Staff Notes Packet ZBA Mtg Wed May 23 2018 Wednesday, May 23 , 2018
Queensbury Zoning Board of Appeals Agenda
Meeting: Wednesday, Moy 23, 2018 Tim a, 7,00- 11,00 pm
0 ueens bury Acfivfties C enier-742 Bay Road
Agenda subjeci to change and may be found Ot: ww ,queensipury.nei
NEW BUSINESS:
A limns Stonnvoad Dcv_of ME ANY, 1Tw_ Area Variance No Z AV-30-20I8
Owner(s) Stone%vo&d Dav_of ME NY, Inc_ SE RA Type 11
Agent(s) VanDusen&Steves Lot Size L%acres;0.26 acres
Location 0 Cleverdale Road& 154 Cieverdale load Zoning WR
Ward N& Ward l
Tax Id No 227.17-2-23.227.17-2-30 Serboo 179-3-040
Cross Ref n!a Warren Cann ptannin iwi 2018
Public Hearing May 23 2018 Adirondack Park Apne ALD
Project Description Applicant proposes a lot line adjustment between two existing lots;one is 1.85 acres,second lot is 0.26 aeras;an
adjustment will create two lots of equal size, l_1 acres each, Relief re nested from minimum lot size restrictions in the WR zonin4 districl.
Applicant(s) Erin Rosecrans Area Variance No Z-AV-31-2018
Owners .fill Pederson ata IIIA Type Il
Agent(s) Iva Lot$in 0.31 acres
Luca#ion 301 Glen Lake load Zoning WR
'Yard No. Ward 1
Tax Id No 289.9-1-33 Section 174-5-020
Cross Ref nla Warren County Phtuning iVa
Public Hearing Ktay 23,2018 1 Ad irandaack Park A enc rda
Project Description Applicant proposes installation of a swimming pool in the front yard of s lot with two fronts. Relief requested from
restrictions for placement of a pool in a front yard.
Applicant(s) Dean Howland Urea Variance No Z-AV-33-2018
Owner(s) Luke&.lane Sears SE RA Type 11
Agent(s) n1a Lot Size 0.97 acres
Location 17 Heron Hollow Road Zoning VUR
Ward two. Ward 1
Tax Id No 227.17-14,1 Section 179-3-040
Cross Ref AST 159-2018 W2rren County Planning hl 2018
Publ€e Hearing May 23 2018 Adirondack Park Agency ALD
Project Description Applicant proper construction of a 768 sq. ft_2-door,22 tit in height garage with 195 sq_ ft of storage area above. Relief
requested from maximum allowable height restrictions for such structure in the WR Zoning district,
A licant s Diana&Matthew Suders Area Variance No Z-AV-19-2018
Owners Di2m&Matthew Saders $E RA Type 11
Agent(s) Bartlett PonlifF Stewart&.Rhodes, P.C- loot Siu 4.77 Ac s
Location 42 Eagan Road Zoning MI7[t
Ward No. Ward 4
Tax Id No 309.17-1-9 Section 179-3-040
Gass Ref tva Warren County Planoin n/a
Public Hearing March 28,2018;May 16,2018;May 23,2018 Adirondack Park Agency nfa
Project Description Applicant proposes(rev Lxd)construction of a 792 sq,fl.second story addition above the garage and 352 sq. ft.third bay
on the existing gauge. The existing horns is 2,000 sq_ft_wish an attached garage. Relief requested for a duplex suucturc on a lot that doe: not
meet the lot size requirernents in the MDR zoning district,
Any f other business that the Chaff rwarl determines may be properly brought before the Zoning Board of Appeals
Revim d: May 4,2018 Added Z AV-i9-2018 Sudors to Agenda
U&m Hemingw4yi2019 Year ZBA1ZOA May 20181MA Final Agcnda Wcd_,May 23.2019 5.01.2018.daex
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 30-2418
Project Applicant: Stonewood Dev. of NE NY, Inc.
Project Location: 0 Cleve rdale Road & 154 Cleverdale Road
Parcel History: nla
SEAR Type: Type 11
Meeting Date: May 23,2018
Description of Proposed Projcc#:
Applicant proposes a lot line adjustment between two existing lots; one is 1.85 acres, second lot is 0.26 acres;
an adjustment will create two lots of equal size: 1.1 acres each. Relief requested from minimum lot size
restrictions in the WR zoning district.
Relief Required.-
The applicant requests relief from minimum lot size restrictions in the WR zoning district.
Section 179-3-440—Dimensional.Re uitements
The applicant proposes a lot line adjustment between two parcels so each parcel is l.1 ac where a 2 ac lot is required.
Criteria for considering an Area Variance according to Chapter 267 of'>l'own Lsw:
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 roearby properties will be created by the granting of this arca variance. Minor to no impacts to the
neighborhood maybe anticipated_
2. W tether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. l easible alternatives may be considered to combine the
parcels for a conforming lot of 2 T acres,
. Whether the req uested area variancc is substantial. The relief requested may be considered substantial
relevant to the code. Relief requested for each parcel of 0.90 aures.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental tonditions in the neighborhood or district. Minor impacts to the physical or
enviwnrnental conditions in the neighborhood may be anticipated.
S. Wbether the alleged difficulty was self-created. The difficulty may be considered self-created
staff cornnrtents:
The applicant proposes a lot line adjustment of two parcels to create two parcels less than 2 acres. The plans
show the two new lots with setbacks for house location to ht onto the lot.
Warren County Planning Department May18-21
Project Revievv and Referral Form
Reviewed by Department on May 4, 2018
Project Name: Stonewood developrnent of NE NY, Inn
Owner: Stonewood development of NE NY, Inc
111)Number: QBY-I8-AV-30
County Project#: May18-21
Current Zoning: VVH
Community: Queensbury
Project Description:
Applicant proses a lot line adjustment between two exl sting lots; one is 1.85 acres, second lot is .26 acres; en� jostment
will create two lots of equal size; 1,f acres eech.
Site Locabon:
0 Cleverdale Rd & 154 Cleverdals Rd
Tax Map Number(s)-
227.17-2-30
Staff Notes:
The Warren County PI&nning Department finds that the project will not create any significant inter-municipal or county-
wide impacts to the items ideatified in GML§239.
Local actions to date (if any):
County Planking Department:
NCI
Local Action./Final Disposition:
51412018
Warren County Planning Department Date Signed Local Official Date Signed
Owner:
ID Number:
County li'rajcct#:
Current Zoning:
Community:
PLEASE PJ TURN TMS MRM TO THE WARREN COUNTY MANNING DWARYWNT wrrAiN lU DAYS OF nNAL ACTION
'.Project Name: Ston8wood development of NE NY, Ina
}Project Description:
Applicant proses a lot line add uslment between two existing lots; one is 1.85 acres, second lot is .26 ages; an adjustment
will create two lots of equal size; 1.1 acres each.
Site Location:
0 Cleverdale Fid & 154 Cleverdale Ret
Tax Map Number(s):
227-17-2-28
Staff No"-
The Warfan County Planning Department finds that the project will riot create any significant inter-municipal of county-
wide Impacts to the items identified in G ML §239.
Local actions to date (if any):
County Planning Department:
NCI
Local ActiondFinal DiNpositian:
51412018
Waimea County Planning Department Bate Signed Local Official Date signed
PLEASE(RETURN THIS FORM TO THE WARREN COUN-fY PLANNING DEPARTMENT WITHIN 14)DAYS OF FINAL ACTION'
Zoning Board ofApp eals —Record of Res a]ution
Town of Queensbury 742 Bay Road Queensbury, NY 12W (518) 761-8238
Fani•,� c�F(�uc�eirsla��rr
Area Variance Resolution To: Approve 1 Disapprove '
AppIicant Name: Stonewood Dev. of NE NY, JnC.
)File Number: Z-A -30-2.018
Location: 0 Cleverdale Road Lac 154 Cleverdale Road
Tax Map Number: 227.17-2-28; 227.17-2-30
BA Meeting Date: Wednesday, May 23, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Stonewood Dev. of
NL NY, Inc. Applicant proposes a lot line adjustment b(-,Meen two existing lots; one is 1.S5 acres, second lot is
0.26 acres; an adjustment will create two lots of equal size: 1.1 acres each. Relief from minimum lot
size restrictions in the WR zoning district.
belief'Required;
The applicant requests relied'from minimum lot size restrictions in the WR zoning district.
Section 179-3-040 —Dimensional Requirements
The applicant proposes a lot Iine adjustment between two parcels so each parcel is l.1 ac where a 2. ac lot is required,
SE R'T'ype II —no further review required;
A public hearing was advertised and held on Wednesday, May 2.3, 2018;
Upon revitw of the application materials, information supplied during the public bearing, and upon
consideration of the criteria specified in Section 179-14-0 0( ) of the Queensbury Town Code and Chapter 267
of NY Town Lave and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is 1 is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
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 not substantial bccansc
4. There is !is is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
. The alleged difficulty is 1 is not self-created because
. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approvals 1 would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board aiso finds that the variance request under consideration is the minimum necessary;
S. The Board also proposes the following conditions:
a)
b ,
c) Adherence to the iteins outlined in the Follow-up letter sent with this resolution,
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE 1 QF Y AREA VARIANCE
- -30-2018, Stonewood Dev. of NE NY, Inc. Introduccd by , who moved for its adoption, secon&d
by
Duly adopted this 2P day of May 2018 by the following vote:
AYES;
NOES:
Town of Queensbury Zoning Boord of Appeals
Community Development Department Staff dotes
Area Variauce No.: 31-2018
Project Applicant: Erin Rosecrans
Project LO-Cation. 301 Glen Dake Road
Parcel History: 1318.
SEAR Type: Type 11
Meeting Date: May 23,2018
Description of Proposed Project:
Applicant proposes installation of a swimming pool in the front yard of a lot with two fronts. belief requested
from restrictions for placement of a pool in a front yard.
l�clief 1�.equired:
The applicant requests relief from restrictions for placement of a pool in a front}yard.
Section 179-5-020 Pool
The applicant proposes to place a pool in a front yard along Sullivan Lane as the parcel has two fronts -Glen
Lake load and Sullivan Lane
Criteria for considering an Arca 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 ebaracter 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
neighborbood 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
because of the lot configuration having two fronts one on Sullivan and the main on Glens Lake Rd.
. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The relief is for location of the pool to be in the front yard where the rear yard is
required.
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.
. Whether the alleged difficulty was self-created. The difficulty may be considered selkreated.
Staff comments
The applicant proposes to instal l a 12 ft X 23 ft pool on the north side of the properly. The applicant's home
main front is on Glen Lake Road and the lot shape in an "L"has frontage on Sullivan Lane where the pool is to
be placed. The applicant has indicated the pool is to be screened with fencing and plantings. The location of
the pool is because of the location of the septic and leach field areas.
JMN
WWZoning Board of Appeals—Record of Resolution
Town of Q ueensbury 742 Bay Road Queensbury, NY 12804 (518) 761-9238
Rnvu aQLuern.abmry
Area Variance Resolution To: Approve 1 Disapprove
Applicant Name: Eric Rosecrans
File Number: -A -31-2018
Location: 301 Glen Lake Load
Tax Map Dumber: 289.9-1-33
BA Meeting Date: Wednesday, May 23, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Eric Rosecrans.
Applicant proposes installation of a swimming pool in the front yard of lot with two fronts. Relief requested
from restrictions for placement of a pool in a front yard.
Relief required;
The applicant requests relief froth restrictions for placement of pool in a front yard.
Section 175-5-020 —fool
The applicant proposes to place a pool in a front yard along Sullivan Lane as the pwcel has two fronts -Glen
Lake Road and Sullivan Lane
SEAR Type I1—no further review required;
A public hearing was advertised and held on Wednesday, May 23, 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) of1he Queensbury Town Code and Chapter 267
of IS Town Lav and after discussion and deliberation,we find as follows:
PER THE 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 heen
included to rninimize the request OR are not possiblc.
3. The requested variance is 1 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
5. The alleged difficulty is 1_is not self-created because
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (aunroval) / 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;
S. The Board also proposes the following conditions:
a)
bi
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA.VARIANCE
RAV-31-201 S, Erin Rosecrans, Introduced by , who moved for its adoption, seconded by
Duly adopted this 23d day of May 2018 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appctls
Community Development Department Staff Notes
Area Variance Iglu.: 33-2018
Project Applicant: Dean Hovland
Project Location: 17 Heron lEioltow Road
Parcel History: AST 159-2018
SEQR Type: Type 11
meeting Date: May 23,2018
Description of Proposed project:
Applicant proposes construction of a 768 sq. fl, 2-door, 22 ft. in height garage with 195 sq. ft. of storage, area
above. Relief requested from maximum allowable height restrictions for such structure in the VM zoning
district.
Relief Required•
The applicant requests relief from maximum allowable height restrictions for such structure in the WR zoning
district.
Section 179-3-040-Dimensional requirements! 179-5-020 Accessory structures —garage
The applicant propsoes a garage to be 22 ft in height in the WR zone that allows a maximum height of accessory
structures of 16 ft.
Criteria for considering an Area Variance Recording to Chapter 267 of Tvwn Law;
In rnalcing a determination, the board shall consider:
I. Whether an undcsirable change vwill be pro€luced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. The project may be
considered to have little to no impact on the neighboring properties .
. Whether the benefit sought by the applicant can be aebieved by sauce method, feasible for the
applicant to pursue, other than an arca variance. The feasible alternatives may be considered to have a
one story structure.
. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. Vw'here relief requested is 6 ft 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 as proposed may be considered
to Have minimal to no impact on the environmental conditions of the site or arca,
5. Whether the alleged difficulty was self erected. The project as proposed may be considered self created_
staff comments:
The applicant proposes to construct a ncw garage at 768 sq ft with two doors. The new garage is to have an
upstairs storage area of 195 sq ft. The plans shove' the location of the building is to be located across the street
from the main home,
Warren County planning Department May18=22
Project Review and Referral Form
Reviewed by Department on May d, 2018
Project Name; HcWand, Dean
Owner: Sears, Luke &Jane
1D Number: QBY-18-AV-83
County project#: May-18-22
Current Zoning: INR
Community: Queensbury
Project DeKflption:
Applicant proposes construction of a 768 sf 2-door, 22 ft in height usage with 195 sf of storage area above_
Site Location:
17 Heron Hallow Rd
'Fax Map Number(s):
227.17-1-4.1
Staff dotes:
The Warren County Planning Department finds that the project will not create any significant inter-municipal or county-
wide impacts to the items identified in GML§239.
Local actions to date(if any):
County Planning Department:
N l
Local ActionjFina1 Disposition:
614=18
��
Warren County Plamning Department Date Signed Local ficial Date Signed
PLEASE RETT]RN TMS FORM TO THE WARREN COUNTY PLANNING DEPARTMdEM►YTPIHN 10 DAYS OF FINAL ACTIO]
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, ICY 12804 (518) 761-8238
Town d(LEWCrisbirry
Area Variance Roolution To: Approve! Disapprove
Applicant Name- Dean Howland
File Number; Z-AV-33-2018
Location: 17 Heron Hollow Road
Tax Map Dumber: 227.17-1-4.1
BA Meeting Date: Wednesday, May 2.3, 2018
The Zoning Board of appeals of the Town of Queensbury has received an application from Dean Howland.
Applicant proposes construction of 768 sq. ft. 2-door, 22 ft. in height garage with 195 sq. ft. of storage area
above. Relief requested from maximm allowable height restrictions for such structure in the WR zoning
district.
Relief Required:
The applicant requests relief from rnaximurn allowable height restrictions for such structure in the SVR zoning
district.
Section 179-3-040-Dimensional requirements/ 179-5-020 Accessory structures—age
The applicant propsoes a garage to be 22 ft in height in the VIER zone that allows a maximum height of
accessory structures of 16 ft.
EQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, May 23, 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 T1IE DRAFT PROVIDED BY STAFF
I. Where 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?
S. The alleged difficulty is! is not self-created because
_ TR addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh aura al I would be out ei h_ed by (denial l 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) Adherence to the items outlined in the follow-up letter sent with this resolution.
LASED ON THE ABOVE FINDINGS, I MADE A MOTION TO APPRQ F. I DENY ARF..A V PARIANCE
Z.-AV-332018, Dean Howland, Introduced by , who moved for its adaption, secondee] by
Duly adapted this 2 3'd day of May 2018 by the following vote:
AYES:
DOES: