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1987-02-18 ~03 QUEENSBURY ZONING BOARD OF APPEALS Regular Meeting Held: Wednesday, February 18, 1987 Present: Theodore Turner, Chairman Charles O. Sicard Daniel S. Griffin Susan Goetz, Secretary Michael Muller Gustave Behr Stuart F. Mesinger, Senior Town Planner R. Case Prime, Counsel Robert L. Eddy, Sign Enforcement Officer Absent: Jeffrey L. Kelley The meeting was called to order at 7:35 p.m. Variances No. 1139, 1174, 1204, 1205 and 1224 were withdrawn or tabled at the applicants request. Corrections to the January 21, 1987 minutes were as follows: page 2, last line: Mr. Behr "believed it is advertised." page 4, 4th paragraph. Mr. Behr asked whether the franchise could be extended. page 12, 8th paragraph, Variance No. 1207, Mr. Kelley moved approval of area variance not sign variance. Also, under area variance 1209, Mead should be Read. page 13, the applicant sought to create two 26,000 square foot lots from a parcel, not a lot. Mr. Behr MOVED APPROVAL of the January 21, 1987 minutes as corrected. Mr. Sicard seconded. Passed Unanimously. Corrections to the January 26, 1987 minutes were as follows: page 4, should be Mrs. Goetz page 9, setback is 25 feet, not 35. Mr. Sicard MOVED APPROVAL of the January 26, 1987 minutes as corrected. Mr. Turner seconded. Passed Unanimously. "- 1 ~01 '~ OLD BUSINESS SIGN VARIANCE NO. 1133 Howard Johnson's Restaurant Mr. Turner abstained due to a conflict of interest. Mr. Behr acting as Chairman said that Judge Mercure had directed the Board to reconsider this variance as a result of the applicants Article 78 appeal. The Board was not required to take additional testimony, but could simply make a better statement of findings addressing issues raised by the judge. Mrs. Goetz read a statement of findings prepared by Counsel. Mr. Muller MOVED the Board affirm the DENIAL of the variance per the above statement. Mrs. Goetz seconded. Passed 5 yes, 1 abstain (Turner): A copy of the findings are appended to these minutes. Attorney Malcolm O'Hara objected saying the Board had not addressed all issues raised by the Judge. Mr. Prime said this would be for the Judge to review if appealed. The Board had answered all questions raised by the Judge. Mr. Muller noted the Boards interpretation of what constituted a street corner was constrained by the definitions in the ordinance. SIGN VARIANCE NO. 1175 Aviation Road Development Corporation: Red Coach Restaurant Mr. Sicard MOVED that all signs advertising this business be reheard at the March meeting as one application. Mrs. Goetz seconded. Passed Unanimously. SIGN VARIANCE NO. 1195 Grossmans Mrs. Goetz read the application to keep an oversized freestanding sign on Quaker Road at a 0 foot setback. All other nonconforming signs had been removed. '-- 2 )h3 '- Richard Halverson of Grossmans said the sign measured 125 square feet. Other nonconforming signs had been removed. It couldn't be moved to a conforming setback because it would interfere with traffic in the parking lot. A 50 square foot sign would be difficult to read because of the length of the name. Mr. Halverson entered photos of the sign and property. He said they would erect no other signs if this were granted. Mr. Behr said a conforming wall sign would be allowed. The Board has allowed setback variances for other signs on Quaker, but there was no practical difficulty for the size. Other Board members agreed. Public Hearing Opened: no comment Public Hearing Closed. The Warren County Planning Board moved denial of the variance as to size and granted a variance as to setback until Quaker Road is widened. Mr. Turner MOVED that there are feasible alternatives. The sign is granted a variance for the present setback. It must conform as to size and height. Mr. Sicard seconded. Passed Unanimously. SIGN VARIANCE NO. ~ I ~ 11-/ Blacksmith Shop Restaurant Mr. Turner abstained due to a conflict of interest. Mr. Behr, acting as Chairman, said the application was previously tabled because the Board had not reached a majority decision. Attorney Malcolm O'Hara briefly outlined his case to the Board. The entire structure was 95 square feet of which 30 square feet was actual signage. Sixty-four square feet was allowed. A variance from side setback requirements was needed as there was no alternative location. Mrs. Goetz read the previous meeting minutes. Mrs. Goetz MOVED APPROV AL of the oversized freestanding sign with a setback variance of 0-1 feet. Practical difficulty is the traffic pattern in the parking lot. The business isn't visible from the roadway and has no wall sign. Second by Mr. Griffin. Passed 4 yes (Griffin, Goetz, Muller, Behr), 1 no (Sicard), 1 abstain (Turner). - 3 Jlc0 "'-- NEW BUSINESS SIGN VARIANCE NO. 1188 Leo's Lobster Mrs. Goetz read the application to keep a nonconforming roof sign on a restaurant on Route 9. The sign is 32 square feet. It previously received a variance which expired in August 1986. Leo Lombardo said he wished to keep the sign at its present location. Board members said there were other places for conforming signage and no practical difficulty was shown. Public Hearing Opened: no comment Public Hearing Closed. The Warren County Planning Board disapproved. Mr. Griffin MOVED DENIAL. There are feasible alternatives. The applicant is allowed a 50 square foot freestanding sign with a proper setback which he now \ has. He is also allowed a wall sign of 100 square feet. Mrs. Goetz seconded. Passed. Unanimously. SIGN VARIANCE NO. 1206 Alpenhaus Motel Mrs. Goetz read the application to keep an oversized freestanding sign at a motel on Route 9. After much discussion with owner Bill Bodenweiser it was determined that the sign was oversized due to a reader panel. Removal of the panel would leave the sign 2 to 8 feet oversized depending on how measured. All other signs were in conformance as to size and setbacks. Mr. Bodenweiser detailed his efforts to beautify the property and asked for minimal relief on the oversized sign. Public Hearing Opened: no comment Public Hearing Closed. The Warren County Planning Board recommended the sign conform as to size - 4 )07 and remove the reader panel. '-- Mr. Muller MOVED APPROVAL in part. The applicant has demonstrated practical difficulty for the large freestanding Alphehaus sign. Whether measured at 52 or 58 square feet, the relief is a minimal adjustment from the 50 foot requirement. Special circumstances are due to the shape of the sign. Strict application of the ordinance would deprive the applicant of reasonable use of the sign. The variance request is minimal. This is in general harmony with other signs in the neighborhood. Reference is made to Martha's where a similar small deviation from the ordinance was allowed. The variance is in harmony with the intent of the ordinance. The applicant has improved the property by removing many small signs. The applicant failed to demonstrate a practical difficulty for the reader panel which must be removed. Other signs are in compliance with the ordinance. Mr. Sicard seconded. Passed. Unanimously. SIGN VARIANCE NO. 1218 Fort Ann Campgrounds As the applicant wasn't present, Mr. Muller MOVED that the application be TABLED. Second by Mr. Sicard. Passed Unanimously. SIGN VARIANCE NO. 1219 King Service Inc. Mrs. Goetz read the application to keep a freestanding sign at the Kings Market on the corner of Bay and Quaker Roads. Applicant Ted Luce said there were also violations for a flag, which would be removed and a 12 square foot gas price sign which had a variance expire in August. The freestanding sign was 26 square feet and was set back 4 feet from the Bay property line and 10 feet from the Quaker line. Road setbacks were 20 and 25 feet, respectively. Moving the sign would interfere with traffic circulation in the lot. Board members felt the setback request was reasonable and noted that gas stations had previously been allowed 1 twelve square foot gas sign each. Public Hearing Opened: Bill Bodenweiser said the market had done things properly and was reputable. He supported the variance. '-- 5 ;< ,~ )j Public Hearing Closed. The Warren County Planning Board approved the setback variance until Quaker and Bay are widened. A 12 foot gas price sign is also allowed. Mrs. Goetz MOVED APPROVAL of Sign Variance No. 1219 for setbacks until Quaker or Bay Road is widened. Practical difficulty has been demonstrated. A gas price sign of 12 square feet is also allowed. The flag logo sign must be removed. Mr. Griffin seconded. Passed. Unanimously. SIGN VARIANCE NO. 1220 Charpit Mr. Prime said the Board should be aware that the applicant had been cited for these signs and the matter was pending in Town Court. He recommended tabling the application until it is resolved in court. Mrs. Goetz MOVED that application 1220 be TABLED as the matter is now pending in Town Court. Mr. Turner seconded. Passed Unanimously. AREA VARIANCE NO. 1221 H. Russell and Isabelle Harris Mrs. Goetz read the application for area variances on 13 lots in the Rainbow Ridge Subdivision which are 3 to 4 thousand feet short of the current 30,000 square foot requirement. Russell Harris said that power was in and many lots had been built on. It would be impractical to consolidate lots. The variance requested was minimal. Mr. Turner agreed and said the situation was similar to that at Lake Sunnyside Estates. Public Hearing Opened: no comment Public Hearing Closed. Mr. Behr MOVED variance 1221 be APPROVED. Practical difficulty is due to a preexisting nonconforming subdivision. The situation has been brought about due to the time limitation on lots in approved subdivisions. There is no adverse '- 6 ?-09 effect on the neighborhood. Mr. Turner seconded. Passed Unanimously. AREA VARIANCE NO. 1222 Elaine Bissell Mrs. Goetz read the application to create an approximately 3,000 square foot lot in the PC-1 A zone to allow purchase and subdivision of Elaine's Beauty Boutique. Setback variances would also be required. Attorney Jim Cooper represented the applicant. He said the entire property did not total 1 acre and was split zoned. It couldn't be subdivided without a variance. Parking would be off premises by an easement contained in the deed. Parking would be in front of the motel pool. Mrs. Bissell has a practical difficulty in that it would be hard to recover the money she put into this business if forced to leave. Mr. Cooper cited a case from Chestertown in which the courts said practical difficulty was demonstrated simply by inability to subdivide property due to area requirements. Mr. Behr said the hardship was self created by the lease Mrs. Bissell signed. The variance could interfere with future motel expansion plans. Mrs. Bissell said she had a unique service. Parking requirements were light, especially in the evening when motel guests needed parking. Board members felt the main problem was the substantial nature of the request; the lot would be about 8% of the 1 acre requirement. Substantial setback variances (0 feet on one side) were also needed. Mr. Mesinger asked about sewage disposal. Mr. Pelak, owner of the adjacent property, said the septic tank was on his property and there was no easement to it. He was impartial to the variance. Mr. Cooper said there could be cooperation on septic maintenance. Also, the sewer would soon be in this area. Mrs. Bissell said the variance was important to her to maintain her business. Otherwise she will have to move. She will hook up to the sewer. Her parking easement passes over the septic system. Mr. Pelak said the easement was for parking only, not for the septic system. Public Hearing Opened: no comment Public Hearing Closed. The Warren County Planning Board approved. '- 7 ;10 .~. Mr. Cooper again cited the previously mentioned court case. Mr. Prime and Mr. Mesinger expressed skepticism as it seemed to say that proving practical difficulty could be done by entering into a bad business contract. Mr. Muller MOVED DISAPPROV AL. The applicant hasn't proved practical difficulty. The request for a 68 ft. by 50 ft. lot is substantially undersized. The Board is sympathetic to Mrs. Bissell, but the change is substantial relative to the ordinance - 8% of 1 acre. Substantial side and front setback relief would be needed. There is not a dramatic difference in parking. There is concern over septic - no agreement has been demonstrated. The Board has been very mindful of septic concerns and has previously required deeded access to septic systems. The variance is denied due to its substantial nature and failure to prove practical difficulty. Mr. Behr seconded. Passed Unanimously. SIGN VARIANCE NO. 1223 Queensbury Motors Mrs. Goetz read the application to keep 3 oversized freestanding signs on Quaker Road. Other nonconforming signs would be removed. Attorney Richard McLenithan said he had learned just this day that a variance for setbacks on the three signs was granted in 1971. He asked the Board to table the application to allow further legal research. The Board agreed, but discussed the signs. Board members emphasized that the signs would have to conform to size requirements. Mrs. Goetz MOVED that variance no. 1223 be TABLED to research evidence regarding a setback variance granted in 1971 for these signs on this property. Actual sign setbacks also need to be provided. Mr. Turner seconded. Passed Unanimously. The meeting was adjourned at 10:30 p.m. fl /. '? ~~/ /}A1...t"f eodore Turner, Chairman Minutes prepared by Stuart F. Mesinger, Senior Town Planner '-- 8 // J~ '-- aesthetically acceptable th~n a conforming sign. The Howard Johnsons establishment has a very desirable location on Aviation Road and has an additional advantage over other establishments on Aviation Road because of its natio~al it~ntification through its orange roof. 4. The court has asked u~ t( address the question as to why the Howard Johnsons' sign is more obtrusive or aestheti~ally unde- sirable than the signs at The Great Escape, the Mobil Oil Company property, D'Ella Pontiac on Quaker Road and ~artha's on Route 9. Each situation must stand on its own merit and one variance 'does not establish a precedent for another. 5. The Great Escape is an unique amusement business which is operated only during the su~me~ tourist season. There was sub- stantial testim6n:' at its vari~ncp hearing indicating that there was no practical way to advertise the amusement center to' the travelling public, particularly from, the Northway, which is visible but some distance away from the pr0perty, without an over- sized sign. For this reason the Board rulðd t;lat practical diffi- culty had been shown for the on~ over-si~ed sign. 6. The Mobil gas station is on the corner (I' Aviation Road and Glen Street and has practical dif~i~ult~ in locating its signs because of its location and size of property. The variance was allowed for setbacks from the property li~e with respect to a free-standing sign and not as to size. The sign conforms to size and height. 'The situation is unique and quite different from th~ applicant's situation. 7. A variance was granted to D'Ella Pontiac on Quaker Road only for a setback to retain the sign within the county right of way until Quaker Road is widened. :he v~riance is limited in time and does not present the same situation as with Howard Johnsons. 8. Martha's was required to'emove all non-conforming signs. There was substantial testimony received at the'neariny free-standing sign with the rooster logo had ~istorical cance as a community landmark and directiona. guide for The variance authorized the business to retain the sign practical difficulty of identJfication. 9. Finally, with respect to the Howard Johnsons' sign, the Board was of the opinion that the app: icant had failed to prove practical difficul~y for the follo~ing re~sons: that thß signifi- tourists. for the A. Except for the testimony of the applicant's attorney, there was no real evidence that the sign and restaurant were not visible from the NQrth~ay. The tra- ditional orange roof of this Howard Johnsons restaurant is visible from a long distance. T.I€ pr~perty and the sign is on a rise above the Nortoway, ificl~asing the visibility of the premises, so thdre we"e no special cir- cumstances applied to this property with respect to visi- - '- 2 ( ( --:-~/'--<- ?1) :J;~n 0/ QueenJburt¡ '-~ Q!,JEENSBUR Y TOWN OFFICE BUILDING ~ ~ BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 ,ELEPHONE: (518) 792-5832 AVIATION ROAD DEVELOPMENT CORP. d/b/a HOWARD JOHN SONS against QUEENS BURY ZONING ROARD OF APPEALS Findings of Queensbury Zoning Board of Appeals Pursuant to Direction of Memorandum Order of Hon. Thomas "E. Mercure dated December 19, 1986 This ~atter has been sent back to ~he Zoning Board of Appeals by J u d geM ere u r,e for the pur p 0 s e ò f r e r. 0 n sid e i'i n g the Boa r d I S prior determination disapprovi"ng ~arianc~ 1133 for an o¥er-sized sign. We have reviewed the testi~on} of the pr40r hearing of August 27, 1986, and based upon that hearing, as'well as the Board1s individual recollection of the testimony and our knowledge of the sign in question and the location. the BoarL d(~s hereby make the following findings: 1. The prop~rty fronts o~ Aviation Road and is not on a street corner. This Board has beeD consistent in holding that the Northway is not a street as defined in the Sign Ordinance since it is a major non-access interstate highway. , The Northway does not give access to abutting properties. whicn is the definition of a street in the ordinance, and therefore the maximum number of signs allowed on the property is one free-st'nding sign and one wall sig~. 2. The Warren County Planning Board does not have jurisdic- tion or enforcement powers over our Sigr Ordinance. Its review of sign variance applications ar~ a~lthori7.ed for countywide consider- ations and that' Board is r.ot required to apply specific criteria, such as practical difficulties, to each case reviewed. It~ findings are a reccmmendation only and not binding on this Board. This Board can override the County Pl6nning Board1s negative recommendations öy a majority vote plus one. In this instance, this Board1s vote was unanimous. 3. There was no testimony offered by the a~plicant about any other signs along Aviation Road. Rrsed u~on the general intent of the Sign Ordinance and the individual Board wembfr's knjwledge of the area and experience with signs and the aefthetic values that we are striving for througout the Town, it is obvious that a 332 ,square foot sign, 40 feet in height, is more obtrusive and less "-" SFTTI FD 1763... HOMF OF NATIJRAL AFAIJTY , " , A GOO["l PI ACF TO LlVF :273 ',-- bility. There was no evidence ,that'a conforming sign cou I d not prope r I y advert i ~,e the rEi,s tau ra nt a nd attract attention from; the travelling ~f)ublic.' B. In addition, there was no evidence or testimony that a conforming sign would adverse(y affect traffic. The petitioner wanted a larger sign ta adv~rtise four (4) businesses, only pne of which was OJ the property. That is not evidence of" practical difficu~ty. , ,,' c. There was opposition ~xpres~ed at the public hearing to this large over-sized sign which the Board considered in finding that the sign -did adversely affect the neighborhood. The ,sign prese~ted an unfair competi- tive advantage to other establishments on Aviation Road as well as being aestheti'cally unacceptable., In summary, the applicant failed to sustain the burdefl of proving a practical difficulty in needing a substantially over-sized sign instead of.a co.¡form.ng sign. Thus, based upon the above findings 3nd cohsiderations, the Board moves to reaffirm its prio: decision in denying Variance 1133. " " --- 3