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Staff Notes Packet ZBA Mtg. Wed., June 27, 2018 Wednesday, June 27, 2018 Queensbury Zoning Board of Appeals Agenda Meeting; Wednesday, June 27, 2018 Time. 7- 11-00 pm Queembury Activities Center- 742 Bay Road Agenda subject to change and may be found at: ww .queensbury.net OLD BUSINESS- A ricant s Diana&Matthew Surfers Area Variance No Z-AV-19-2018 Owners Diana&.Matthew auders SE RA Type H A ent s Bartlett,Pontiff, Stewart&Rhodes.P.C. Lot Size 0.77 Ac s Location 42 Eagan Road Zoning MDR Ward No. Word 4 Tax Id Na P 3109.17-1- 1 Section 179-3-040 Gross Ref n/a Warren County Planning nla Public Hearing March 28,2018;May 16,2018,May 23,201 8; Ad irondaekParkAgeney Rig June 27,2018 Protect Description Applicant proposes(revised)construction of a 792 sq,ft.second story addition abovr the garage and 352 sq. ft_third bay on the ex fisting garage. The addition is to have a kitchen. The cxisttng home is 2,000 N-tti with an attached garage. Relief fegwsted for duplex structure on a lot that does not meet the lot size requirements in the MDR zoning district. A licaut s Faden Enterprises Area Variance No Z-AV-35-2018 Owner(s) Everest Ent rises LLC SEQRA Type I] Agent(s) Lansing EnSinccrin&PC Lot Size 1.72 acres Lucation 900 Slate Route 9 Zoning CM Ward No. Ward 1 Tom Id No 296.17-1-47 Seedun 179-3-M Cross Ref P-SP-37-2018 Warren County Plannin May 2016 Public Hearing May 16,201$;June 20.20 1.8 Tabled to June 27, Adiroodnck Park A eocy n!a 2018 Project Description Applicant proposes nm parking impmveracnis and an intcreonricet within a neighboring property to the south. Additional hard surfacing cx=ds site permeability_ Relief sought for permeability less than 30 percent. Planning Board. Site Plea Rmiew for new site development. NEW BUSINUS: A lican S Adam& Sara Pearsall Area Variance No Z-AV-36-2018 Owne s Adam.& Sara Pearsall S E RA Type 11 A ens n/a Lot Sine I acres Location 9 Riverside Drive Zoning WR Ward No, {Subdivision Gkens Fa]Is National Bank) Ward 4 Tax id No 309.14-1-44_2 Section 179-5-020 Cross Ref n/a Warren CustZ Planning rda Public H taring June 27,2018 Adirondack Park A ens n}a Project Description Applicant proposes construction of a 312 sq.f. shed and to remove an existing 160 sq. tt.shed. Rcl ief requested from minhylumse#back requirern eats forthe WRzonin district, Page I of 3 Queensbury Zoning Board of Appeals Agenda Meeting: Wednesday, June 27, 2018 Time: 7;00- 11.00 pm Queensbury Activities Center-742 Bay Read Agenda subject to change and may be found at; www.queensbtrry.net A 1[can s David Nuzzi Associates, LLC: Si gn Variance No Z-SV-6-2013 Owners Lake George Nortinva , LLC SE R_&Type Unlisted Agent(s) Jonathan C. Lapper.Esq.Bartlett,Pontiff. Lot Size 5,99 Acres Stewart&Rhodes PC Location 1424 SWc Route 9,Spacc 13 TouEng Cl Ward No. The Outlets at Lake George East Ward I Tax Id NO 288.16-1-1 Section Chapter 140 Cron Rtf [GN215--2D18 Witrren Coanty Plan nin June 2018 Public Hearing June 27.2018 Adirandaclk Park AgencX nJa Project Deuripdon The applicant pr"scs plave nenl of a sccond wall sign far a tenant(Michacl[{ors)who wil I be leasing a store(Space 13) on the comer of the Oullcts at Lake George East- The applicant has received a Sign Permit for a 43-3�sq-ft-wail Sign located on the south elevation- The second wall sign(22 sq,fL)is proposed to be located on the west elevation of the building. Rei ief requested from number of allowable wall si&U for a Eenanl in a Business Plaza. A iieant s James&Donna Barber Area Variance No Z-AV-3 -201 Owners IameR&I]otina Barber Sig RAT a [I Agent(s) Elizabeth Little,AMYmey loot Sipe 0.89 acres Location 496 and 480 Luzeme Road Zoning MDR Ward No. Ward 3 Tax [d Na 308.10-2 larbtr Section 179-3-040 Cross Ref n!a Warren County Plap"i"R I n1a Public Hearing Junt 27 2018 Adirondack Park Agency n1a Project Description Applicant proposes a boundary lot line adjustment with the eastern neighboring parcel(Murray's parcel)- Both parcels are 0-88 acres- The Murray's parcel; M&14-2-3 would be increased to 0.93 acres and the Barbers parcel 303.f 0-2-4 would be decreased to 0.83 acres. Relief requested from the dirnensional Ouinmenis for the MDR zoning district for lot 4 Berber's I , _Ap Russell Hilliard Area Variance No Z-AV-40-2019 Owner(s) Russell Hilliard SEQRAT a 11 Agent(m) n/a Lot Sizt 1 afire Location 79 Ash Drive Zoning Wit Ward No. Ward 1 Tax Id No 28R.17-1-3 Sectiian 179-5-M Cross Ref n!a Warren CoLudy PlnnniLig June 2018 Public Hearing i June 27,2018 1 Adlrpodack Park Agency n}a Project Description Applicant proposes construction of a 576 sq.&detached gauge with storage area above(240 seq. ft-);proposed height to be 18& Rciicf rc uestcd from maxi mum height mtricdons and for a second garalp where only one is al lowable in the►Nit zon ing district. A Bran s Christo fur Dwycr Area Variance No Z•AV-42-2018 Owners Christopher Dwycr SE RA Type [[ ,4 eats Stefanie DiLallo Bitter,Esq.BP SR Lot Size [.37 acres [.oration 1232 Wcst Mountain Road Zoning MDR Ward No. Ward 1 Tax Id No 2$8-1-65 Section 179-3-040 Cross Ref I n1a Warren County Planning Jkwe 2018 Public Hearing I June 27,2018 Adirondack Park Age n nla Project Desrrip690 Applicant proposes to maintain two single-family dwellings on a 1.37 acre parcel; I,632 sq. It.(footprint)and 1,140 sq.ft. {footprint), Re]ief'requestcd from minimum lot size restrictions for cash dwelling unit located in the MDR zoning district;minimum requirement is 2-acres perdwel ling unit- Also,relief requested ftorn restriction that allow5on1 one dwelling unit per lot irl the MDR zove- Page 2 of Queensbury Zonings Board of Appeals Agenda Meeting: Wednescloy, June 27, 2018 Time: 7:00- 11:00 pm Queensbury AcNifes Calmer- 742 Bay Road Agenda subject to change and maybe found cif: www.queensbk)ry.net Applicant(s) Britt Lynn Patch Area Variance 1a Z-AV-44-2018 Owner(s) Britt Lynn Patch SE RA Type I l Agent(s) n1a Lot Sic 0.21 LeTes LOC8ti6n 9 Greenway North Zoning MDR Ward No. Ward 2 Tax Id No 302.5-1-75 1 Section 179-5-020; 179-5r070 Cross Fier POOL 304-2018;PZ 30-20151 AV 52-2015 Warren County PlAnning June 2019 Publiciiearin J ne27 2019 A,dironduk Park A enc n!a Project Description Applicant proposes conFMIclicm of a swimming pool. Project includes installation of a 246 ft_+1-privacy fence 6 R. in height around property. Rcl ief requested From minimum rear yard setback requirements for swimming pools and relief requested far type and height of fence. Any further business that the Chairman determines rm9y be properly brought hefore the Zoning Board of Appeals_ L_3Suc Hcmingway120t8 Year ZBAIZBA June 201MFinal Version ZBA Agenda Wcd June 27 2018.doex Revised Version_ June 12,2018(Added Z-AV-44--2019 face) Revised Version, hue 21,2019(Added Z-AV-35-20t 9 Pant Ent.) Page 3 ol-3 Town of Queensbury Zoning Board of Appeals Community Development Deportment Staff dotes Area Variance No.: 19-2018 Project Applicant- Diana & Matthew Suders Project Location: 42 Eagan Road Parcel History: MIR SEAR Type: Type II Meeting Date: June 27,2018 Description of Proposed Project: Applicant proposes (revised) construction of a 792 sq. ft. second story addition above the garage and 352 sq, ft, third bay on the existing garage. The addition is to have a kitchen, The existing home is 2,000 sq. ft. with an attached garage. Relief requested for a duplex structure on a lot that does not meet the lot size requirements in the MDR zoning district. Relief Required: The applicant requests relief from a density requirement for a duplex in the MDR zone. Section 174-3-040 establishment of districts-dimensional re uirernents—moderate density residential zone The applicant proposes to construct an addition to an existing home converting the home to a two family where 4 ac is required per dwelling and existing is 037 ae. Criteria far considering an Area Variance according to Chapter 267 of Town Law: 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 impacts to the neighborhood character may be anticipated from a single family dwelling neighborhood by adding a two family unit. . 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 remove the second kitchen and separate access from the porch area. . Whether the requested area variance is substantial. The relief requested may be considered substantia] relevant to the code. Relief requested is 3. 3 acres. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff carnments: The applicant has revised the plans to with a second store addition and an additional garage bay. The applicant has indicated there is to be access from the addition to the inside of the home. The applicant proposes to have a second kitchen as shown on the plan. The applicant has provided a letter indicating neighbors accept the revised plans. The plans show the revised addition location and new garage bay. Zoning Board of Appeals— Record of Resolution Town of Queensbuiry 742 Bay Road ueensbury,NY 1 804 (518) 7 1-8 39 T(MVII of Area Variance Resolution To: Approve 1 Disapprove Applicant Dame; Diana& Matthew• Suders File Number. Z-A -1 - 018 Vocation: 42 Eagan load Tax Map Dumber: 309.17-1-9 BA Meeting Date: Wednesday, June 27, 2018 The Zoning Board of Appeals of the 'Down of Queensbury has received an application from Diana & Matthew Surfers. Applicant proposes (revised) construction of a 792 sq. ft. second story addition above the garage and 3 52 sq, ft. third bay on the existing garage. The addition is to have a Ditcher,. The existing home is 2,040 sq. I with an attached garage. Relief requested for a duplex structure on a lot that does not meet the lot size requirements in the MDR zoning district. Relief Required. The applicant requests relief from a density requirement for a duplex in the MDR zone. Section 179-3-040 establishment of districts-dimensional re uirernents—moderate density residential zone The applicant proposes to construct an addition to an existing home converting the home to a two family where 4 ac is required per dwelling and existing is 0.77 ac. SEAR Type II —no further review required; ,A. public hearing was advertised and held on Wednesday, March 28, 2 018; and Wednesday, June 2 7, 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 0(A) of the Queensbury Town Code and Chapter 267 of N YS Town Law and after discussion and deliberation, we find as follows: PER THE D AFT 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 nave been considered by the Board, are reasonable and have been h3cluded to minimize the request OR are not possible. 3. The requested variance is 1 is not substantial because 4. There is l is not an adverse impact on the physical or environmental conditions in the neighborhood or disirrict? 5. The alleged difficulty is I is not self-created because . In addition the Board finds that the benefit to the applicant from granting the mquested variance would outweigh fapproval) I 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 minim UM necessary; . The Board also proposes the following conditions: a b) , c) Adberence to the items outlined in the follow-up letter sent with this resolution. BAS ED ON THE. ABOVE FEN DI-N l MAKE A MOTION TO APPROVE I DENY AREA VARIANCE Z.-A -19-201 S. Diana & Matthew Sudcrs, Introduced by , who moved for its adoption, seconded by Duly adopted this 27t" day of June, 2018 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Departmeni Staff Noie5 Area Variance o.: 36-2018 Project applicant: Adam & Sara Pearsall Project Location: 9 riverside DFive Parcel History: PZO107-2016 Rtsidentixl Addition SEAR Type: Type II Meeting Date: June 27, 2018 Description of Proposed Project: Applicant proposes construction of a 312 sq. ft. shed and to n-,move an existing 160 sq ft. shed. belief requested from minimum setback requirements for the %VR zoning district. Relief Required: The applicant requests relief from minimum setback requirements for the WR zoning district. ection 179-3-040 establishment of districts-dimensiopal requirements WR zone The applicant proposes the shed to be placed 20 ft to the front property line where a 30 ft setback is required. Criteria for considering an Area Variance acco rdipj to Chapter 267 of Town Law- tn 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 he created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipaled, 2. Whether the benefit sought by the applicant can he achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered but would require additional vegetation removal. . Whi-ther the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The reliefrequested is 10 ft to the front property line. 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 self-created. tiff comments: The applicant to remove an existing shed and to place a 312 sq ft shed on the property in the front yard. The applicant has indicated the shed is in a simiIar location and will allow for additional solar units on the building. The applicant has indicated some vegetation removal will occur. The plans sho%v the Iocation of the shed and type of building to be constructed. e N — Zoning Board of Appeals —Record of Resolution Town ofQueensbury 742 Bay Road Queensbury, NY 12904 (518) 761-823 Tim% of{Lucvir5b ry Area Varisiice Resolution To: Approve / Disapprove Applicant Name- Adam & Sara Pearsall File Number: Z-AV-36-2018 Location: 9 Riverside Drive Tax Map Number. 309.14-1 1.2 BA Meeting Date: Wednesday, June 27, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application for Adam & Sara Pearsall. Applicant proposes construction of 312 sq. ft. shed and to remove an existing 160 sq. ft. shed. Relief requested from minimum setback requirements for the WR zoning district. Re I ief Required: The applicant requests relief from minimum setback requirements for the WR zoning district. Section 179-3-040 establishment of districts-dimensional requirements W zone The applicant proposes the shed to be placed 20 ft to the front property line where a 30 ft setback is required. SE R Type II —no further review required; A public hearing was advertised and held on Wednesday, June 27, 2019, 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 DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the cbaracter 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 R arenot possible. 3. The requested variance is 1 is not substantial because 4. There is / is not are adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because . Ire addition the Board finds that the benefit to the applicant from granting the requested variance woWd outweigh (Mproval) / 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 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 FINDINGS. I MAKE A MOTION TO APPROVE 1 DENY AREA VARIANCE Z-A -3f-2,018 Adam & Sara Pearsall, Introduced bwho moved for its adoption, seconded by Duly adopted this 7ih day of June 2018 by the following vote: AYES: NOES: Town of Quoensbury+ 2oning Board of Appeals Community Development Department Staff fates Sign Variance No.: 6-2018 Project Applicant: David Nuzzi Associates,LLC Project Location: 1424 State Route 9,Space 13 Parcel History: SIGN 215-2018 SEAR Type: Unlisted Meeting Date: June 27,201 Description of Proposed Project: The applicant proposes placement of a second wall sign for a tenant (Michael Kors) who will be leasing a store (Space 1 3) on the corner of the Outlets at Lake George East. The applicant has received a Sign Permit for a 43.33 sq. 1ft. wall sign located on the south elevation. The second wall sign(22 sq. ff.) is proposed to be located on the west elevation of the building. Relief requested from number of allowable wall signs for a tenant in.a Business Plaza. Relief Required: The applicant requests relief from the number of allowable wall signs for a tenant in a Business Plaza. Section 140 Si —number of wall signs in a business complex 1per tenant The applicant proposes two walls signs for Miehael T ors where one sign is permitted on the south elevation a second sign on the west elevation is proposed. Criteria for considering a Sign "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 sigrr variance. Minor impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be nichieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered limited as the lease building unit is a corner unit in the plaza. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. The relief requested is a second wall sign. 4. Whether the proposed varianm will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The proposed project may have minimal impact on the physical and environmental conditions of the area. S. Whether the alleged difficulty was self-created. The difficulty may be.considered self-created. Staff comments: The applicant proposes a second wall sign on the west corner lease unit at 22 sq ft for Michael t ors store. The plans show the location of the permitted sign and the proposed sign. In addition,the plans show the existing lighting to remain. The signs are to be consistent with the signing in the plaza for other tenants. J un18-11 Warren County Planning Department Project Review and Referral Form Reviewed by Department on June 14, 2018 Project Name: David Nuzzi Associates, LLC Owner: Lake George Northway, LL ID Number: OBY-18- V-6 County Project4l: Jun18-11 Current Zoning: Cl Community: Oueensbury Project Description: Applicant proposes placement of a second wall sign for tenant (Michael Kors)who wil be leasing a store(space 13) on the corner of the Outlets at Lake George East_ Applicant has received a sign permit for a 43,33 st wall sign located on the south elevation.The second wall sign(22 sf) is proposed to be located on the west elevation of the building. Site Location: 7 1424 Mate Rt 9, Spaca 13 Tax Map Number(s): 288,16-1-1 Staff(Votes: The Warren CountyPianning Department rinds that the project will not create any significarWtintar-munidpsi or county-wide impacts to the items irlentiFed in G M L§239, Local actions to date(if any): County Planning Department: NCI Local ActiondFinal Disposition- All fiJ1412018 Warren County Planning Department Date Signed Local Official Date Signed PLEASE RETURN TAM FORM TO THE WARREW COUNTY PLANNING DEPARTMLrNT WITHIN 10 DAYS OF FINAL ACTION Zouittg Board of Appeals--Record of Resolution Town of 4Geensbury 742 Bay Road Queensbury,NY 12804 (518) 7G1- 2.38 ravrPk ref(LKrjjst)ury Sign Varinnce Resolution To: Approve 1 Disapprove Applicant Dame: David Nuzzi Associates, LLC for Michael Kors FileNurnbv,r- -SV- -2018 Location: 144 State route 9, Space 13 Tax Map cumber: 288.1 -I-1 BA Meeting Date: Wednesday, June 27, 2018 The Toning Board of Appeals of the Town of Queensbury has received an application from David Nuzzi Associates, LLC for Michael Kors for a variance frorn Chapter 140 of the Sign Code of The Town of ueensbury. The applicant proposes placement of a second wall sign for a tenant (Michael fors) who will be leasing a store (Space 13) on the corner of the Outlets at Lake George East. The applicant has received a Sign Permit for a 4333 sq, ft. wall sign located on the south elevation. The second wall sign {2.2 sq. L) is proposed to be located on the west elevation of the building. belief requested from numbe-r of allowable wall signs for a tenant in a Business Plaza. Relief Required: The applicant requests relief from the number of allowable wall signs for a tenant in a Business Plaza. ection 140 Sign— number of wall signs in a business complex per tenant The applicant proposes two walls signs for Michael Kors where one sign is permitted on the south elevation a second sign on the west elevation is proposed. SEAR Type: Unlisted [ Resolution 1 Action Required far SEQRI Motion regarding Sign Variance S -b-2018 David Nuzzi Associates, LLC for Michael Kars based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board funds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted 2 7`h day of June 2018, by the following vote: AYES; NOE : A public hearing was advertised and held on Wednesday,June 27, 2018; Upon review of the application materials; information supplied during the public hearing, and upon consideration ofIhe criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NY 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 . Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an 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 neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE . In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh/would be outweighed 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 APPROVE/DENY Sign Variance SV-6-2018, David Nuzzi Associates, LLC for Michael Kars. In#roduced by , who moved for its adoption, seconded by As per the resolution prepared by staff with the following: A. <insert conditions 1 wmments>, B. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; C. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adironda&Park Agency (APA.). The applicant is cautioned against taking any action until the AP 's review is completed; D. Final approved plans in compliance with an approved variance must be submitted to the Community Devc1opment Department before any further review by the Zoning Administrator or Building & codes personnel' E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; F. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign perrnit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake Creurge Park Commission or other State agency or department. Duly adopted this 2.7t' day of June 2018, by the following vote: ACES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff dotes Area Variance No.. 38-2018 Project Applicant: JRmcs & Donna Barber Project Location: 486 & 480 Luzerne Road Parcel.History: nla EQR Type: Type II Meeting Date: Jane 27, 2018 Description of Proposed Project: Applicant proposes a boundary lot line adjustment with the eastern neighboring parcel (Murray's parcel), Both parcels are 0.88 acres. TheMurray's pateel. 30 .10- -3 would be increased to 0,93 acres and the Barbers parcel 308.10- -4 would be decreased to 0.83 acres. Relief requested from the dimensional requirements for the MDR zoning district for lot 4 (Barber's parcel). ReliefRequired The applicant requests relief from the dimensional requirements for the MDR zoning district for lot 4 {Barber's Parcel), Section 179-3-040 Dimensional reguirements The project involves a boundary Iine adjustment where parcel 308,10- -4 is reduced from 0.8 8 ac to U3 ac where 2 acres is required. Criteria for considering an Area 'Variance accarding to Chapter 27 of Town Lave= In making a determination, the hoard shall consider: t. Whether an undesirable change will be produced in the character of the neighborhood yr a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to parcels being less than 2 acres required in the MDR zoning district. 3. Whether the requested area variance is substantial. The request for relief may be considered substantial relevant to the code. The relief requested is I.17 ac. 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 applicant and neighbor are working together to minimize the impact of existing trees on the site. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created- Staff comments: The applicant proposes a lot line adjustment for an area of,05 ac as the adj wining neighbor proposes to maintain the properly removing the dead trees from the site. The survey shows the property line adjustment area along with the photos showing the tree area to be managed. Zoning Board of Appeals— Record of Resolution Town of Qucensbury 742 Bay Road Queensbury, IVY 1 804 (518) 7 1-8 38 7caxm of C�ccr�sba�ry Aren Variance Resolution To: Approve 1 Disapprove Applicant Name: Jaynes & Donna Barber File Number: -A -38-2018 Location: 486 and 480 Luzerne Road Tax Map Number: 308.10- -4 BA Meeting Date: Wednesday, rune 27, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from James and Donna Barber. Applicant proposes a boundary lot line adjustment with the eastern neighboring parcel (Murray's parcel). Both parcels are 0.89 acres. TheMurray's parcel: 308.10- -3 would be increased to 0.93 acres and the Barbers parcel 308.10- -4 would be decreased to 0.83 acres. Relief requested from the dimensional requirements for the MDR zoning district for lot 4 (Barber's parcel). Relief Required: The applicant requests relief from the dimensionai requirements for the MDR zoning district for lot 4 (Barber's parcel). Section 179-3-040 Dimensional requirements The project involves a boundary line adjustment where parcel 308.10-2.-4 is reduced from 0.88 ac to 0.83 ae where 2 acres is required. SEAR Type iI —no further review rewired; A public hearing was advertised and held on Wednesday, June 27, 2018; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 173-14-080( of the Queensbury Town Code and Chapter 267 ofNYS Town Law and after discussion and deliberation, we find as follows- ? L.,R,rHE DRAFT PROVIDED BY S"I AFF 1. There is / is not an undesirable change in the charaote-r 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 n ininuze the rMuest OR are not possible. 3. The requested variance i /is not substantial because 4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is 1 is not self-created because b. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (app)roval} 1 would be out ei&hed 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 rninirnum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the iterns outlined in the fo1)ow-up letter scut with this resolution, BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE f DENY ARF-A 'VARIANCE AV-38- 018, James &. Donna Barber, Introduced by who moved for its adoption, seconded by Duly adopted this 70' day of June 2018 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance Nn.: 40-2018 Project Applicant: Russell Hilliard Project Location: 79 Ash Drive Parcel History: nla EQR Type: Type H. Meeting Date: June 27,2018 Description of Proprsed Frojeet: Applicant proposes construction of a 576 sq. ft. detached garage with storage area above ( 40 sq. ft.); proposed height to be 18 ft. Relief requested from ma imurn height restrictions and .for a second garage where only one is allowable in the WR zoning district. Relief Required: The applicant request relief for second garage on pareel where only one is allowed and height relief in the WR zoning. Section 17 -5-020—Accesso , Structures— ara e: The applicant proposes a second garage that is detached where only one is allowed. In additiou, the garage is to be IS ft in height where a 16 ft height the maximum allowed for detached structures in the WR zone_ Criteria for considering an Area Vari ancc according to Chapter 267 of Town Lave: In making a determination, the board shall consider- 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. . 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 be considered to include an addition to the existing garage on the home. ,although this would require additional site disturbance due to the location of the existing garage. . Whether the requested area variance is substantiaal. The relief may be considered substantial relevant to the code. belief requested is to allow two garages where only one is allowed. Relief is also requested for the height of the building 2 sq ft in excess. 4. Whether the proposed variance will have an ardver se 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. tatff comments: 'lac applic-ant proposes to construct 576 sq ft second garage for storage of heins to maintain property and outdoor items. The site has an existing storage shed at 93 sq ft and a 600 sq ft greenhouse on the property. The plans show the location of the new garage on the site and the applicant included a typical outside view of the garage to be constructed. Jnn18-12 Warren Coupity Planning Department Project Review and Referral Form Reviewed by Department on June 14, 2018 Project]dame: Millard, Russell Owner: Kilard, Russell ID Number: QBY-1 B-AV-40 ountyProject#: Jun1B-12 Current Zoning: WR Community. Queensbury Project Description: Applicant proposes construction of a 576 sf detached garage with storage area above (240 sf) proposed height to be 18 #t. Site Location: 79 Ash Dr. Tax Map Number(s): 289,17-1-8 Staff Notes: The Warren GountyPlanning Department finds that the project will not create any significantinttr-rnunidpoll or county-wide impacts to the items identified in GM §289. Local actions to date(if any): County Planning Department: Ncl Local Actiond inal Disposition: 611412018 Warren County Plaiming Department Date Signed Loral Official Datc Signed PLVASE RUURN THIS FORM T4 THE wARRFN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION Zoning Board of Appeals— Record of resolution Town ofQueensbury 742 Bay Road Queensbury, IVY 12804 (518) 7 1-8238 T(niwa e�('(ZLj -1A)ury Area Varianee Resolution To: Approve 1 Disapprove Applicant Name. Russell Hilli File Na mber: -AV-40- 018 Location: 79 Ash Drive Tax Map Number: 28 A7-1-3 BA Meeting Date: June 27, 201 The Zoning Board of Appeals of the Town of Queensbury has received an application from Russell Hilliard. Applicant proposes construction of a 576 sq. ft. detached garage with storage area above(240 sq. ft.); Proposed height to he 18 ft. Relief requested from maximum height restrictions and for a second garage where only one is allowable in the VAR zoning district. Relief required: The applicant request relief for second garage on parcel where only one is allowed and height relief in the R zoning. Section 179-5-00Accessory Structures—garage: The applicant proposes a second garage that is detached where only one is allowed. In addition, the garage is to be 18 ft in height when a 16 ft height the maximum allowed for detached structures in the WR zone. SEAR Type II—no further review required; A public hearing was advertised and held on Wednesday, June 27, 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 27 of NYS Town Law and after discussion and deliberation, we find as follows: PER TI IE 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 1 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 I is not an adverse impact on the physical or environmelatal conditions in the rieighborhvod or district"? 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 aroval) 1 would be autwgighed 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 minimurn 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 ED ON THE ABOVE i 11\TLJ4.N S. I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE -A 40-2018 Fussell Milliard Introduced by _ , who roved for its adoption, seconded by Duly adopted this 2 7°s day of June 2018 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Departrnenf Staff Dotes Area Variance No.: 42-201. Project Applicant: Christopher Dwyer Project Location: 1232 West Alt. Mead Parcinl Histary: n{a SE R Type: Type II Meeting Date: June 27, 2018 DeFcription of Proposed Projec#: Applicant proposes to maintain two single-family dwellings on a 1.37 acre parcel; 1,632 sq. ft. (footprint) and 1,140 sq. ft. (footprint). belief requested from minimum lot sire restrictions for each dwelling unit located in the MDR zoning district; minimum requirement is -acres per dwelling unit. Also, relief requested from restriction that allows only one dwelling unit per lot in the MDR zone. Rebef Regnircd: The applicant requests relief from number of dwelling unit located on one parcel in the MDR zoning district and the lot size requirement for 2 dwelling units. Section 179-3-040 establishment of districts-dimensional requirements—moderate density residential zone The applicant proposes to maintain two existing dwelling units whem the requirement is -acres per dwelling unit Also, Telief requested from restriction that allows only one dwelling unit per lot in the MDR 2,one_ Criterin for considering an Area Variance according to Chapter 267 of Tow n Law: In making a determination, the hoard shall consider: 1. Whether an undesirab[e change will be produced in the character of the, neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood 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 convert the detached building back to a garage as was previously permitted. . Whether the requested area varia nee is subs(antial. The relief reque sted may be considered substantial relevant to the code. Relief requested is 2.63 acres and for a lot to have two dwellings 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 enviTonrnental conditions in the neighborhood may be anticipated. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant proposes to maintain two pre-existing single family homes on the same parcel, The applicant had purchased the property not aware the two homes were not previously approved. The plans show the location of the two homes on the parcel. The applicant had provided photos of the main home indicating it was a single family home and to be maintained as a single family home. The separate building was previously approved as a garage had been converted without appropriate approvals to another dwelling unit by the previous owner. The current owner is requesting approval Zoning Board of Appeals Community Development Department Staff Notes Junll8-13 Warren County Planning Department Project Review and Referral Form Reviewed by Department on June 14, 2018 Project Name: Dwyer, Christopher Owner Dwyer, Christopher 1D Number: OBY-18-AV-42 County Project#; Jun18-13 arrentZoning: Mon Commtrnity: Queensbury Project Description: (Applicant proposes to maintain two single family dwellings on a 1.37 acre parcel;1,632 sf (footprint) and 1,140 st (footprint). Site Location: 1232 West Mountain Rd Tax Map Number(,): 88.1-85 Staff Notes- The Warren Countyplanning Department finds that the project will not creme any significantinter-m un icipal ar county-wide impacts to the items identified in GML§239. Local actions to date(if any); County Planning Department: NCI Local Action-JFiinal Disposition: 4zx � 8114} p18 Warren County Planning Department Date Signed Local Official. Datr Signed PLEASE RETURN T1IZS FORM TO THE WARRRiN COUNTY PLANNING DEPARTMENT WITMN 11)DAYS OF F1KAI,ACTION Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 7 1-8238 Tmm of QueenmuYy Area Variance resolution To: Approve f Disapprove Applicant lame: Christopher Dwyer File lumber. Z,-A -42- 018 Location: 1232 West Fountain Road Tax Map Number: 288.-1- 5 ZBA Meeting Date: Wednesday, June 2 7, 2 018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Christopher Dwyer. Applicant proposes to maintain two single-family dwellings on a 1.37 acre parcel; 1,632 sq. ft. (footprint) and 1,140 sq. ft. (footprint). Relief requested from minimum lot size restrictions for each dwelling unit located in the MDR zoning district; minimum requirement is 2-acres per dwelling unit, Also, relief requested from restriction that allows only one dwelling unit per lot in the MDR zone. 1 ehef required: The applicant requests relief from number of dwelling unit located on one parcel in the MDR zoning district and the lot size requirement for 2 dwelling units. Section 179-3-040 establishment of districts-dimensional requirements—moderate density residential zone The applicant proposes to maintain two existing dwelling units where the requirement is 2-acres per dwelling unit. Also, relief requested from restriction that allows only one dwelling unit per lot in the MDR zone. SEAR Type 11 —no further review required; public hearing was advertised and held on W ednesday, June 27, 2018; Upon review of the application materials, inforntion supplied during the public hearing, and upon consideration of the criteria specified in Section 17 -14-080( ) of the Queensbury Town Code and Chapter 267 of AIMS Town Law 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 1 Feasible alternatives are and have been considered by the Board, are reasonable and lave been included to minitnize the request OR are not possible. - 3. The requested varianee is /is not substantial because 4, There is f is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficult} is 1 is not self-created because . In addition the Board finds that the benefit to the applicant from granting the requested vaTia tce would outweigh a roval 1 would be out ei xhed 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 cotiditions: a) b) 0 Adherence to the items outlined in the follow-up letter seat with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE - AV-4 -20I8 Christopher Dwyer, Introduced by , who moved for its adoption, seconded by Duly adopted this 27 h day ofJune 2018 by the, following vote: AYES: NOES: Town of Qu ensbury Zoning Board of Appeals Community Development Department Staff dotes Area Variance No.: 44-2018 Project Applicant: Britt Lynn Patch Pro*t Location- 8 Greenway North Parcel History: AV 52-2 015 house updae SEAR Type: Type H Meeting Date: June 27, 2018 Deseription of Proposed Project; Applicant proposes construction of a 420 sq. ft. swimming pool in the rear yard. Project includes installation of a privacy fence that is to be C ft in height and stockade. Relief requested from setback requirements for the rear yard and installation of privacy fence. Relief Required: The applicant requests relief from requirements for setback of a pool in the rear yard. 179-5-0 0 Pool requirements The applicant proposes to place a pool 13 ft frorn the rear property line where a 20 ft setback is required. Section 179- -070- Fence The applicant proposes a six foot stockade fence around the yard where the lot is a corner lot and stockade fences are permitted on the side and rear of the property. The six foot fence area would be on the Greenway Circle side of the property. Criteria for considering an Area Variance according to Chapter 267 of Town In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. . 'Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, ather than an area varianoe. Feasible alternatives may be available for the fence height to be reduced and type on the Greenway Cirele portion of the property. 3_ Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for rear yard setback 7 ft. Relief is also requested foT type of fence and height of fence -proposed is six foot in height and stockade fencing. 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 to the physical or environmental conditions in the neighborhood or district. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant proposes to place a 420 sq ft pool in the rear yard of an existing lot with a single farn ily home. The information submitted shoves the lot configuration with the proposed pool and fencing. The applicant included a photo showing the type of fence and pool to be installed. Jun 18-29 Warren County Planning Department Project Review and Referral Torre Reviewed by Department on Ju ne 14, 2018 Project Name: Patch, Britt Owner: Patch, Britt FD Number: OBY-18-AV-44 County Froject#: Jun18-29 Current Zoning: MUR Community: Queensbury Project Y}escription: Applicant proposes to install an in ground mlrnming pool that does not rneat the rear setback. Site Location: 8 Greenway North Tax Map Number(s): �02.b-t-75 Staff Notes: The Warren CountyPlanning Department finds that the project will not create any significantinter-municipal or county-wide impacts to the items identified in .ML§ 89. Local actions to date(if any): County Planning Department: NCI Local Actionffinal Disposition: ��. 61 141201 S Warren County Planning Departmeat Date Signed Local Official Date Signed PLEASE RETURN TIUS FORM TO TFIF.WARREN WLWTY FLANNIriG AFYARI NT WTMN 10DAYS OF FFNAL ACTION Zoning Roard of Appeals—Record of Resolution Town ofQueensbury 742 Bay Road Queensbury, Ali' 12804 (518) 7 1-S2.38 Town d(L"coubmy Area Variance Resolution To: Approve 1 Disapprove Applicant Name; Britt Lynn Patch f+ilc Number- - -52-2018 Location: 8 Greenway North Tax Map Number: 302.5-1-75 BA Meeting Date. Wednesday, June 27, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Britt Lynn Patch. Applicant proposes construction of a 420 sq. ft. swimuning pool in the rear yard. Project includes installation of a privacy fence that is to be 6 ft in height and stockade. Relief requested from setback requirements for the rear yard and installation of privacy fence. Relief Required: The applicant requests relief from requirements for setback of a pool in the rear yard. 179-5-020 Pool requirements The applicant proposes to place a pool 13 ft from the rear property line where a 2 4 ft setback is required. Section 179-5-070- Bence The applicant proposes a six foot stockade fence around the }yard where the lot is a corner lot and stockade fences are permitted on the side and rear of the property- The six foot fence wea would be on the Oreenway imle side of the property, EQR Type II —no €urther review required; public hewing was advertised and held on Wednesday, June 27, 2018; Upon review of the application materials, information supplied during the }public hearing, and upon consideration of the criteria specified in Section 179-I4-0 O(A) of the Queensbury Town Code and Chapter 267 of YS Town Law 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 ebaracter 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 GIB are not possible. — 3. The requested variance is 1 is not substantial because 4. There is 1 is not are adverse impact on the physical or environmental conditions in the neighborhood or district:' 5. The alleged difficulty is 1 is not self-created because , In addition the Board finds that the benefit to the applicant from granting th.e requested variance would outweigh a roval 1 would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; T 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 FINDINGS. I FAKE A LOTION TO APPROVE 1 DEFY AREA VARIANCE - V-44- 01 , Britt Lynn. Patch, Introduced by , who moved for its adoption, seconded by Duly adopted this 27ih day ofJurie 2 018 by the following vote: AYES: NOES,