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1987-10-21 , 3~O QUEENSBURY ZONING BOARD OF APPEALS '---' Regular Meeting Held: Wednesday, October 21, 1987 at 7:30 p.m. Present: Theodore Turner, Chairman Charles O. Sicard Jeffrey L. Kelley Michael Muller Susan Goetz, Secretary Daniel S. Griffin Gustave Behr Susan E. Davidsen, Planning and Zoning Department R. Case Prime, Counsel The meeting was called to order at 7:35 p.m. Corrections to the August 19, 1987 minutes were made as follows: Page 3: Public Hearing portion: ...that there is no way that they could seen that sign... should be ...~ that sign. - Mr. Kelley MOVED APPROVAL of the August 19, 1987 minutes as corrected. Second by Mrs. Goetz. Passed Unanimously. Corrections to the September 16, 1987 minutes were made as follows: Page 1: Addition to Area Variance No. 1288, Elaina's Beauty Boutique. See attached page as appended to these minutes. Page 3: In the motion regarding Sign Variance No. 1272: ... "The 5 existing signs as proposed...", should read .... "The 5 business signs... II Page 5: Public Hearing Portion of Use Variance No. 1275: Add to the minutes that Mrs. Goetz read an anonymous letter in opposition to the proposed car wash on Quaker Road. Also, a letter from Bob Eddy has been appended to the minutes that note corrections to the September 16 minutes. Mr. Behr MOVED APPROVAL of the September 16, 1987 minutes as corrected. Second by Mrs. Goetz. Passed. Unanimously. 1 301 -----~._--,-_.._------~.._..,..,--,., (Corrected 1st paragraph) j __ ;1) - C'L4'-~IIÑL M t:li7 f'tS: f; Z ß /! /1/111#5 f r ¡íG I'Y '---' B tYro Behr announced that under new business tfuat Area Variance No. 1288, Elaina's eau y Boutique will not be heard this evening. There are restrictive covenants in the deed, but this is a civil matter, and would not normally prevent hearing a use variance request. The property, however, is part of the Hillcrest_ Subdivision, on which lots had restrictive covenants. The Subdivision to be kept residential. When the Northway was developed, the subdivision was split as a result. Lot number one which,ii s the lot in question is on the west side of the Northway. It is still part of the restrictive covenants. ~. Prime stated that he researched the matter and found that as a result of a "Howe Owners" suit some years ago, the property is restrained from use for commercial purposes; this is per a court judgement on record. Because of the language in the court decision, the Board cannot address the issue of changing the use of the property as zoned. The lot is perpetually dedicated to residential purposes. (To be added to end of 3rd paragraph) , so that applicant can deterIPine if the "Court Order" can be reversed. " 3(P^ Jown 01 QueeniJu;'1 Q!)EENSBUR Y TOWN OFFICE BUILDING ~ ~ '-- BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 Gus, Re: September Zoning Board Minutes You frequently are the one that spots errors in Zoning Board minutes. Here are some errors I noted in the September minutes: 1. Page 4. - It should be Gene Choppa He is an architect with Rist Frost - not the State of N.Y. 2. Page letter from September 8 letter, copy 5. - Paragraph 11 - Mrs. Goetz read the wrong the Beautification Committee. Letter of was rescinded and replaced by a subsquent of which Gene Choppa furnished her. Si,!!.c.e.relY, ~?~ Robert ,L. Eddy SETTLED 1763. . . HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE 3luJ NEW BUSINESS AREA VARIANCE NO. 129Z Silver Nail Construction Mrs. Goetz read the application to construct a single family dwelling by replacing a portion of a structure that had previously been destroyed by fire. All boundaries and setbacks will not be changed from the previous structure on the property situated on the corner of Rockwell Road and Lake Sunnyside in a Suburban Residential 30 zone. Mr. Toomey represented Silver Nail Construction. Mr. Turner asked Mr. Toomey if he had a survey for the property. Mr. Turner was concerned on whether or not this could be on County property. Mr. Toomey didn't know. Mr. Behr asked when the fire had occurred. Mr. Toomey said 1 year and 2 months ago. Mr. Griffin asked if they were 9 ft. to the edge of the road. Mr. Toomey said yes, they are 9 ft. to the skirt of the road. Mr. Turner asked what portion he intended to utilize. Mr. Toomey said all of that which is mentioned on the application. Mr. Griffin asked if the septic system was located across the road. Mr. Toomey said yes. Mr. Prime questioned how a septic system could go under a public road; how is this so? Mr. Kelley talked about the "L" shape of the lot. Mr. Toomey said the front part of the structure will be renovated. He said it's his intention to put up a garage up to that point. Mr. Griffin said that a 4,350 sq. ft. house is a big house. Mr. Prime expressed his concern regarding the issue of setbacks and their impact upon the lake. Mr. Griffin asked if he had considered another location on the lot. Mr. Toomey said it would cost too much money. Mrs. Goetz was concerned about whether or not the 9 ft. is in the County right of way. She said that the visibility is good now but wouldn't be anymore if a house was put up. Board members were agreement that the building has lost its rights because of the fire and the time limit on it for being rebuilt. Mr. Muller said the applicant must show practical difficulty. Mr. Turner MOVED to TABLE Area Variance No. 1292, Silver Nail Construction 2 3k?~ for further information requested by the Board. "-- Second by Mrs. Goetz. Mr. Prime asked if there should be a public hearing. Mr. Turner said yes. Public Hearing Opened: Mrs. Carl Toomey, neighbor, north side of Sunnyside Road stated that she was in support of the application. She would like to see them rebuild on the present foundation. Maureen Billings, neighbor, stated her concerns regarding the septic system. She is concerned since her well is nearby. She stated for the record that she is in favor of the application. Public Hearing Closed. Warren County Planning Board disapproved without comment. The applicant requested to be TABLED so that he may obtain more specific information that can be supplied for the Zoning Board of Appeals (survey, septic locations, etc.). USE VARIANCE NO. 1293 Houseman Auto Sales, Inc. Mrs. Goetz read the application to use the existing building (formerly the Inside Edge Ski Shop) for automobile sales and service on the property situated at 620 Glen Street. on the Queensbury/Glens Falls line in a Plaza Commercial lA zone. Attorney Dennis Phillips represented Houseman Auto Sales, Inc. He stated that Robert Merrill is the proposed leasee. He stated that the building was originally designed for automobile sales. The building was constructed in 1960 for this purpose. He stated that he is asking for "restoration" of what use to be. Mr. Phillips talked about the improvements that would be made to the building. The building would be "smart looking" and improve the integrity of the neighborhood. He talked about the parking plan. Mr. Phillips submitted an affidavit to the Board. It was read into the record. Paragraph four was especially noted for the record. "Mary Furie, being duly sworn, deposes and says: That I request that the use variance be granted as applied for for the following reasons: (a) Unless the variance application is granted, the Estate and Corporation will suffer an unnecessary economic hardship in that the property cannot otherwise yield a reasonable return if the Property is used only for the purpose allowed in a PC-IA zone. The Estate and the Corporation have the long-term goal of holding the Property as an appreciating capital asset, taking into account the positive economic climate in the Town of Queensbury and Warren County, and the only way the Estate and Corporation can achieve a reasonable rate of return for the Property is to lease it to a viable business enterprise willing to utilize the Property in its "as is" condition. The building on the Property is 3 305 ',- uniquely designed for an automotive business -- showroom, back garage space, cavernous rooms for automobile repair, back parking lot, etc. -- so it has been exceedingly difficult to attract and retain businesses otherwise allowed in a PC-1A zone. For example, the Inside Edge Ski Shop chose not to continue its lease after approximately 10 years on the Property, and more recently the Office Furniture Clearance Center occupied the Property for a very short period of time pursuant to a month-to month arrangement. The building was not that desirable for the Office Furniture Clearance and the nature of that business was not very compatible with the surrounding neighborhood. The proposed use will allow the Estate and Corporation to cover the expenses of insurance, taxes, depreciation, maintenance and repair on a more stable and predictable basis and at the same time produce a reasonable return on the investment the Estate and Corporation have in the Property." Mr. Merrill submitted a signed consent form from neighbors that stated that they "I have personally spoken to Robert J. Merrill with respect to his plans for the building at 624 Glen Street and I consént to his application for a variance from the Zoning Board." Public Hearing Opened: Mary Arthur Bebee, neighbor, spoke in opposition to the proposal. She said that the applicant has not met the four criteria necessary for approving this variance request. She stated that the business could be put elsewhere. She felt that a used car lot in that location would be detrimental to the neighborhood. Public Hearing Closed. The Beautification Committee approved. Warren County Planning Board's recommendation was to modify with conditions. "Applicant agreed to modifying parking plan in front of and along south side of building to address Board's concerns about too many display cars in front of business and not enough spaces designated for customer parking. Also would address traffic flow around building. No numbers were discussed - to be determined by Zoning Board of Appeals." Mr. Muller MOVED APPROVAL of Use Variance No. 1293, Houseman Auto Sales, Inc. See motion as transcribed on the next following page. USE VARIANCE NO. 1294 Gary R. Sheerer Mrs. Goetz read the application to use existing rental house and garage as an automotive repair shop on the property situated at 28 Luzerne Road in an Urban Residential 10 zone. Mr. Sheerer represented himself. 4 ?;lof.J MOTION AS TRANSCRIBED Mr. Muller MOVED APPROVAL of Use Variance No. 1293, Houseman Auto Sales, '-. Inc. The applicant Robert J. Merrill has demonstrated to the Zoning Board's satisfaction that on the reasonable return question, in utilizing this property consistent with the zoning, I believe that that is the point of the argument, that the building is best sUited for the use that Mr. Merrill proposes. But I also feel, in cognizánt of the building in its most recent use (car sales from the year 1947 to 1968) and that is, that it just has not seemed to have a use that has been with any reasonable return that has been consistent with the zoning, I have noticed that it has been used to its fullest with all sorts of uses that are inconsistent with the zoning. Mr. Jacobs had manufacturing in there, United Parcel had what I considered to be light industrial or warehousing, and I'm not really sure whether they even bothered to get a permit to be in there. So, that the uses have been pretty much reasonable returns on that particular piece of property rarely have been consistent with the zone and that those that have been most recently, the furniture store, I honestly can't tell you if I know it's in there now, but just doesn't seem to be a thriving situation there. I was unhappy with the way it looked and there wasn't a lot of traffic around there; that I particularly noticed. I think that circumstances with this particular piece of property' are unique and not due to the unreasonableness of the Ordinance. The uniqueness of the' property is that it has the big door, it has thè facility for garages and it was designed with a showroom in front of it for something; some large retail object like an automobile. And when it comes to the issue of does this have an adverse effect upon the neighborhood on the cognizance of what Mrs. Beebe has said, I have to admit that I understand, I believe that I understand the neighborhood there, she lives on that portion of the area which is in close proximity but it's exclusively residential. And when we go out to Glen Street, what we find is right up to the boundary line is where heavy commercial uses - some consistent with plaza commercial and some inconsistent with plaza commercial; some predating - so that I'm not making the argument here that what Mr. Merrill proposes is going to be good to the neighborhood - I think his project is good, I like what he proposes but it does not, in my opinion, have an adverse effect on Glen Street. I see' this as being consistent with what is presently on Glen Street. I think that Mr. Merrill's proposed parking plan - and I was uncertain, as we finalize this thing, what was a satisfactory parking plan. Admittedly, I have two concerns, and I want to leave this open for discussion on the motion and that is that I don't want a lot of parking on Glen Street and I was uncertain as to what he had finally offered, that was the one issue and the other one was that if we granted this variance, I wa,s uncertain as to what the powers of this Board were so far as to granting a variance extending only to this applicant for his use as he has proposed so long as he leases it. Mr. Behr said that before he seconded that motion, there should be three things that should be in it. 1.) The variance would be only f.or the duration of the period that Mr. Merrill would operate the business. 2.) We stipulate what the parking should· be in front so that, not either by guess on what's going to be there, so that there would be easy egress and ingress on that property without creating any problem traffic problems. 3.) There will be a buffer by trees or shrubs or some.thing between there and the park. The applicant will comply with the Beautification Committ'ees recommendations. There will be one row of display cars parked perpendicular to the building and not to extend further than 10 ft. of the two sides of the building. Second by Mr. Behr. Passed 6 yes (Turner. Sicard. Griffin. Muller. Behr. Kelley). 1 DO (Goetz). LfPr )101 Mr. Turner stated that it was all residential on his side of the street. Basically it's '-.. all families. Board members were in agreement that this was not a good idea. Public Hearing Opened: Willie Hayes, neighbor on the east side, expressed his concern regarding problems with snow removal in the winter season. Joseph Viger, neighbor, spoke in objection to the proposal. He said he opposed because it's residential in the area. Public Hearing Closed. Mrs. Goetz read correspondence from Richard Albert of 14 Luzerne Road, Glens Falls. The letter stated his reasons why he objected. The Beautification Committee disapproved. Mr. Turner asked what the hours of business would be. Mr. Sheerer said he would be opened a couple of hours in the evening and open on Saturdays and Sundays. "J>ISM?;:>RoV~L @. Mr. Behr MOVED--APPROV At of Use Variance No. 1294, Gary R. Sheerer. The four criteria required for a use variance to be granted has not been indicated in this particular application. In granting this variance, it would be detrimental to the neighborhood; the proposed use could expand easily. Mr. Turner seconded. Passed Unanimously. AREA VARIANCE NO. 1295 Sol Spahn Mrs. Goetz read the application to construct a single family dwelling with 12 ft. side setbacks in lieu of the required 15 ft. for each side on the property situated at 9 Parkview Avenue in a Single Family Residential 10 zone. Mr. Spahn represented himself. He stated that parking would be in the rear. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board approved. Mr. BEHR MOVED APPROVAL of Area Variance No. 1295, Sol Spahn. This is a preexisting substandard lot. The only request is for 3 ft. on each side for side setbacks. Mr. Griffin seconded. Passed UUaJlimously. 5 3b'"6 - AREA VARIANCE NO. 1296 Leo and Ruth Phaff Mrs. Goetz read the application to construct a garage with a front setback of 7 ft. and a left side setback of 5 ft. on the property situated on Assembly Point in a Lakeshore Residential lA zone. Mr. Phaff represented himself. He said that the garage will be single story and will have the same finish as the house. Public Hearing Opened: Attorney John Lapper represented a neighbor, Mr. Morris, from South Carolina. Mr. Morris requested to have the application tabled so that he could express his opinion. Mr. Turner agreed to this request. Mr. Turner MOVED to TABLED Area Variance No. 1296, Leo and Ruth Phaff to get more information on possible placement of garage as pertaining to the septic system. The Zoning Board needs more information on dimensions. Passed 5 yes (Turner, Goetz, Sicard, Muller, Kelley), 2 no (Griffin, Behr). USE VARIANCE NO. 1297 /0 J;}I }91 James C. Fish Mrs. Goetz read the application to operate an office and shop for glass business. To move the glass business from its present location to a larger structure, located on the property directly across the street. The property is located on Second Street, off Main Street, Corinth Road in a Highway Commercial 15 and Urban Residential 10 zones. Board Members agreed that he couldn't get a building permit for a garage without a principle building on the property. Mr. Behr asked Mr. Fish if he was outgrowing his business. Mr. Behr felt that this would be enlarging a nonconforming use. Mr. Fish stated that he has 7 people on his payroll. Mr. Behr said that the Board needs to find out if the garage is allowable there. He said that he needed a use variance to start out there and now he's asking for another use variance. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board approved. 6 3tJ1 '-- The Beautification Committee approved. Mr. Behr MOVED to TABLE Use Variance No. 1297, James C. Fish to find out how the garage was issued a Building Permit in the first place. Second by Mrs. Goetz. Passed UDanimously. AREA VARIANCE NO. 1299 Douglas Kenyon Mrs. Goetz read the application to construct a porch addition to existing house which will be 4 ft. less than the required 15 ft. side setback. Adding the porch would result in an 11 ft. side setback on the property situated at 27 Glenwood Avenue in a Single Family Residential 10 zone. Mr. Kenyon represented himself. He stated that a building permit was issued and plans were approved. The porch imposes upon the setback. The building permit did not show the porch. Mr. Prime asked the applicant for a statement from Mr. Robert LaRose that would state that he has no objections to the 11 ft. setback which would be on his line. Public Hearing Opened: no comment Public Hearing Closed. Mr. Muller MOVED APPROVAL of Area Variance No. 1299, Douglas L. Kenyon. The applicant has demonstrated practical difficulty. This is supported by his application for an 11 ft. side setback instead of the required 15 ft. Before advancement on this project, a written statement by Mr. LaRose must be submitted stating that he does not object to this. Second by Mr. Sicard. Passed UDanimously. The meeting was adjourned at 11:45 p.m. j//~ ~ Theodore Turner, Chairman 7