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1985-07-17 c:<~ Regular meeting of the Queensbury Zoning Board of Appeals held July 17, 1985 at 7:30 P.M. \",...i Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard and Mr. Muller Absent: None The meeting was called to order by the Chairman. The first item on the agenda was the approval of the minutes of the June 1985 meeting. It was suggested that the minutes wait for approval until the end of the meeting as the wording of one of the resolutions was questioned. OLD BUSINESS VARIANCE NO. 977 - Rehearing - Louis J. Russell, Sr. - wants to rent property for boat storage, rent garage for storage or business in a Rural Residential 3 acre zone- property situated west side French Mountain Drive off Route l49. Attorney John Richards represented Mr. Russell. He mentioned that this was essentially the same type of storage as that of the previous owner. This property has been used the same way for 20 some years. He mentioned that it was his feeling that a variance is not necessary. These people purchased this property as a commercial property, they were totally innocent that they could not use this commercially. Because of its previous use I do not feel that there would be any adverse impact on the neighborhood. These plans would greatly improve the area. The neighbors have no objection. One neighbor, Mr. Massey, is here tonight in support of the request. Mr. Behr mentioned that when Mr. Russell purchased the property it was his attorneys place to point out the fact that this was not for a commercial operation. / Mr. Sicard asked how long it was used like this by previous owner. Mr. RicharĊ“answered approximately 20 years. Mr. Muller asked if the boats would be in or outdoors. Mr. Richards answered most would be out but some would be inside. Mr. Turner questioned maintenance don~ on boats. Mr. Richards said they were all new boats. Mr. Turner questioned the running of motors. Mr. Russell said they would not be running motors there. The question of grandfather clause was discussed. Mr. Dean mentioned these are similar uses in as much as the garage on this property was·:~used for service there is some question as to ~. whether it could continue to be used for servicing. Page 2 Zoning J.0 -....J Mr. Muller added that it must be the same use to be grandfathered. It was my feeling this was similar but somewhat different. Is it your interpretation that they might be able to service inside the building. Mr. Dean answered yes. Public Hearing opened. Mr. Robert H. Massey said they had no objection for the use for the storage of boats. Two (2) letters read basically in support of request. Motion by Mr. Turner, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance No. 977 be approved as strict application of the ordinance would result in an unspecified unnecessary hardship to the applicant under which he would have no control. Property cannot yield reasonabLe return if used as zoned and variance is necessary for property line of the applicant and the variance would not be detrimental to the property in the area. This variance will terminate upon the sale or termination of use. No tra~sfer of variance to another family member will be allowed and screening will be installed by the applicant. Approved. VARIANCE NO. 1005 -Jeffrey L. Kelley - to place a swimming pool in the side yard in lieu of required rear yard placement in Urban Residential 10 zone located Meadowbrook Road. Mr. Kelley represented himself. Mr. Kelley indicated that they would enclose the area with a 6 ft. high fence that would be stained similar to the color of their house. Mr. Sicard asked what type of pool he was planning, Mr. Kelley said it would be 17 x 34 inground pool Public Hearing Opened Mr. James Coc1anis was basically against the pool itself. His main concern was concerning the drainage and runoff. Spring runoff especially is of major concern. Mr. Gray had no objections to the pool itself but had basically the same concerns about drainage and runoff as Mr. Coclanis. Warren County Planning Board approved. "---- Public Hearing closed. r-- i I I I I ! Page 3 Zoning ~1 ----- Motion by Mr. Muller, seconded by Mr. Sicard, all voting affirmatively, it was /j RESOLVED THAT Variance 1005 be approved, the applicant has shown a practical difficulty in that no available space for the pool to the rear which would conform to the ordinance. Approved. VARIANCE NO. 1006 - Claire Guimond - to divide parcel of land creating two lots each with less than the required 30,000 sq. ft. in a Single Family Residential 30 Zone :... property situated east side Montray Road north of Sweet Road. Ms. Guimond represented herself. Ms. Guimond explained the reasoning for doing this was to move her mobil home there permanently. If she had to move it elsewhere she would have a problem as it does not comply with the new standards. Public Hearing opened. Mr. Nelson, owner of the property, said he would like to sell because of his present health conditions. Mr. Muller asked Ms. Guimond if she owned the trailer and she said that she did. Mr. Muller then asked if the agreement with Mr. Nelson was that you buy the property the trailer is now on and she said yes. Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively it was RESOLVED THAT Variance 1006 be approved. Practical difficulty is that this is an older home and wouldn't be accepted into another park. This is a well-maintained but older mobile home. This variance is for this owner only. VARIANCE NO. l007 - Queensbury Storage - to operate business for storage of boat trailers, camper trailers and boats in Rural Residential 5 Acre Zone on the property located south side Route 149 west of Ridge Road. Warren County Planning Board suggested no boats stored on trailers, no right turns from the driveway. Mr. Sicard asked if they were connected in any way with a marina, representative said no. \-.. Page 4 Zoning ~J c Mr. Behr asked if ,he had any idea how many boates. Representative said their intent is to have entirely trailers and that there is room for about 80 trailers. Mr. Behr next asked if traffic could come in from the east and he said no problem with that. Mr. Turner asked if camping trailers would be there and he said yes for storage only. Representative said they will probably stipulate to their customers that anything stored there if it should become for sale be moved off the property. Mr. Griffin asked if any of the property bordered Zoli property and he said no. Mr. Griffin next asked if there was access to Ridge from the rear and he said no. Public Hearing opened John T. Whalen - letter in opposition read into record. Public Hearing closed. Warren County recommended only empty trailers be allowed. Motion by Mr. Turner, seconded by Mr. Behr,all voting affirmativeìY, it was RESOLVED THAT Variance No. 1007 be approved. Unnecessary hardship due to commercial development of Queensbury Country Club, no reasonable return as zoned. Only empty trailers in summer and camper trailers in winter allowed. No sale of items on the property. Traffic ingress from East and egress from East. Variance will terminate with sale of the property. Approved. VARIANCE NO. 1008 - Robert Lockwood - to construct detached garage with 7 ft. side setback in lièu of required 15 ft. in Single Family Residential 30 zone. Property situated Hall Road, Glen Lake. Mr. Lockwood represented himself. No questions from Board. Public hearing opened and closed. " Warren County Planning Board approved. J9 Page 5 Zoning Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance No. 1008 be approved the applicant has demonstrated practical difficulty, as there is no other area to locate the garage on the lot. Approved. VARIANCE NO. 1009 ~ Arthur J. Buckley - to remove existing camp and construct one-family dwelling at same front setback from Lakeshore and with 16 ft. and 10 ft. side setbacks in lieu of the required 30 ft. combined side setbacks in Lakeshore Residential 1 Acre property Hillman Road and on Lake George. Mr. Buckley represented himself. Mr. Buckley mentioned that he couldn't possibly comply with 30' setback. Mr. Turner asked if there would be any problem with drainage. Mr. Buckley said there shouldn't be any. He added that they are planning to have a full basement. This has already been approved by other necessary agencies. Public Hearing opened. Attorney Robert Stewart represented Mr. Charles Locke. He said they had no objection to what is proposed but they questioned the water drainage. He questioned the amount of fill into the area to allow an 8' basement. Mr. Stewart added that they were not requesting that the Board disapprove what they were asking was that this be tabled and ask the applicant to come back with a complete set of plans. Mr. Turner asked the name of the contractor involved. Mr. Buckley answered Joel Clugstone. Mr. Turner said that they should have something from the contractor stating just what he intends to do. There is a definate problem in this area. Warren County Planning Board approved. Public Hearing closed. Motion by Mr. Turner, seconded by ~1rs. Goetz, all voting affirmatively, it was RESOLVED THAT Variance No. 1009 be tabled to enable the contractor to provide plans to include run-off solutions for the area and whatever changes are to be made in the terrain due to the construction. Tabled. r \ '......_,> r < -.J 30 Page 6 Zoning Discussion regarding the approval of the minutes. Variance No. 1004 - corrected Variance No. 1001 - corrected - to use pre-exists the ordinance. Motion by Mrs. Goetz, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT the minutes of the June, 1985 meeting are approved as corrected. Approved. Motion by Mr. Sicard, seconded by Mr. Behr, all voting affirmatively, RESOLVED THAT the meeting adjourn. ~tß~ Ç¿þrÆ4 Chairman