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1984-05-16 .' c1'l/ Regular meeting of the QUeensbury Zoning Board of Appeals was held Wednesday May 16, 1984 at 7:30 P.l-I. This meeting was called to order by Chairman Turner. . ',- The first item before the Board this evening was to elect' a secretary and vice chairman. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively, RESOLVED THAT the Zoning Board of Appeals hereby appoints Susan Goetz to act as secretary of the Board at all meetings. Approved. Motion by !~r. Turner, seconded by Mrs. Goetz, all voting affirmatively, RESOLVED TKÄT the Zoning Board of Appe~ls hereby ap?oints Charlcs Sicard as Vice Chairman of the Zqning Board to act in the absence of the Chairman. A?proved. Chai~an next asked for a motion to approve the minutes. Mrs. Goetz asked if more detail could be included in the minutes re- garding the Glens Falls City School District. notion by Hr. Sicard, seconded by Mr. Mills RESOLVED that the minutes of the April meeting are hereby approved subject to corrections. Yes-Mr. Griffin, Mr. Turner, Mr.Sicard, Mr. 1-1ills No -None Abstain - Mrs. Goetz Absent - Mr. Muller Mr. Behr was present for this meetinq which was his first as a member. Approved. VARIANCE NO. 911 - william F. and Marie M. Miller - to replace an existing camp with larger one-family dwelling. Chairman asked if any member of the Board had questions for the applicant. Mr. Sicard interjected that he, Mr. Miller, didn't have much choice there and it would certainly be an improvement over what was there. Public Hearing open, no one present either for or against, public hearing closed. Town Planning Board recommended approval of the area variance a~ong with the Warren County Planning Board. " . ---- .--.-.-- c2 ;J- r Page 2 Motion by Mr. Behr, seconded by Mr. Griffin, all voting affirmatively, ,_ RESOLVED THAT the Queensbury Zoning Board of Appeals apprOves Variance No. 911. The practical difficulty has been shown and that it will improve the general overall appearance by the squaring of the building and it meets all the requirements. Approved. . . VARIANCE 912 - John J. Walker - to operate a retail outlet for logging supply business in suburban residential zone on northwest side of Route 149. Mr. Walker was present to represent himself. .', Chairman ,reminded Mr. Walker that he would have to prove or demonstrate the hardship imposed' on this property. He added that this is a single family residential zone and you must demonstrate this hardship. You will be going into this zone with a business and as yet you don't own the building. Mr. Sicard asked if he was aware of the intent of the ordinance when he got into this and Mr. tialker said he was aware of the problem. Mr. Sicard then asked if he was aware of the procedures that he would have to go through and Mr. Walker said he was. Mr. Walker added that he has canvassed the area and he dosen't think that in the last three to four years there has been a building permit issued in the area in question. He added that he has personally talked with every person who lives from Bay Road over to the top of the hill and has met with no resistance. Mr. Walker then said that the type of business he wanted to operate would only be from the garage area and would only be for small ?arts needed in the logging business. He added that he has been doing this in the past out of his truck. Mr. Sicard asked if there would be any re9air work done on the premises. Mr. Walker said there would be no repair work done. Mr. Behr asked if he would be using the' full garage for his business and if so he would not have any garage for his personal vehicles. Mr. Walker he would have no garage space. Mr. Behr next asked if he would be building a garage and Mr. Walker said possibly in the future he would be. ~r. Behr said that the only change would be heavy rigs going in and out which you don't have in that area now. ,_ Mr. Walker answered yes and that he didn't foresee a steady flow of large logging trucks. _.- ----- ~~ Page 3 Mr. Behr next askef if this driveway would be marked entrance and exit. Mr. Walker answered yes. Mr. Mills asked if tir. Beakbane shouldn't be the person looking for the variance. Mr. Dean, building department representative, explained reasoning for the application as it is. Mr. Beakbane interjected that he is trying to sell the property as it is getting to be too much for him to take care of. Chairman. asked if it thad been on the market for sale and Mr. Beakbane said no, not actively. Mr. Behr then added that in other words you have not been able to find suitable property in an area where it is properly zoned and Mr. Walker said no, he hasn't found any. Mrs. Goetz asked about the possibility of expansion and Mr. Walker answered that he has no plans to expand. Public Hearing opened Mr. Floyd Martindale, owner of property on North side said he had no problems with this proposal. Public hearing closed. Town Planning Board disapproved the application. Warren County Planning Board approved. It was also noted that Mr. Walker appeared before the Queensbury Beautification Conooittee and they have approved. Mr. Behr asked if signs have been considered and Mr. Dean answered no. Mr. Sicard interjected that he felt there was a hardship because it appears this property might not be able to be sold as residential because of the heavy traffic. We èould stipulate that that this would be for the lifetime of the applicant only and then it would revert back to the original zoning. Mr. Behr interjected that one question on the application is that would this change the character of the neighborhood and his feelings were that it would be changed by this. After more discussion, Mr. Walker stated that he really felt that '- he has come into an area knowing that it is zoned residential commercial and he has taken the proper steps to do something about it. '- - , '. Jr1 Page 4 He stated that he has spent approximately one week of his time away from his work to try and comply. Chairman interjected that he would have to agree that this is a self-imposed hardship because you don't own the property, you want to go in there and establish a business in a residential zone. Chairman next read the requirements of a use variance. Motion by Mr. Sicard, seconded by M~. Mills RESOLVED THAT the Zoning Boare of Appeals approve Variance No. 912 with the hardship being shown that this might not be a viable piece of residential property because of the traffic from Rt. 9 onto Rt. 149 to Fort Ann. Applicant would have variance for livetime only and at that time the use of the property would revert back to SR-30. No heavy eqúipment sales on the property or storage of equipment on property. There has been no opposition from neighbors in the area. Yes - Mr. Griffin and Mr. Mills, Mr. Sicard No - Mr. Behr, Mrs Goetz, ~lr. Turner , Chairman made note that in order for this, to pass here tonight that a majority vote of the members was needed and a tie vote would be considered a rejection by the board of the application. Application denied. VARIANCE NO. 913 - Cleverdale Country Store - To place a walk-in cooler with less than the required setback. Mr. .Griffin asked if this would be the same size and the answer was that it would be basically the same. The representative added that this is about the only place they have to put a cooler. Public hearing opened with no opposition, public hearing closed. Planning Board recommended approval along with the Warren County Planning Board. Motion by Mr. Griffin, seconded by Mr. Sicard all voting affirmatively, RESOLVED THAT the Zoning Board of appeals approves Variance No. 913 because the practical difficulty has been demonstrated, it is a reasonable request and there is no adverse affect on the neighborhood character. Approved. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively, RESOLVED THAT the meeting adjourn. ~~ . --,...-..........-.