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1984-06-20 ¿J'jt) Regular monthly meeting of the Queensbury Zoning Board of Appeals held Wednesday, June 20, 1984 at 7:30 P.M. Present: Mr. Behr, Mr. Griffin, ~1rs. Goetz, Mr. Turner, Mr. Sicard and Mr. Muller Absent: Mr. Mills The first item on the agenda was the approval of the minutes of the May, 1984 meeting. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively RESOLVED THAT the minutes of the May 16, 1984 meeting are hereby approved. VARIANCE NO. 914 - Benjamin R. Fordyce - to place an inground swimming pool with 14 ft. rear setback in lieu of the required 20 ft. rear setback in Urban residential 10 zone. Chairman noted here that the pool was already in, and the setback already established by thefact that the pool is in. Public Hearing opened and closed. Mr. Dean explained that as ~on as Mr. Fordyce was informed there seemed to be a problem he came right in and applied for the variance. Motion by Mr. Muller, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals approves Variance NO. 914 on the basis that it was not a self-created hardship. He got into the middle of administrative confusion at the time an error was discovered. Approved. VARIANCE NO.915 - Myron S. Rapaport - to place two additions to dwelling with less than the required setbacks from the lake shore off Route 9L, on Lake George. Represented by George Kurosaka (Engineer) Mr. Behr noted that this is already a nonconforming use. Mack Dean explained it would be a pre existing non conforming use and would require a variance. The question of toilet facilities was discussed and Mr. Kurosaka said that this will be discussed in full with the building depart- ment. Public Hearing Open ,---- Charles Adamson, Assembly Point - suggested a delay or possibly this could be tabled as he had concern regarding the septic system. ;) 9~ Page 2 Mr. Kurosake stated that if bathrooms were a problem here, that they would be eliminated altogether. Mr. Sicard noted that the sewer problems are out of this Board's jurisdiction. Mr. Behr - added that if there was a need to redue the septic system then it would have to fall within the requirements. Mr. Dean answered that was correct. Public Hearing closed. Town Planning Board and Warren County Planning Board approved the request. Mr. Muller asked if there was a limitation as to expansion. Mr. Dean answered that any expansion would require a variance. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively, RESOLVED THAT the Queensbury Zoning Board of Appeals approve Variance 915 as the practical difficulty in the terrain has been shown. Approved. VARIANCE NO. 916 - Mayhew Stiles - to construct a garage with 5 ft. rear setback in lieu of the required 20 ft. in highway commercial 15 zone, Rte. 9 north of Peking Restaurant. Represented by Mr. Kurosaka explaining that a 3-bay unit is planned so that Mr. Stiles can do some servicing. Mr. Sicard questioned signing with Mr. Stiles saying that there aren't any on the building now. Mr. Sicard next asked about the working hours with Mr. Stiles answering 8-5 and no weekend hours. Public hearing open and closed. Warren County Planning Board approved with no stipulations or comments. Motion by Mr. Griffin, seconded by Mr. Behr, all voting affirmatively RESOLVED THAT the Queensbury Zoning Board of Appeals hereby approves Variance No. 916 as the practical difficulty in the depty of the lot has been shown. APPROVED. '-' J. 9'7 Page 3 VARIANCE 917 - John Liapes - to operate a Drive-in lunch take out service in an existing building in a light industrial 1 Acrea zone Big Bay Road and Corinth Road. Mrs. Goetz asked Mr. Liapes how long he has owned the property. Mr. Liapes said he bought it at a tax sale last year. Mr. Muller asked if the building could be renovated for light industrial, Mr. Liapes said that he thought so that previously it was a home that people had resided there recently. Mr. Turner asked if anyone has approached him to buy the property for light industrial. Mr. Liapes said he has been approached but not for light industrial. Mr. Behr added that you have to prove a hardship that you cannot get a reasonable return on the property. Mr. Liapes seemed somewhat confused. Mr. Muller interjected that what he was trying to bring out as part of the presentation was that we need to hear some sort of explanation of why the zone that you are 'stuck' with that did have a residence could not be converted, could be your hardship. You think the next best use would be to put in a drive-in. Mr. Griffin asked how big the lot was, Mr. Liapes answered 75 x 220. Mr. Turner asked who was selling used vehicles on the let and Mr. Liapes said his brother. Public hearing opened. Mr. Howard Wendel said he was opposed to this and that since he bought the property all he has had is garage sales and care sales there. If he was going to have a restaurant, he could have cleaned it up. Mrs. Wendel added that additional traffic would be a problem. Motion by Mr. Behr, seconded by Mrs. Goetz, RESOLVED THAT the Queensbury zoning Board of Appeals hereby denies Variance 917 on the basis that the normal required hardships have not been submitted or proved for a use variance. Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard and Mr. Þ,1uller No - None Variance Denied. - t?<9i Page 4 -- VARIANCE NO. 918 - Rustler Steak House - to place a free-standing sign in shopping center in Plaza Commercial 1 Acre Zone 692-700 Upper Glen street. Mr. Behr asked what size the sign would be. Representative answered that it will meet the requirements. Mr. Behr next asked if it would basically be the same as Dunkin Donuts and he said yes. Mr. Behr next asked if the present signs will be taken off the building and he said yes. Mr. Turner asked the setback for the pole. Representative said IS' from the property line. Mrs. Goetz asked if he could tell her what would be removed. Representative said he could have one sign on the building so he would remove two. Public Hearing opened and closed. Warren County Planning Board approved with no comments. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 918 providing he takes down two signs from the building and has a 15' front setback leaving one sign on the building and 1 free standing sign. Must also comply with square footage of the ordinance. Approved. VARIANCE NO. 919 - John J. Walker - to operate a retail outlet for logging supply business in suburban residential 30 zone property situated northwest side Route 149 west of Bay Road. Chairman noted for the record that there was no new information from the last time that this application was heard and he suggested that the Board not hear this application based on no new evidence regarding the hardship. Mr. Walker interjected that he had several affidavits from people in the area in support of his application. Mr. Behr said that one thing we have been trying to get across is that you have to prove the hardship on the property, we are governed by laws and certain conditions. --- d~1 Page 5 Mr. Behr then recommended that the Board not hear the application and that the town refund the second application fee. Mr. Muller noted that he would abstain on this because his partner was the attorney for Mr. Walker. Mr. Walker added that he brought with him a real estate broker and he would introduce him in a few minutes. He then said that one of the prime reasons he chose this area other than for the business end was that his children would remain in the same school district of Lake George and it is to their advantage not to move as well. Mr. Owens came forward and gave the Board a statement which he also read. He then added that in the immediate area there have been two houses on the market for over two years, it is hard to sell residential in that area. Mrs. Goetz added that one suggestion made was that perhaps you should go to the Town Board for re-zoning of the area. The question as to who should be making the application came up again. General feeling it should not have been the applicant but rather it should be the owner, Mr. Beakbane. Wallace Bean, appraiser also spoke about the present value of the property and of the hardship put on Mr. Beakbane. Milton Beakbane, Jr., son of the owner of the property, explained the interest his father had in selling the property. He also stated that his father has a health problem. Selling this as a residential sale would be very hard to do. Public hearing closed. Warren County Planning Board in favor of the application. Mr. Behr asked if in the foreseeable future if he thought he would be back in for a further variance and Mr. Walker said no. Mr. Behr also said he was concerned about the angle of the driveway and general traffic. Motion by Mr. Behr, seconded by Mr. Sicard it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 919 due to the unusual hardship that has been pre- sented in favor of the owner of the property along with the approval of a free standing sign. No repairwork of any kind done on the site with the hours per the application. To operate retail outlet logging supply business with no commercial repair work associated with this business. Yes - Mr. Behr, Mr. Griffin, Mr. Turner and Mr. Sicard No - Mrs. Goetz Abstain - Mr. Muller :2 ðû Page 6 VARIANCE NO. 920 - Glens Falls National Bank and Trust - to place a second free-standing sign at the Queensbury Banking Center showing banking hours. - Resident manager present to represent bank. Mr. Behr asked if this was so that it could be seen when you come in. The respresentative said the purpose was so that people coming into the building can see it from the parking lot. Mrs. Goetz asked if when you come in from Glen street would you have to go to the far end of the lot to see the sign. Representative said that you will see the sign as soon as you come into the lot itself. Mrs. Goetz asked if there was signing on the door. Representative said on the inside door. Public Hearing opened and closed. Warren County Planning Board approved the requst. Motion by Mr. Griffin, seconded by Mr. Turner, all voting affirmatively RESOLVED THAT THE Queensbury Zoning Board of Appeals hereby approves Variance No. 920 as it is a reasonable request. VARIANCE NO. 921 - Donald J. Krebs/Community Workshop, Inc. - to operate a day treatment center in an existing building in Plaza Commercial on Quaker Road north of Dix Avenue. Attorney Robett Stewart represented the applicants. He didn't know if they should have an interpretation . Mrs. Goetz asked where the clinic was located now and Mr. Stewart said on the Boulivard. She then asked if there was a lot of traffic generalted and he said he didn't think so. These people were handi- capped and would be brought there at designated times. Mr. Behr asked also about the amount of traffic coming into the area and Mr. Jones said he thought there would be less than the commercial enterprize there previously. Mr. Behr then asked if there was room in the rear for additional parking and Mr. Jones said there was plenty room in the rear. Mr. Behr then asked how many personnel would be in and out on a regular basis and he answered that there are 28 - 32 people on the staff of the center. Mr. Turner asked if theis was a long term lease and Mr. Krebs answered a 10 year with renewable option. -- Mr. Turner then said that it felt that the operation was more than professional offices. 36 I Page 7 Mr. Stewart explained that the staff consists of therapists and could be treated as professionals. Mr. Muller said that it should be treated as an interpretation so the variance could be dispensed with. INTERPRETATION NO. 27 Understanding what the applicant and the Community Workshop intend to do on the premises, the Community Workshop organization plans for the building can be construed as professional offices and office building use. All voted yes. VARIANCE NO. 922 - Roy Tonnesen and Peter Bailey - construct a retail store with less than the required setback in highway commercial IS zone on east side Route 9 south of Route 149. Peter Baily explained the proposed use of the building. Public Hearing opened and closed. Warren County Planning Board approves request. Mr. Bailey explained why or how the building got situated where it was. The incorrect property line was used at the time a fence was put up. He said he thought at the time the building went up he had more than enough setback but after the survey they all realized they were using the wrong property lines. Mr. Behr showed concern about people doing work and then coming in for a variance such as the request for the pool already before the Board this evening. Motion by Mr. Muller, seconded by Mr. Sicard, all voting affirmatively RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 922 as the applicant has shown practical difficulty, this was not intentionable and a excusable mistake regarding the space between the areas involved. Approved. VARIANCE NO. 923 - Hayner Hoyt Corporation - to construct green- house addition to front of restaurant with 44 ft. front setback in lieu of required 50 ft. (Burker King Restaurant) Mrs. Goetz asked about parking, the representative said the parking would be adequate. '- Mr. Griffin asked if there would be additional seating. Representa- tive said there would be some additional seating along with an internal play area. He then showed pictures to the board of other stores with the same additions. Warren County Planning approved. 3°.J. Page 8 Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 923 as it is a reasonable use of space provided. Approved. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively MEETING ADJOURNED. Approved. ~9~ '-