcel location has viewing paints from
the northway, route 9 and the mall €rrea but does not have physical road
frontage-
. Whether the requested sign variance is substantial. The request for additional signage and larger signs
may be considered substantial. The relief requested for the number of signs is for 2 in excess. The size
relief is for 3 wall signs for 2.12.40 sq ft in excess,
4, Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in tate neighborhood or district. The project as proposed may have minimal
impact on the environmental conditions of the district.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self=created.
Staff comr�nents•
The applicant proposes to install 3 wall signs of different sizes on the north, west and east side of the hotel currently
under construction for Haute 2 Suites. A previous approval granted 3 walls signs at 30 sq ft where the new application
proposes the North elevation 71.1 sq ft, Fust at 95.7 sq ft and the West at 75.6 sq ft. The plans show the location of the
signage and the location of the building on the property.
Feb1H-I15
Warren County Planning Department
Project Review send Referral `arm
Reviewed by Department on February 9, 2018
Project Name: AJ Signs for Aviation Hospitality
Owner- Avlatlon Hospitality
ID umber: OBY-18-SV-3
County Project#: Feb18-05
O Trent Zoning: GI
Community: Queensbury
Project Description:
Applicant is seeking to increase square footage for wall signs from previously approved SV-QBY-17-SV-0
Site Location:
524 Aviation Rd
Tax Map Number(s):
302.5-1-96.1
Staff`Dotes:
The warren CountyPlannIng Department finds that the project wlII not create any signi#lcantinter-municipal or countywide
impacts to the iterns identified in GML§239.
Local actions to date(if any):
Country Planning Department:
NrIl
Local Actian:Jnal Disposition:
4e,
2f912518
Warren County Planning Department hate Signed Local Official Date Signed
PLEASE RETURN T}D ]PORM TO THE WARREN MJNTY PLAN-VING D�?ART11F?NT WITHIN 10 DAYS OF EJNAL AC:TIOL
Zoning Board of Appeals—Record of Resolution
Q14W-
Town ofQueensbury 742 Bay Road Queensbury.NY 12804 (518) 761-8238
Town of(Lc'ewWry
f:
Signa Variance Resolution To. Approve / Disapprove
Applicant Name: AJ Signs for Aviation Hospitality
File Number; -S -3-2018
Location: 524 Aviation load
Tax Map Number. 302..5-1-96.1
ZBA Meeting Date: Wednesday, February 21. 2018
The Zoning board of Appeals of the Town of Queensbury has received an application from AJ Signs for
Aviation Hospitality, for a variance from Chapter 144 of the Sign Code of The Town of Queensbury,
Applicant proposes instaIlation of 3 wall signs; 95.7 sq. #t. east; 71.1 sq. ft, west,and 75.6 sq. fr. north for
the H orne2 Suites by Hilton hotel, Re]i ef requested from number of aliov,able wall signs and maximum
-sq. it. allowed for a wall sign.
Relief Required:
The applicant requests relief from number of allowable wall signs and maximum sq. ft. for such signs,
Section 140-6 Signs foT which permits are required
The applicant requests to install 3 wall signs where only one wall sign is allowed. Relief is also requested
for the maximum size of the sign allowed where 30 sq ft is the maximum for one wall sign.
SEAR Type. Unlisted [ Resolution / Action Required for SEQRJ
_Motion regarding Sign Variance Z-SST-3-2018, AJ Signs for Aviation Hospitality based upon the
information and the analysis of the above supporting documentation provided by the applicant, this
Board finds that this will not result in any significsant adverse environmental impact. S neve give it a
Negative Declaration, Introduced by who moved for its adoption, seconded by
Duly adopted 2 1" clay of Februw , 2018 by the following vote:
AYES:
NOES:
public hearing was advertised and held on Wednesday, February 21, 20113;
Upon revk-w. 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 Queensbwy Town Code and
Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows:
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the
nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than a sign variance? INSERT RESPONSE
3. Is the requested sign variance substantial? INSERT RESPONSE
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighbozhood or district? INSERT RESPONSE
5. Is the alleged difficulty self-created? INSERT RESPONSE
6. Izi addition the Board finds that the benefit to the applicant from granting the requested variance
would out ei&h/would be outweighedy 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;
Based on the above findings I make a MOTION TO APPROV E I DENY Sign Variance SV-3-2018,
AJ Signs for Aviation Hospitality, Introduced by , who moved for its adoption, seconded by
As per the resolution prepared by staff with the following:
A. insert conditions/comments>:
B. The variance approval is valid for one (1) year from the elate of approval; you may request an
extension of approval before the one (1) year time frame expires;
. If the property is located within the Adirondack Park, the approved varianice is subject to review by
the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the
A,PA's review is completed;
D. Final approved plans in compliance with an approved variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Bailding & codes
personnel'
E, Subsequent issuance of fur€ber permits, including sign permits are dependent on receipt of these final
plans;
F_ Upon approval of the application; review and appro-�,al of final plans by the Community Development
Department the applicant can apply for a sign permit unless the proposed project requires review,
approval, or permit from the Town Plarming Board and/or the Adirondack Park Agency, Lake George
Park Commission or other Mate agency or department.
Duly adopted this 21st day of February 2.01 S, by the following vote.
AYES
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Motes
Area Variance No.: 9-2018
Project Applicant: Todd Lewis
Project Location: 18 Rainbow Trail
Parcel History: BP 2013-349 shed
E QR Type: Type II
Meeting Date: February 21,2018
Description of Proposed Project:
Applicant proposes to maintain an already installed 216 sq, It. shed and gravel area around sled. Applicant had
installed the shed in the year 2013 in a compliant location per building permit approval. Applicant thea
relocated the shed to a noncompliant looation according to Building and Codes. belief requested from side and
rear yard setback requirernents.
Relief Required:
The applicant requests relief from side and rear yard setback requirements of the moderate density residential
zone.
Section 179- -020 —Accessory Structures
The applicant has relacatiM a 216 sq ft shed to a tion-compliant location where it is I 1 ft $ in from the side of the east
property line where a 25 ft setback is required and 2.2 ft 3 in from the read property line where a 30 ft setback is required.
Criteria for considering an Area Variance according to Cbapter 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 neighborb aed or a detriment
to nearby properties will be created by the grapating of this area variance. Minor to no impacts to the
neighborhood character 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 to relocate the
shed to a compliant location.
. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The relief requested on the east side property line is 14 ft 4 in and from the rear property line relief
requested is 7 ft 9 in.
4. Whether the proposed variance will have an adverse effeet or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed will have minimal
impact to the environmental conditions of the area.
S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
staff comments:
The applicant has relocated ars existing 216 sq ft shed to a non-compliant location on the property- The
applicant received a building permit in 2013 for the shed to be located near the existing patio area and then
moved it to behind the garage. The applicant has also installed a gravel area around the shed. The survey shows
the location of the shed currently and the aerial photo shows the location in 2013.
Zoning Board of Appeals Record of Resolution
'Town ofueensbury 742 Bay Rood Queensbury, QTY 12804 (518) 761-8238
�{astirr crf C�cti�x�rsR�r}•
Area Variance resolution To: Approve ! Disapprove
Applicant Name: Todd Lewis
File Number: AV- -2018 �, r
Location. 18 Rainbow Trail
Tax Map Number: 279.15-1-69
BA Meeting Date: Wednesday, February 21, 2018
The Zoidng Board of Appeals of the To-m of Queensbury has received an application from Todd Lewis.
Applicant proposes to maintain an already installed 216 sq. ft. shed and gravel area around shed. Applicant had
installed the shed in the year 2013 in a compliant location per building permit approval. Applicant then
relocated the shed to a noncompliant location according to Building and Codes. Relief reque sted from side and
rear yard setback requirements.
Relief Required:
The applicant requests relief from side and rear yard setback requirements of the moderate density residential
zone.
Section 179-5-020 —Accessory Structures
The applicant has relocated a 216 sq ft shed to a non-coin pIiant location where it i5 11 1t 8 in from the side of the east
property line where a 25 ft setback is required and 22 ft 3 in from tN� read property line where a 34 ft setback is required_
E R Type II—no further review required;
A public hearing was advertised and held on Wednesday, February 21, 2018;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-0$O(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THf? DRAFT PR0VIT)FD BY STAFF
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 are not —ossi.ble.
3. The requested variance is /is not substantial because
4. There is l 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
6, In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (upproval) 1 would be outweighed by pial the resulting detriment to the health, safety aud
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)
) ,adherence to the items outlined in the fallow-up letter sent with this resolution,
BASED ON THE ABOVE FINDIN S, I MAKE A MOTION TO APPROVE 1 DENY AREA VARIANCE
-AV-9-201 9, Todd Lewis, Introduced by , who moved for its adoption, seconded by^:
Duly adopted this 1" day of February 2018 by the folluMng vote:
AYES:
NOES: