1978-08-16
365""
066~~~al M~nu~e4 06 ~he Queen4bu~y Zon~ng Boa~d 06 Appeal4 held
AUgU4~ 16, 1978
P~e4 en~:
K. Co~nwall Gue4 ~4 : G. L~ape4
T. Tu~ne~ S. Lynn
C. S~~a~d
S. R~~ha~d40n
M. Reed
A. f~an~o
G. Ku~04aka
Ab4 en~:
The m~nu~e4 06 ~he p~ev~ou4 mee~~ng w~e app~oved.
Old BU4~ne44:
Spe~~al Pe~m~~ #77 - G~a~e Vunn - ~o ~onve~~ a ga~age ~nto
a 4ea40nal dwell~ng on Glen Lake Road.
A~to~ney R. Stua~~ and G~a~e Vunn p~e~en~. A legal op~n~on 6~om
~he Town A~~o~ney wa~ ~ead ~n~o ~he ~e~o~d. Mot~on by S. R~~ha~d40n.
Se~onded by M. Reed ~o deny ~pe~~al pe~m~~ #76.
RESOLVEV: The Boa~d den~ed Spe~~al Pe~m~t, #76 ~n ~on~u~~an~e
~ w~th Town Coun4el op~n~on pe~ lette~ da~ed July 28, 1978, ~n that
~~ ~hould be ~on~~de~ed a4 a va~~an~e. Al40, ~ha~ ~e~t~on 9.704 06
~he 20 n~ng O~d~nan~e appl~e~' ~n ~e6 e~en~e ~o ~h~4 appl~~a.uon.
New Bu~~ne~4:
Va~~an~e #571 - John R. G~~a~d - d/b/a Ca~b~de Sha~pen~ng Se~v~~e
Co~~n~h Road - ~o pla~e a 30' x 40' add~~~on ~o an ex~~.ung non-
~on60~m~ng U4e.
M~. John G~~a~d p~e4en~ed ~he appl~~a.uon.J~m Elde~ who l~ve~
a~~0~4 the ~oad 6~om ~he Ca~b~de Sha~pen~ng ope~a~~on ~ompla~ned
about ~he nu~~an~e 06 ~a~ ~epa~~4 and nO~4e. M~. G~~a~d w~ll
~o~~e~~ the ma~te~ and w~ll not allow any d~~~u~ban~e to the ne~gh-
bO~4 .
'-
Mo~~on by C. S~~a~d. Se~onded by T. Tu~ne~ ~o app~ove Va~.# 571.
RESOLVEV: The Boa~d g~an~ed th~4 va~an~e ~n ~on~u~~en~e w~th
Queen4bu~y and Wa~~en County Plann~ng Boa~d4.
3b(,
( 2 )
Va~~anee #572 - ABC Rental4 - ~eque4t to plaee an add~t~on w~th
4' ~ea~ 4etbaek ~n l~eu 06 the ~equ~~ed 30' ~ea~ ~etbaek and a
6~ee ~tand~ng 4~gn 4' x 8', 15' 6~om the p~ope~ty l~ne4 on
Quake~ & R~dge Road.
Ed Coe p~e~ented.League 06 Women Vote~~ objeet to ~~gn
va~~anee.
RESOLVEV: The Boa~d g~anted va~anee to plaee an add~tion
to eX~4t~ng bu~ld~ng 15' x 26' w~th 4' 4etbaek ~n eoneu~~enee
w~th Queen4bu~y and Wa~~en County Plann~ng Boa~d4.
The Boa~d den~ed va~~enee to e~eet an add~tional 6~ee-~tand-
~ng 4~gn a~ ~t ~4 ~n v~olat~on 06 the Queen4bu~y S~gn O~d~nanee
and the appl~eant h~ not demon4t~ated any ~ea40n to va~y the
o~d~nanee.
Va~~anee #575 - Cook Un~ted, Ine.- to plaee a 6~ee 4tand~ng
4~gn 8' x 11'.
P~e4ented by Atto~ney Robe~t Stewa~t and H. H066man 06
S~gn4 06 P~og~e44. League 06 Women Vote~4 eommended Cook Un~ted
~n ~ega~d to the p~opo4ed 4~gn~ng ~mp~ovement4. M~. F~aneo a4ked
M~. Stewa~t how he me~u~ed the 6~ee 4tand~ng 4~gn and M~. Stewa~t
an4we~ed by me~u~~ng the pe~~mete~ 06 the 4~gn and eomputing
the 4qua~e 600t a~ea.
Mot~on by C. S~ea~d. Seeonded by M. Reed to app~ove.
RESOLVEV: The Boa~d g~anted th~~ va~~anee ~n eoneu~~enee
w~th Queen4bu~y and Wa~~en County Plann~ng Boa~d4 a4 ~t w~ll be
an ~mp~ovment ove~ the p~e4ent 4~gn. Al4o, the 4~gn w~ll not be
4ubjeet to ~enewal ~n 1986 ~n ~ega~d to eon6o~m~tlj w~th the 4~gn
o~d~nanee.
r 3 J
~
Meet~n9 adjoa~ned 10:00 P.M.
~
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Yown 0/ Queenjburfj
QUEENSBURY TOWN OFFICE BUILDING
"-
July 28, 1978
BAY AND HAVILAND ROADS. R. D. 1
GLENS FALLS. NEW YORK. 12801
TELEPHONE: C~18) 792.~832
POLICE DEPT. 793.2~~~
HIGHWAY DEPT. 793.7771
TOWN COUNSEL
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Mr. George P. Liapes
Zoning Inspector
Town of Queensbury
Town Office Building
Bay & Haviland Roads
Glens Falls, NY 12801
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Re:
Application of
convert garage
i>ifij
AM. ~~
JI ~I~ 11.ol1tl1tJ ~ 1 ~I? 111? I ~
A .
Grace Dunn for authorization to
to summer residence
Dear George:
This is to provide my opinion to the inquiry of the
Queensbu~y Zoning Board of Appeals, as requested during
the Zoning Board of Appeals meeting of July 19, 1978, whether
the Queensbury Zoning Ordinance authorizes the applicant, Mrs.
Grace Dunn to convert an existing garage on premises which she
owns at or near Glen Lake to a summer residence. It is my
understanding that the lot has situate thereon a residential
building other than the garage and that it is impossible to
-divide this particular lot in such a £ashion that the side
line requirement of the Queensbury Zóning Ordinance are ful-
filled. In particular, it is my understanding that the gar-
age is separated from the residential building by a distance
of approximately eight feet. Since the area surrounding Glen
Lake is classified as an R-4 zone, the minimum side yard re-
quirements under the Schedule of Zoning Regulations which
appear on the back of the Queensbury Zoning Map is five feet
with respect to each side yard. Since the garage and resi-
dential structure are only eight feet apart, it would be im-
possible to divide the premises by imaginary lines or other-
wise in such a fashion that more than one lot meeting the minimum
size requirements of the Zoning Ordinance would be created
without violating the side yard minimum requirements of the
Zoning Ordinance.
þ
It is my understanding that the attorney for Mrs. Dunn
has argued before the Zoning Board of Appeals that Section
6.302 of the Zoning Ordinance in essence permits the use of
a structure in this situation to be used as a seasonal dwell-
ing and that such may exist on a lot in addition to any other
residential structure permitted and existing thereon. I do
not agree with Mrs. Dunn's attorneys' argument in that regard.
SETTLED 1763 , . , HOME OF NA TU RAL BEAUTY . . . A GOOD PLACE TO LIVE
.' '::'~J,;;r.:'.~h,~:':}t "\.1:,.. '~i'',:'~_',p, ~1ï:'~~~.
",
"--
Mr. George P. Liapes
July 28, 1978
Page 2
It is my opinion that 6.302 of the Queensbury Zoning
Ordinance does not authorize Mrs. Dunn to convert the garage
which now exists to a seasonal dwelling unit in the absence
of a grant of a variance by the Zoning Board of Appeals. I
predicate that opinion on the fact Section 6.202 of the Queens-
bury Zoning Ordinance which recites as follows:
"Lot for Every Residential Building. Every
residential building hereafter erected shall
be located on a löt as herein defined and
there shall be not more than one residential
building on one lot, except as specifically
permitted elsewhere in this ordinance. If
more than one lot is located on a piece of
property, each lot must meet the requirements
of this ordinance". (Emphasis supplied)
Section 6.202 obviously expresses the general principle
of one residential building on one lot except as "specifically
permitted elsewhere" in the ordinance. Although Section 6.302
does authorize seasonal dwelling units in any R-District
(lakefront) or (riverfront), I find nothing in that Section
which may be con~trued as specifically permitting more than
-one residential building on one lot even where the second resi-
dential building is a seasonal dwelltng. There is no question
that the garage if converted to a seasonal dwelling, would
constitute a "residential building". I believe that Section
6.202 controls this situation in the absence of an express state-
ment elsewhere in the ordinance to the contrary. I do not be-
lieve that Section 6.302 in any way creates such an exception.
Since Mrs. Dunn's property may not be divided in a fash~on into
two lots.within the same piece of property with each meeting
all requirements of a side yard nature as expressed in the
ordinance, I must conclude -that she is not permitted by the
terms of·the ordinance to convert the garage- to a seasonal dwelling
without having a variance application granted by the zoning Board
of Appeals.
As always, if there are any questions concerning any aspect
of this matter, please do not hesitate to contact me.
..
v,~/~ truly yours,
"-
'<1),<.,/
; SEPH R. BRENNAN
Town Counsel
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