Staff Notes Packet ZBA Mtg Wed., July 18, 2018 stzTff Noteo
ZBA Meeting
Wednesday, July 18, 2018
unsbury Zoning Board of Appeals Agenda
Meeting. Wednesday, July 16, 2018 Time, 7-00- 1 1:00 lam
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at. www.qqjeensbury.net
Apprnval of meeting minutes: June 20&27,2018
OLD BUSINESS:
A licant s Joe Orlow Area Variance No . Z.-AV-7lr-�Q17
Owners Jae Orlow and Michael A]und SE RA Rpe 11
A ent s -Pam Robinson Lot Size 0.07 Acre(s)
Location ' 11 Wagon Trail Zoning WR
Ward No. Ward 1
Tax Id NO 290.5-1-21 Section 179-3-W-, 1794-450; 179-5-090
Cross Ref RC 31-2016 Res, Alt.;BOTH 630-2016 Warren County November2017
Demolition interior only Planning
Public November 15,2017;February 21, 2018, July Adirondack Park rVa
Hearing 18,2018 Agency
Preject Description Agplivant proposes to maintain and complete construction of a 891 sq. ft,single-family home. The project
has been revised with loft area reduced height less than 5 ft. and the entry deck has been reduced from 144 sq- ft. to 84 sq. ft-
Rel ief requested from minimum property line setbacks,permeability,and road frontage requirements as well as relief from the
maximum allowable Floor Area Ratio (FAR)requirements for the WR zoning district.
NEW BUSLNE :
Applkant s) LaEy Steinhart Area Variance No Z-AV-4.7-2018
Owners Larry Steinhart SEQRA Type 11
A en# s I Lapper,Esq. �Hutchins Engineering Lot Size 0.21 acres
Mention 362 Cleverdale Road Zoning WR
Ward No. Ward 1
Tax Id No 1226.12-1-64 Section 179-3-040A
Cross Ref P-SP-47-20181 5B 4-1980 Warren County July 2018
Plannin
Publle Hearing July 18,2018 Adirondack Park AEU
A enc
Project Description Applicant proposes construction of a 136 sq.ft. (footprint) single-tort'residential addition to an existing
1,156 sq- ft- (footprint)home. Ex sting home has FAR of2,007 s€1.ft, and proposed is 2,143 sq. ft. Project includes removal of
hardsurfa6ng to increase penneability.. Relief requested from FAR requirements aad minimum setback requirements for the WR
zoning district. Plann ing Board; Site Plan Review me wired for expansion of a noncon form ingstructure.
Any Nnhcr business that the Cliairman determines may be properly bought before the Zaming Bowl UFAppuds.
Revised Final Z5A Agenda Versiam 7.05-2019(mmovod Lcjuca)
Final ZBA A nds Version 6.292018
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.. 76-2017
Project Applicant: Jae Orlow
Prnjcct Location: 11 Wagon Trail
Parcel History: RC 631-201 b Res. Alt.; BOTH 630-2016 Demolition interior only
SEAR Type- Type 11
Meeting Date. July 18, 2018,Tabled 11/1511.7,Tabled 2/21/18,Tabled 4/18/18,Tabled 612018
Description of Proposed Project:
Applicant proposes to maintain and complete construction of an 891 sq, ft. single-family home. The project has
been revised with loft area reduced height less than 5 ft. and the entry deck has been reduced from 144 sq. ft. to
84 sq. it. belief requested from minimum property line setbacks,permeability, and road frontage requirements
as well as relief from the maximum allowable Floor Area patio (FAR) requirements for the WR zoning district.
Relief Required:
Section 17 - -040 Dimensional requirements
The applicant proposes to complete construction of a home on a A7 ac pre existing parcel. The building under
construction is 20 ft from Sunnyside North, b.2 ft from Wagon Trail, 4.6 ft from the rear east property line,
and 6.8 ft from the rear south property line. The zone requires a 30 ft sethack from the front property lines and
rear property lines as the lot is a corner lot. Relief is requested for permeability where 7.411 o is requested where
75%permeability is required.
Devised:
1) Floor area ratio - relief is no longer requested as loft area has been reduced below 5 ft
Criteria for considering an Area Variance according to Chapter Z67 of'1'uwa 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 he created by the granting of this area variance. Minor impacts to the
neighborhood may be anticipated. The applicant has indicated the project is currently incomplete and will
be completed as presented.
. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the size of
the parcel, the location of the existing home and location of the septic area.
. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. The relief requested is 5.l ft from Sunnyside North, 2 3.8 ft from Wagon Trail, 25.4 ft
from the Fear east property line, and 23.2 ft from the rear south property line. Relief is requested for
permeability 7.6% in excess.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal impact on the physical or the environmental conditions of the area.
S. Whether the alleged difficulty was self-created. The difficulty maybe considered self-created.
Staff Coatnteats:
The applicant proposes to complete construction of an 891 sq. ft. single-family home. The home will have two
open decks; one is 84 sq. ft. and the other is 36 sq. ft.. The plans show the location of the home on the parcel
with the deck areas. The elevations show the exterior and interior of the home including a storage loft area.
The applicant hn received a Local Board of Health septic variance. The applicant had been informed a building
permit and variance application were required for the project.
The applicant was requested to provide supporting information in regards to the original footprint of the home.
The applicant has included the Real Property Service footprint diagram that was complete prior to renovations—
the only addition is the 84 sq ft open deck(west side) and the 36 sq ft open entry porch area(south side)
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals— record of Resolution
Town ofQueensbury 742 Bay Road Queensbury, NY 12804 (51 ) 761-8238
Tfoom or(z4ve slwn'
Area Variniacc Resolution To: Approve / Disapprove `-
Applicant Dame: Joseph Clrlow
File Dumber: -A -76-2017 L
Location: 11 Wagon Trail
Tax Map Number: 290.5-1-21
BA Meeting plate: Wednesday, July 18, 201
The Zoi-iing Board of Appeals of the Town of Queensbury has received an application from Joe Orlow.
Applicant proposes to maintain and complete construction of an 891 sq. ft. single-family home. The project has
been revised with loft area reduced height less than 5 ft. and the entry deck has been reduced from 14-4 sq. ft, to
94 sq. ft. belief requested from minimum property line setbacks, permeability, and road frontage requirements
as well as relief from the maximum allowable Floor Area Ratio (FAIL) requirements for the WR zoning district.
belief Required:
Section 179-3-040 Diincnsional requirements
The applicant proposes to complete construction of a home on a .07 ac pre existing parcel. The building under
construction is 24.9 ft from S ur3nyside North, 6.2 ft from Wagon Trait, 4.6 ft from the real`east property line,
and 6.8 ft from the rear south property line. The zone requires a 30 ft setback from the front property iines and
rear property lines as the lot is a corner lot. Relief is requested for permeability where 67.4% is requested where
7 5%permeability is required.
Revised.
1) Floor area ratio - relief is no longer requested as loft area has been reduced below 5 ft
SEAR Type lI ^no further review required;
A public hearing was advertised and held on Wednesday,November 15, 2017 Tabled to February 21, 201
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-08D(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 PRC}MILD 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 rossfblc.
3. The requested variance 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?
5. Is the alleged difficulty is 1 is not self-created because
6. In addition the Board finds that the benefit to the applioant from granting the requested variance would
outweigh a royal / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or cornrnunity;
7, The Board also finds that the variance request under consideration is the mittimum necessary;
& The Board also proposes the following conditions;
a)
b)
c) Adherence to the.items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS,I MAKE A MOTION TO APPROVE/DENS' AREA VARLANICE
-A -76-201_'7. Joe Orlo , Introduced by , who moved for its adoption, seconded b
Duly adopted this 181h day of July, 2018 by the following vote:
AYES:
NOES:
Town of Qveensbury Zoning Board of Appeals
ommunity Development Departmenf Staff Notes
Area Vnriance No.: AV 47-2018
Project Applicant: Larry Steinhart
Project Location: 362 Cleverdale Load
Parcel History: P-$P47-2018; S)B 4-1 80
SEAR Type: Type II
Mccting]date: July 18, 2018
Dcscription of Proposed Project:
Applicant proposes construction of a 136 sq. ft, {footprint) single-story mesi dent ial addition to are existing 1,15 6 sq. ft.
(footprint) Dame. Existing heave has FAR of 2,007 sq. ft, and proposed is 2,143 sq. ft. Project includes removal of hard
surfacing to increase permeability, belief requested from FAIL requirements and minimum setback requiremems for the
W R zoning district. Plannfng Board; Site Plan review required for expaP1sion of a nonconforming structure,
Relief Required:
The applicant rerluen relief from minimum setback and Floor Area Ratio requirements for the WR zoning district.
Section 119-3-044 establishment of districts dimensional requirements
The applicant proposes to construct a 136 sq ft first floor addition that is to be 7_6 ft where a 20 ft setback is required.
The new floor area is 2143 sq ft or 23.7°a where 2 °o is the maximum allowed_
Criteria for con�xdering an Area 'Variaace according to Chapter 267 of Town T,avv:
In malting a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood rmiy be anticipated.
. 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. Fusible alternatives appear limited due to the location
of the existing home and the interior layout of the house.
. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Belief is requeested for side setback of 13 ft. Floor area relief of 1.7% in excess of
%.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental coaditiaas in the neighborhood or district. Minor impacts on 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 comments•
The applicant proposes construction of 146 sq. ft. one story addition on north side of the home. The submission
includes photos of the current structure and construction drawings of the addition to be built. The floor plans of
the existing interior arrangemrmt are provided. The applicant has indicate the need for the addition allows for
the first floor bedroom and bathroom area to be expanded.
Zoning Board of Appeals — Record of Resolution
Town of Queemsbury 742. Bay Road Queensbury, ICY 12804 (518) 761-8238
TOLYfr Of(L"MG 1}1Ffy
Area Variance resolution To: Approve! Disapprove
Applicant Name- marry Steinhart
File Number: Z-AV-47-2018
Location: 32 Cleverdale Road
Tax Map Number: Z-A -47- 018
RA Meeting Date: Wednesday, July 18, 2018
The Zoning Board of Appeals of the Town of Queenshur has received an application from )tarry teinhart.
Applicant proposes con Ftruction of a 136 sq. ft. {footprint} Single-story residential addition to an existing 1,156 sq. ft.
(footprint) home. Existing horne has FAR of2.,007 sq. ft. and proposed is 2,143 sq. ft. Project includes removal of hard
surfacing to increase permeability- Relief requested from FAR requirements and Minimum setback requirements for the
R zoning district. Planning Board. Site Platt Review required for expansion of nonconforming structure.
Relief Required:
The appifoant request relief from minimum setback and Floor Area Ratio requirements fcrthe WR zoning district.
Section_179.3-040 establishment ofdimicts dimensional requirements
The applicant proposes to construct a 136 sq ft first floor addition that is to be 7.6#t where a 20 ft setba& is required.
The new floor area is 2143 sq ft or 23.7% where 22% is the maximum allowed.
SEAR Type II —no further review required;
public hearing was advertised and held on Wednesday, July 19, 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 DRAFT PROVIDED BY S'1YtiFF
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, arc-reasonable and have been
included to minimize the request DR are not possible. - —
3. The requested variance is / is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neigliborhvod or
district?
5, The alleged di fficulty is l.is not self-created because
. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outwei �roval) 1 would be outweighed by s nial 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,-
AV-47-2019 Larry Steinhart, Introduced by , who moved for its adoption, seconded by
Duly adopted this 1 "' day of July 2018 by the following vote:
AYES:
NOES: