Staff Notes Packet ZBA Wed., February 28, 2018 StEff NoteE-
ZBA Meeting
Wednesday, February 28, 2018
Queensbury Zoning Board of Appeals Agenda
Meeting: Wednesday, February 28r 2018 Time: 7:OD- 1 I:OD prrt
Queensbury Activities Center-742 Bay Road
Agenda subject to change and may be found at: w_queen-SbLFry_net
NEW BUSINESS.
A Lit r s Srott Johnson Area Variance Nu Z-AV-10-2018
Owners Scott Johnson $F.QRAT a II
Agent(s) n1a Lot Size 5 Acre(s)
Laxation 3213 State Route 9L Zoning RR-3AJLC-IQA
Word No, Ward I
Tax Id No 239.19-1-13,2 Section 179-3044
Crm Ref n1a Warren Coun P€abruary 2018
Public H to rl ng Februwy28,2019 Adirondack Park Agency ALD
Project Description Applicant proposes construction of residential additions; 1.) 276 sq. fL residential addition,2_)37$sq,ft,screen
porch,3,) 372 sq. fl.open dock, and 4-)75 sq,ft.replacement wvcrcd parch and entry area. The project includes removal of existing
deck arca, belief requested from Minimum setback rc uircments_
A Iieant s Scavcy Family Trust Area V,a ria nce No Z-AV-8-2018
Owners Estate of Barbara C. Bury SEQPk Type rI
A ent s Michael J_O'Connor,Esq. Lot Size 021 Acre(s)
Location 3 Glen Hall Dfive Zoning WR
Ward No. ward 1
Tax Id No 289,11-1-27 Section 179-3-040; 1794-050:
174-13-010
Cross Ref P-SP-14-2418;Lal'206-753 DCC mlition of Cabin Warren Coma FIannin IVa
F'uhLic Henring I FebruaFy 28 2018 Adirondack ParkAgency nfa
Pratjeci Nscriptinn Applicant propows construction of a 2-bodroom home; 1,020 sq,fL(footprpbl);2,065 sq. ft.(floor arcs)_ Project
includes site wodr,terraced retaining,walls with a walkway to the new home. Relief requcstcd from minirnurn setback requirements,
perrneabil ity,fluor area,and ht`ight astrictions. Planning Board: Site Plan Review required for hardsurfacing within 50 ft and for a
ro`ect within 50 ft. of s 15%sla} a.
A lican# s William&Bonnie Thomas Area VarianceNo Z-AV-13-2018
Owners William&Bonnie Thomas SEQRAT a II
A ge nt(s) Lucas Dobie,Hutchines Engineering Lot Size 0.25 Acre(s)
Michael 1.O'Connor,Rsq.Litho&O'Connor
Location 9 Genista Lane Zoning WR
Ward No. Ward L
Tax Id No 289 10-L-35;289.10-1-36seed" 179-3-140', 179-6-050;
179.6-060-, 1794-050
Crass clef P-SP-17-2018;SP 16-2018 Warren County Manning n/a
Public Hearing, February 28, 2018 AdirondarkPark Agemey n!a
Project Deseri ption Applicant proposes to construct a new 3,43$sq_ft,driveway greater than a 10%slope and add additional
hafdsurfacing_ Project includes a driveway connection to the adjoining lot 289.10-1-36. Relief requested for driveway greater than 1091
and site[nnneability. Plannin Board: Site Platt Review required for driveway greater then 10%
Page 1 of 2
Queensbury Zoning Board of Appeals Agenda
Meeting: Wednesday, February 28, 2038 Time: 7:00- 11:00 pm
Queensbury Acilyi fies Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury,nef
A licant(g) Judkins Family Trust Area Variance No ,SAV-12-2018
Owners David A.8c Dawn W.Judkins,Trustee SERA Type 11
Agent(s) 'tom Hutchins—Hutchins Engineering Lot Size 0.37 Acre(s)
Location 15GenistaLanc Zoning WR
Wmrd No. Ward 1
Tax id No 289.10-1-36;289.14-1-35 Section 174-3-0 ; 179-6-080;
Ward 1 1744-M
Cross Rei` P Sig-16-2418,SP 17-2018;BP 99-273 rebuild Warren Coardy Planning nJa
dock
Public"earlap, Februa 28, 2418 Adirondack Park Ageng n/a
Project Deseripdolt Applicant proposes denioli#ion ofelte existing 1,100 sq_ft. seasonal dwelling and construction of a new 1,664 sq.ft.
year-round single-family dwelling. Relief requested from minimum setback requirements and road frontage requirements for the WR
mote. Planning Board: Site Plan Review muircd as the praj eci requires grading wihhin 50 feet of slopes greater than 15 perccnt.
Any further business that the Chairman determines may be properly brought befog the Zoning Board of Appeals.
L;1.Suc Hemingwayl2018 YeArZBATcbruary201RZBAAgenda Final Pcbruary 282018 Lif 3.25.21)1$_60cx
Psem 2 aft
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Motes
Area Variance No.: 10-2015
Project Applicant: Scott Johnson
Project Location: 32.13 State Route 9L
Parcel History: nfa
SEAR Type: Type II
Meeting Date: February 29,2015
Iescri tion of Proposed Project:
Applicant proposes construction of residential additions; 1.) 276 sq. ft. residential addition, .) 375 sq. ft.
screen porch, 3.) 372 sq. ft. open deck, and 4.) 75 sq. ft. replacement covered porch and entry area. The project
includes removal of existing deck area. Relief requested from minimum setback requirements.
Relief Required:
The applicant requests relief from minirnurn setback requirements, (The parcel is split zone RR5A and LC IOA
where the horns is located within the RR5A zone)
Section 173-3-040 establishment of districts-dimensional requiretnents—rural-residential 5A zone
The applicant proposes residential additions to an existing home where the setback to the addition on the west
side is to be 39.3 ft. and on the east side is to be 5.6 ft. where a 75 ft. setback is required.
Criteria for considering an Ares Variance according to Chapter 267 of Town
In making a determination, the board shall consider:
I. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor 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 Iimited due to the existing
lot contygurmtion and house location. A variance may be required for any addition to the home due to the
setback requirements of the R5A zone being 75 ft.
3. Whether the requested arca variance is substantial. The relief may be considered substantial relevant to
the code. The relief on the west setback is 35.7 ft. and on the east side is 69A ft.
4. Whether the proposed variance will have an adverse effector impact on the physical or
enviro n menta I conditions in the neighborhood or district. The projeot as proposed will have minimal
impact to the neighborhood-
5. Whether the alleged difficulty was self-ereated. The difficulty may be considered self-created.
Staff tormments:
The applicant proposes a 276 sq_ ft. residential addition on the east rear side of the home, to update a 375 sq. ft.
screen porch and 372 sq. ft. open deck,then redo a 75 sq. ft. replaceinent covered porch and entry area. The
plans show the details of each addition and the location to the home.
Zoning Board of Appeals
Com muniiy Development Department Staff dotes
Zoning Board of Appeals —Record of resolution
Town of Queensbury 742 Bay Road Queensbury, IV's 12804 (518) 761-5238
'!t„+'n(d(tgCVII. Lfry
Area 'Variance Resolution Tv: Approve f Disapprove
Applicant Name: Scott Johnson
File Number- AV-10-2018
Location: 3213 State Route 9L
Tax Map Number- 239.19-1-13.2
BA Meeting Date: Wednesday, February 28, 2012
The Zoning Board of Appeals of the Town of Queensbury has received an application from Scott Johnson.
Applicant proposes construction of residential additions; 1.) 276 sq. ft. reiidential addition, 2.) 375 sq. ft.
screen porch, 3.) 372 sq. ft. open deck, and 4.) 75 sq. ft. replacement covered porch and entry area. The project
includes removal of existing deck area. Reliefrequested from minimum setback requirements.
Belief Required:
The applicant requests relief from minimum setback requirements. (The parcel is split zone R.R5A and LC 1 OA
wbere the home is located within the RR5A zone)
Section 179-3-040 establishment of districts-dimensional requirements—rural residential 5A. zone
The applicant proposes residential additions to an existing home where the setback to the addition on the west
side is to be 343 ft. and on the east side is to be 5.6 £1. where a 75 ft. setback is required.
SEAR Type 11 —no further review required;
A public hearing was advertised and held on Wednesday, February 28, 201$;
Upon review of the application materials, information supplied during the public heaTi ng, and upon
consideration of the criteria specified in Section 179-14-p8b(A) of the Queensbury Town Code and Chapter 267
of NYS 'Town Law and after discussion and deliberation, we find as follows:
PER THE DRAIa T PROVIDED BY STAFF
1. There is 1 is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2.. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request DR are not possible.
3. The requested vaYiarice is /is not substantial because
4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
S. Is the alleged difficulty is J is not self created because
. In addition the Board finds that the benefit to the applicant from grtandng the requested variance would
outweigh (approval) / would be outweighed by (denial l the resulting detrirnent to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under oonsideration is the minimum necessary;
S. The Board also proposes the following conditions,.
a)
b)
c) Adherence to the items outlined in tete follow-up letter sent with this resolution.
BASET} ON THE ABOVE FINDINGS, I MADE A MOTION TO APPROVE 1 DENY AREA VARIANCE
-A -10-2018. Scott Johnson, Intro duoed by , who moved for its adoption, seconded by
Duly adopted this 2 '� day of February 2018 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
ommunIly Development Department Staff Motes
Ares Variance No.: 9-2018
Prajcct Applicant: Seavey Family Trust
Project Location: 3 glen Hall Drive
Parcel History: P- P-1,4-2018; BP 2046-753 Dem olMon of Cabin
SEQR Type: -Pe iI
Meeting Date: February 28,201
Description of Proposed Project:
App]icant proposes construction of a -bedroom home; 1,020 sq. it. (footprint); 2,065 sq.. ft. (floor area).
Project includes site work,terraced retaining walls with a walkway to the new home. belief requested from
minimum setback requirements, permeability, floor area, and height restrictions.
Relief Required:
The applicant requests relief from mi-nimum setback requirements,permeability, floor area, and height
restrictions.
Section 179-3-040 establishment of districts-dimensional re uirements—waterfront residential
The applicant proposes construction of a 2-bedroom dome. The home is to be 22 ft from the shoreline where a
50 ft setback is required and ft on each side where a 12 ft setback is required. The home is to be 29.45 ft in
height where a 2S ft height maximum is allowed. The site permeability is to be 65.5 % where 75°a is required
and the floor area is proposed to be 2,065 sq ft where 2,061 sq ft is the maximum allowed.
Criteria for considering an Area Variauce according to Chapter 267 of Town
In making a detenninatlou, the hoard 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. Nfinor 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 altzrnalives may be available to construct the
home in a compliant location.
. Whether the requested arca variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief is requested for shoreline setback of 28 ft, side setbacks 3 ft each side, height of
1.45 ft taller than allowed, permeability of9.5°o and floor area of 4 sq ft more than allowed.
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
envifonmental conditions in the neighborhood may be anticipated. The project includes stormwater
m nagernent for the site and a new waste water system.
. Whether the alleged difficulty was self created. The difficulty may be considered self-created.
Staff cowrt�entsi
The applicant proposes to construct a new home and associated site work on a vacant parcel. The plans show
the grading for most of the site with new retaining walls and terraced lawn areas to the proposed home. The
applicant has indicated the house location is dine to the neighboring homes and the site view of the lake from the
proposed home—moving the home to a compliant location may limit site views due to the locations of the
existing homes. The plans stow the location of the home, elevations,and floor plans.
The Planning Board noted during the recom endarion additional planting information will be reviewed during site plan
as fife applicant had indicated they would review trees to be removed and a planling plan and to provide the information
to the planning board or review.,,
Zoning Board of Appeals
Community Development Department Staff fixates
'0111111 Url I IV I)cW1011niQ11I ()1'l i co
13�L% I'03(1. QUCLtJ15bLlr% . N Y 1
Town of Queensbury Planning Board
RESOLUTION -Planning Burd Recommendation to Zoning Board of Appeals
Area Variance 8-2.018 SEAVEY FAMILY TRU ST
Tax Map ID: 259.11-1-271 Property Address: 3 Glen full Drive 1 Zoning: WR
The applicant has submitted an application for the following: Applicant proposes construction of a two-
bedroom 1,020 sq. ft. (footprint), 2,065 sq. ft, floor area home. Project includes site ixork, terraced retaining
walls with walkways to neer home. Pursuant to Chapter 179-6-050 & 179-6-060 of the Zoning Ordinance, hard
surfacing within 50 ft. of shoreline and construction within 50 ft. of 15% slopes shall be subject to Planning
Board review and approval, Variance: Relief is sought for setbacks, permeability, floor area and height.
Plaat.Ling Board shall provide a reconunendatian to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board
of Appeals & Planning Board approval;
The Planning Board has briefly reviewed and discussed this application, the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding community,
and found that;
OTION TO MAKE A RE COMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPE.US FOR AREA VARTANCF NO. 8-2018 SEAVEY FAMILY_ TRUST;
Introduced by Chris Hunsinger who moved its adoption, and
a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that
cannot be mitigated with current project proposal. That the Planning Board has requested that the
applicant take a look at retaining as many existing trees as possible and that we will be reviewing the
landscaping plan during Site Plan Review.
Motion seconded by Brad Magowan. Duly adopted this 13'day of February, 2018 by the following vote:
AYES: Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Ms, White, Mr. Shafer, Mr_ Traver
NOES: NONE
ABSENT: Mr, Deeb
Phone: 318,761,8220! fav 51 5.745,4437 1 742 Bay Ro-A, QkJQt:1li[lLIIN, NY I 2M 04 , WWWAl
et.. Zoining Board of Appeals— Record of resolution
Town of Queensbury 742 flay Road Queensbury,NY 12804 (518) 761-8238
Tuwrr 0FCJeeusJ3erry
Area Variance Resolution To: Approve 1 Disapprove
Applicant Name- Seavey Family Trust
File Number: Z-AV- -2018
Location: 3 Chen Hall Drive
Tax Map Number: 289.11-1-27 -
BA Meeting Yate: Wednesday, February 28, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Seavey Family
Trust. Applicant proposes construction of 2-bedroom home; 1,020 sq. ft. (footprint); 2,065 sq. ft. (floor area).
Project includes site work, terraced retaining walls with a walkway to the new home. belief requested from
minimum setback requirements,permeability, floor area, and height testtictions.
Relief Required:
The applicant requests relief from minimum setback requirements, permeability, floor area, and height
restrictions.
Section 179-3-{}40 establishment of districts-dimensional requirements—waterfront residential
The applicant proposes construction of a 2-bedroom home. The home is to be 22 ft. frorn the shoreline where a
50 ft. setback is required and 9 ft. on each side where a 12 ff setback is required. The home is to be 29.45 it. in
height where a 28 ft. height maximum is allowed. The site permeability is to be 65.5 % where 75% is required
and the floor area is proposed to be 2,065 sq. ft. where 2,061 sq. ft. is the maximum allowed.
SEAR Type II—no further review required;
A public hearing was advertised and held on Wednesday, February 28, 2.01 ;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PLIC TI IE DRAFT PRDVTDFD 13 Y 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 request OR are not possible.
3. The requested variance is Iis 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 1 is not self-created because
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) 1 would be out ei hied b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions.
a)
b)
c Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FIND OS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
ASI-8-201 eave-Y Family Trust, Introduced by , who moved fox its adoption, seconded b
Duly adopted this 29"' day of February 2018 by the following vote:
AWES:
NOES:
Town of Queensbury Zoning Board of Appeals
ornmun0y Development Department Staff Notes
Area Varbsnce No.: 13-2018
Project Applken nV Willlam & Bonnie Thomas
Project Location: 9 Genisto Lsne
Parcel History. P- P-17-2018; SP 16-2018
EQR Type- Type II
Meeting Date: February 28, 2018
Description of Proposed Projec#:
Applicant proposes to construct a new 3,035 sq. ft. driveway greater than a 10% slope and add additional hard
surfacing. Project includes a driveway connection to the adjoining lot 289.10-1-36, Relief requested for site
permeability. Planning Board: Site Plan review required for driveway greater than 10%.
Relief Required:
The applicant requests relief for site permeability.
Section 179-3-040 establishment of districts-dimensional requirements—y aterfront residential
The applicant proposes a new driveway configuiralion that includes additional hard surfacing and a permeability
of 65.9 % where a 750fl permeabi lity is required.
Criteria for considering an Area 'Variance according to Cbapter 267 of Town Law:
I making a determination, the board shall consider:
1. Whether an uodes irable 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 character nmy be anticipated,
. Whcth4cr the bencfit sought by the applicant can be achieved by some wethod, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be available to reduce the
size of the driveway or evaluate the surface type in favor of permeable paver.
. Whether the requested area varriaace is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested for permeability of 9.1%more than allowed.
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
environmental conditions in the neighborhood may be anticipated. The project includes stormwati�r
management for the driveway area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff commentsi
The appliew proposes to redo an existing driveway to include new grading and storm Ater management. The
project is associated with the adjoining property project of a new driveway and neve home. The applicant's new
driveway will serve as access for the adjoining property 289.10-1-36, The pians shove the driveway grading and
stormv4-ater details.
Zoning Board of Appeals
Community Development Department Staff Notes
QL 'C-0Ill M4titil�' I)k Vt4IOpnl.L«l t.11licc
742 B)Ii� Road )tie%ii;luiry. NY 12804
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals
Area Variance 13-2018 WILLIAM &. BONNIE TMA
'Fax Map ID: 2 8 9.10-1-3 5 & 289.10-1-3 6/Property Address: 9 Genista Lame /Zoning: WR
The app]ioant has submitted an application for the following: Applicant proposes to construct a now driveway
greater than. 100a slopes and to connect the driveway to the adjoining lot(289,10-1-36). Project will allow
access to parcel 289.10-1-3 6 through parcel 289.10-1-3 5. Driveway existing is 151160 sq. ft. and an
additional 875 sq. ft. to be added to total 3,035 sq. ft. Pursuant to Chapter 179- -050 & 179-6-060 a the Zoning
Ordinance construction of driveway on a slope of 10%.or more shall be subject to Planning Board review and
approval. Variance: Relief is sought for permeability. Planning Board shall provide a recommendation to the
Zoning Board of Appeals.
The Tm�m of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both. Zoning Board
of Appeals & Planning Board approval;
The Punning Board has briefly reviewed and discussed this application, the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding community,
and found that;
MOTION TO MADE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 1-3-2018 WILLIAM & DONE
THOMAS; Introduced by Chris Hunsinger who moved its adoption, and
a) The Planting Board, based on a limited review, has not identified any significant adverse impacts that
cannot be mitigated with current project proposal.
Motion seconded by Brad Magowan. Duly adopted this 1311 day of February, 2018 by the following vote:
AYES: Mr. Magmvan, Mr. Valentine, Ms. WhiW, Mr. Shafer, Mr. Hunsinger, Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb
I°hmw: �19.761.5220 1 I ax; 518.7-G-3.-14, 7 ` N2 R,iy R{}atii]VeL1-,bku-%--NY 1280-I WIVNV.LlLI rtisbnLF%'.t7et
Q—k- Zoning Board of Appeals record of resolution
Town of Queensbury 742 Bayf Road Queensbury, NY 12804 (518) 761-8238
'Towjj orczy«cusfwry
Area Variance resolution To: Approve 1 Disapprove
Applicant Name: William& Bonnie Thomas
File Number: Z-A -13-2018
Location: 9 Genista Lane
Tax Map Nornber: 289.10-1-35; 289.10-1-36
ZBA. M"ng Date: Wednesday, February 28, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application ffom William & Bonnie
Thomas. Applicant proposes to construct a new 3,035 sq, ft. driveway greater than a 10% slope and add
additional hard surfacing. Project includes a driveway connection to the adjoining lot 289.10-1.36. belief
requested for site permeability. Planning Board: Site Plan Review required for driveway greater than 10%.
Relief Required:
The applicant requests relief for site permeability.
Section 179-3-040 establishment of districts-dimensional requirements waterfront residential
The applicant proposes a new driveway configuration that includes additional hard surfacing and a permeability
of 65. %where a 75%permeability is required.
SEAR Type 1I –no f niher review regwred;
public hearing was advertised and held on Wednesday, February 28, 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 Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAM' PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible,
3. The requested variance is 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 allegeddifficulty is f is not self-created because
. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7, The Board also finds that tete variance request under consideration is the minimum necessary;
S. The Roared also proposes the following conditions:
a)
b)
c) Adherence to the iterns outlined in the follow-tip letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE I DEFY AREA VARIANCE
-A -13-241 , William & Bonnie Thomas, Introduced by , who moved fog` its adoption, seconded by
Duly adopted this 28`x' day of February, 2018 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Stoff Notes
Arca Variance No.: 12-2018
Project Applicant: Judkins Family Trust
Project Location: 15 Genista Lane
Parcel History: P-SP-16-2018; SP 17-2018; BP 99-273 rebuild dock
SEAR Type: Type ][I
Meeting Date: February 28,2018
Description of Proposed Project;
Applicant proposes demolition of the existing 1,100 sq. ft. seasonal dwelling and construction of a new 1,664
sq, ft_ year-round single-family dwelling. Relief requested from minimum setback requirements and road
frontage requirements for the WR zone. Planning Board. Site Plan Review required as the project requires
grading v6thiu 50 Feet of slopes greater than 15 percenL
Relief Reyui�-cd:
The applicant requests the relief from minimum setback requirements and road frontage requirements for the
WR zone.
Section 179-3-040 establishment of districts-dimensional requirements —waterfront residential
The applicant proposes to construct a new single family dwelling. The home is to be located 20 ft from the
shoreline where a 50 R setback is required, side yard on the east is to be 10 ft and side yard on the west is to be
7.8 ft where a 15 ft setback is required,
Section 179-4-050 Road frontage
The applicant proposes to access the new home from the adjoining parcel 289.10-1-35_ Parcel frontage is to
provide physical access to and from the tot to be built upon,
Criteria fGr considering an Area Variance according to Chapter267 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 wi11 be created by the granting of this area variance. Minor to no impacts to the
neighborhood character 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 altermatives may be available to construct the
borne in a compliant location.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief is for shoreline setback of 30 ft and side setbacks 5 ft on the east side and 7.2 ft
on the west side.
4. Whether the proposed variance will havc an adverse effect or impact 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. The pToject includes an updated driveway
access, stormvh-ater management for the site and a new waste water system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments•
The applicant proposes removal of an existing home to construct a new 830 sq. f3{footprint} of a 1,664 sq. R
floor area home. The plans show the grading to occur on both properties in relation to the driveway access and
the stormwater management. The applicant's house site plans shows the grading, a retaining wall, lines for the
septic and well connections. The applicant has indicated the new home is in a similar location as the existing
home.
The planning hoard reguesred additional intformahon an the patio design.
Zoning Board of Appeals
Community Development Department Staff Notes
1"s.sx I t31'0uC�'it�,hH1A
742 1 k Rt Ld tiweitsbUJ- _ N 1: 12 8 0-11
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals
Area Variance 12-2018 JUDKINS FAMILY TRUST
Tax Map ID. 259.10-1-36 & 289.10-1-35 / Property Address: 15 Oenista Lane I Zoning: W
The applicant has submitted an application for the following: Applicant proposes removal of a 550 sq. ft. (1100
sq, ft. Moor area) home to construct an 832. sq. ft. (1664 floor arca) home. Work includes hard surfacing within
5011. of sborelxrie and occurs within 50 ft, of 15% slopes. Project includes reworking driveway on applicant
parcel and adjoining parcel. Pursuant to Chapter 179-6-050 & 179-6-060 of the Zoning Ordinance, construction
within 50' of 15% slopes and hard surfacing within 50' of shoreline sbail be subject to Planning Board review
and approval. Variance: Relief is sought for setbacks and road frontage, Planning Board shall provide a
recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance, per Section 179-9-070 l 2 b. requires the Planning Board to
provide a %witten recommendation to the Zoning Boyd of Appeals for projects that require both Zoning Board
of Appeals & Planning Board approval;
-The Planning Board has briefly reviewed and discussed this application, the relief request ire the variance
application as well as the potential impacts of this project on the neighborhood and surrounding community,
and found that:
MOTION TO MAKE A REO MENTATION ON BEHALF OF THE PLANNING BOARD TO THE
TONING BOARD OF APPEALS FOR AREA VARIANCE NO. 14201 S TUDKINS FAMILY TRUST;
Introduced by Chris Hunsinger who moved its adoption, and
a) The Planning Board; based on a limited review, has not identified any significant adverse impacts that
cannot be mitigated with current project proposal. The applicant is to clarify the lakeifront patio on the
plan.
Lotion seconded by Brad Mago an. Duly adopted this 13`" day of February, 2018 by the following vote:
AYES: Mr. Magowan, Mr. Valentine, Ms. White, Mr. Shafer. Mr. Hunsinger, Mr. Traver
NOES: LEONE
ABSENT- Mr. Dceb
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Ila Zoning Board of Appeals— Record of Res Glu tion
Town of Quembury 742 Bay Road Queensbury, Iii Y 12804 (518) 761-8238
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Area Variance Resolution To: Approve l Disapprove
Applicant Nam c: Judkins Family Ti-ust
File Number: -A -12.-2018
Location: 15 Genista Lane
Tax flap Number. 259.10-1-36; 289.10-1-35
BA Meeting bate: Wednesday, February 28. 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Judkins Family
Frust. Applicant proposes demolition of the existing 1,100 sq. ft. seasonal dwelling and construction of a neve
1,664 sq. ft. year-round single-family dwelling. ReIief requested from minimum setback requirements and road
frontage requirements for the WR zone. Planning Board: Site Plan Review required as the project requires
grading within 50 feet of slopes greater than 15 percent.
Relief Required:
The applicant requests the relief from minimum setback requirements and road frontage requirements for the
WR zone.
Sed ion 179-3-040 establishment of districts-dimensional requirements—waterfront residential
The applicant proposes to construct a new single family dwelling. The home is to be located 20 ft from the
shoireline where a 50 ft setback is required, side yard on the east is to be 10 ft and side yard on the west is to be
7.8 ft where a 15 ft setback is required,
Section 179-4-050 Road frontage
The applicant proposes to access the new home from the adjoining pareel 289.10-1-35. Parcel frontage is to
provide physical access to and from the lot to be built upon.
SEQR Type 1I —no further review required;
A public hearing was advertised and held on Wednesday, February 2.8, 2018;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-08O(A) of the Queensbury Town Code and Chapter 267
of NY S Town Law and aper discussion and deliberation, we find as follows;
PER THE DRAFT PROVIDED BY STAFF
1, There is 1 is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties becau$e
. 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 not substantial because
4. There is ? is not an adverse impact on the physical or environtnental 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 from granting the requested variance would
outweigh (pproval) 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 minitnum necessary;
S. The Burd also proposes the following conditions:
a)
b)
c Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE 1 DENY AREA VARIANCE
-+A -1 2-201 9, Judkins Family Trust, Introduced b , who moved for its adoption, seconded by
Duly adopted this 28'4 day of February, 20 18 by the following vote:
AYES:
NOES: