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1987-12-16 '3~o QUEDSBVIlY ZONING BC).AlD or APPEALS "-" Regular Meeting Held: Wednesday, December 16, 1987 Present: Theodore Turner, Chairman Charles O. Sicard Jeffrey L. Kelley Michael Muller Susan Goetz, Secretary Daniel S. Griffin Gustave Behr R. Case Prime, Counsel Mack Dean, Zoning and Building Code Administrator Mary Jane F. Moeller, Stenographer The meeting was called to order at 7:35 p.m. Mr. Turner announced that Old Business, Use Variance No. 1297 James C. Fish, would be heard at the end of the meeting. Under New Business, Use Variance No. 1318 Richard E. Kilmartin, has been tabled by the applicant. Corrections to the October 21, 1987 minutes were made as follows: Page 4: Mrs. Goetz stated for the record that she MOVED DISAPPROVAL of Use Variance No. 1293, Houseman Auto Sales, Inc.. There was no second. Page 5: Mr. Behr MOVED DISAPPROVAL of Use Variance No. 1294, ..... Page 6: Public Hearing Portion:...Mr. Morris, from South Carolina. Mr. Morris requested.. . should read. .Mr. Morse, who was vacationing in South Carolina. Mr. Morse... Mr. Behr MOVED APPROVAL of the October 21, 1987 minutes as corrected. Seconded by Mrs. Goetz. Passed Uaaaiaously. Corrections to the October 28, 1987 minutes were as follows: Page 1: Sign Variance No. 1286, 3rd regulations; 25 ft. high regulations; 12 ft. high. paragraph. ...Sign Ordinance should read ... Sign Ordinance Page 2: Area Variance No. 1298, 3rd paragraph. The contractor (name unknown) ... should read ... The contractor, Bill Herlihy, ... Mr. Sicard MOVED APPROVAL of the October 28, 1987 minutes as corrected. Seconded by Mrs. Goetz Passed Unanimously. 1 3g9 Corrections to the November 18, 1987 minutes were as follows: ~ Page 1: Area Variance No. 1296, 2nd paragraph. Lake Shore residence ... should read ... Lake Shore residential. Page 2: Area Variance No. 1296. Spelling corrections: Dean Hull... should be ... Dean Howland Philip Morris ... should be ... Philip Morse. Page 3: Use Variance No. 1297, 3rd full paragraph. operated a glass and gun shop ... should read operated a gun shop. . . . who had who had Page 4: Use Variance No. 1297, 2nd full paragraph. ...use on the east of the street ... should read ... use on the west side of the street .... Page 14:Area Variance No. 1309. Hr. Kelley made a MOVED APPROVAL ... should read ... Mr. Kelley MOVED APPROVAL. Page l5:Sign Variance No. 1204, 3rd paragraph. Mr. Prime than MOVED that .... should read ... Mr. Prime then suggested that... Page 15:Sign Variance No. 1204, Appeals shows not to hear Appeals chose not to hear... 4th paragraph. Zoning Board of ... should read ... Zoning Board of Page 17:Sign Variance No. 1204, 4th paragraph. ... exercise more prudence in variances that are ... should read ... exercise more prudence in variance requests that are ... Mrs. Goetz MOVED APPROVAL of the November 18, 1987 minutes. Mr. Muller seconded. Passed _nani.Gusly_ NEW BUSInss SIGB VARIAlCB BO. 1313 Creative Dinettes Mrs. Goetz read the application for Creative Dinettes to maintain existing nonconforming signs at the Old Consumer Auto Building Upper Glen Street, PC-1A. Mr. Norman A. Gu1tz, owner, and Mr. Ken Wheeler, ~ ~r~Rltect, represented the project. 2 3ðJ Mr. Gultz stated that the way the cupola sits on the building, he would like to put a pole with a double-faced sign; however, the problem is that the height would be too high for the building for the sign to be seen from the northern side. The way it is situated now, there is no danger of the signs as they are totally enclosed within the walkway. Mr. Behr reminded Mr. Gultz that, in the Plaza COJlUllercial area, roof signs are not allowed in any place. Hr. Gultz said that one free standing sign is allowed. Mr. Goetz stated not in cOJlUllercial. Mr. Turner asked clarification of owners of the building. Hr. Gultz said Dave Lehman from Hanley Auto Parts out of Saratoga. Further, he said that on October 1st Barry Scott was supposed to be moved over to the northern-most part of the building, but this did not happen. Hr. Gultz wanted to operate a jewelry business and dinette at this spot. Because the move by Hr. Scott did not take place, he had to sell $40,000 worth of jewelry at a discount and substantial loss. Hr. allowed when he jewelry would be Turner reminded again that, for the three stores, there would be one wall sign and one free standing sign. Hr. Gultz said that, met with Hr. Wheeler to do the signs, he informed him that a business and Creative Dinettes would be opened, and Hr. Scott moved to the northern part of the bUilding. Hrs. Goetz said that a sign company usually goes to the Town to find out about regulations. Mr. Gultz said that he told Mr. Wheeler to abide by whatever rules and regulations are in the Town. Be assumed everything was taken care of by Hr. Wheeler. Mr. Wheeler said that one conforming sign has been put over the entrance, which is the longer sign and he believes is conforming. Another sign that he could have for that business at this time would be a wall sign of 30 square feet or one double faced, free hanging sign of 50 square feet per side. There is no location there which is feasible to put up a double-faced sign, so signs were put up on either side of the cupola of 30 square feet a piece. Hr. Behr pointed at that no signs were approved for the roof. Mr. Wheeler said he was not under the impression that it was a roof sign, but that it was a wall sign. What Creative Dinettes is looking for was an approval of a variance for an additional 30 square foot sign on the other side of the cupola. Mr. Wheeler said he did contact the Town and that there was misinter- pretation as to the fact that the cupola was a roof structure and not a wall structure. Under the present conditions the signs have been erected, and he understood that Mr. Gultz would take care of the permits. Hr. Wheeler said that he felt the paperwork had been done. A conversation 15 feet off the standing sign. building is so ing sign would it was approved. continued regarding the fact that the building is not property line and there would be no room for a free It was Mr. Wheeler's interpretation that, because the close to the road and has so little parking, a free stand- be dangerous, even if they had requested the variance and 3 tfDI - Mr. Behr suggested that perhaps a pole could be placed at the corner of the building. Mr. Griffin asked Mr. Wheeler if he had misinterpreted what was told him by the Building Department. Answer: They did not say it was O.K., but the Building Department told him what would be allowed for one and what would be allowed for another. No one told him that the cupola signs would be considered roof signs. There were signs there pre- viously. Mr. Wheeler said he tried to follow the ordinance as close as possible. Mr. Wheeler reiterated again that they are there for a variance request to maintain the signs that are there now, until such a third business is entered at a later date and then signs would be redesigned in conformance. Mr. Behr said that there was another issue that three signs are being requested, and only two are permitted. Mr. Wheeler said that the original intent of the variance was to apply for a third wall sign, as they were under the impression that the cupola sign was a wall sign. Public Hearing Opened: no comment Public Hearing Closed. Mrs. Goetz stated that the Warren County Planning Board disapproved. Mr. Behr MOVED DISAPPROVAL of Sign Variance 1313, Creative Dinettes, inasmuch as there has been no hardship demonstrated and that there are ample other opportunities within the sign ordinance to conform utilizing two wall signs. Mrs. Goetz seconded. Denied .un1aously. ADA VAnAlICI 1314 John Yuet Hon Ling Mrs. Goetz read the application from The Plower Route 9 and Weeks Road, HC-lS, for construction of a S ft. by 8 ft. It will be for emergency use only. the project. Drum Song Restaurant, deck of approximately Mr. Ling represented Mr. Dean stated that the deck is required by law. Mr. Kelley clari- fied that it is the exit that is required by law. Public Hearing Opened: no comment Public Hearing Closed. Mrs. Goetz stated that the Warren County Planning Board approved. 4 ~o~ '-'. Mr. Dean wanted established for the record that the exit was not created during renovation, it was an existing exit and that concrete steps are still there. Mr. Kelley MOVED APPROVAL because the applicant has demonstrated practical difficulty. They are required by law to have the exit and the landing and it infringes on the setback. This is the minimum relief for the problem. Seconded by Mr. Turner. USE VAl.IØCE 1315 Patricia Evans, DVM. Mrs. Goetz read the proposal for a Feline Veterinary Hospital at 108 Main Street, West Glens Falls, HC-15, to include all aspécts of veterinary medicine surgery which involves the housing of cats overnight. Dr. Evans represented the project. Mr. Turner asked if Mr. Merrill (owner) had tried to rent the site as a professional office. Answer: 1 do not know. How long has it been vacant? Answer: Since September. A Board conversation continued as to where veterinary hospitals are allowed and that anyone who wanted to put in a vet hospital would have to come for a variance, no matter what zone it is in. Mr. Prime felt it might be helpful if Dr. Evans would tell the Board a little more about her practice and what procedures she anticipates follow- ing regarding surgery, to make a distinction between treating the animals surgically and boarding the animals. Answer: The most common surgery on cats is to be spade or neutered. This includes general anesthesia, abdom- inal incision, uterus and ovaries removed, sewn back up, recover from anesthesia. She finds it helpful to keep the animals confined in a cage for 24 hours making sure of its recuperation, especially not tearing open stitches. Other procedures are done on male cats, who often have urinary blockages requiring relief of the blockages, and catheters have to be kept in which have to be flushed out on a regular basis. Animals have to receive hospitalization and treatment - perhaps up to a few weeks. Mr. Behr wanted confirmation that there would be no one there overnight. Answer: Correct. Mr. Turner asked about a crematory. Answer: No crematory. Mrs. Goetz asked about boarding cats when owners go away. Answer: There are only going to be seven cages - no boarding. Cages are needed for patients. Mr. Turner asked about expansion. Answer: There would be no expansion in the bUilding. 5 ~) c'-" Mr. Prime said that it should be understood that the application is limited to felines and treatment of cats, no other animals and therè is no intent to board animals. Felines would be treated surgically and then sent home. There is no intent for expansion in any other areas. Dr. Evans said that is her intention at this point. There is no room for expansion. The name will be the North Country Cat Hospital. Mr. Behr stated his concern that, in order to grant the Use Variance, certain conditions have to be met that have always been adhered to, and he wanted to know how to get around the zoning. Hr. Kelley pointed out that there is no zone in the Town of Queensbury for this particular case. He also pointed out that what Dr. Evans plans on doing is very incidental to her profession. She is a professional. He feels that this is the most preferred zone to be in to operate as a professional office. Public Hearing Opened: Mr. Thomas Washburn: He stated that Dr. Evans is a professional. There is in the area a pet shop (sales), but that this is a professional office. Public Hearing Closed. Mrs. Goetz said Warren County Planning Board approved. Mr. Kelley MOVED APPROVAL of Use Variance 1315, Dr. Patricia Evans. The Use Variance has four requirements that have to be met and this is unique in that the veterinary hospital is not allowed in any of the zones. It has been proven that this is a professional office of business and, through interpretation, the Board feels this is an allowable profes- sional' use within the zone where they are trying to locate. Because it is not allowed in any zone, that negates the second test that the property cannot show a reasonable return as zoned. That would happen anywhere in the town. Based on the testimony, it would not be detrimental to the ordinanace. They meet the criteria called forth in that the veterinary hospital is for cats only, and the primary business is for the treatment of cats. The fact that the cats have to stay overnight, is not for boarding reasons but for the result of surgery and medical reasons. There will be no boarding exclusive of surgery. Dr. Evans clarified that there are medical reasons for which cats have to be kept. Sick cats, for example. There are not only surgical cases that will be in the hospital. Seconded by Hr. Behr. Passed uaaBi.ous1y. 6 ~o~ USB VAIlAICB 1316 -- Bay Ridge Voluntary Fire Co. Inc. This is a proposal for Station Number Two volunteer fire company and rescue, Glen Lake Road, across from Rumors, SFR-30. Mr. Turner stated that this is a municipal function and no action by the Zoning Board should be taken. Mr. Prime noted that this is an interesting situation that the zoning ordinance does list fire companies in certain zones, but the prevailing rule is that a fire company, including a volunteer fire company, is performing a municipal function and, because of that, is exempt from the zoning ordinance. Therefore, there is no reason for this Board to hear the application because they are exempt from zoning and are entitled to go where they feel is necessary. It is Mr. Prime's opinion that it would not be appropriate for the Board to hear the application. Mr. Behr requested refund of the money. There was further discussion regarding variances and building permits in this type of situation. Mr. Prime further said that any municipal func- tion in the Town in not subject to zoning ordinance if it is performing a municipal service to the community. Mr. Dean said this is a unique situation. That up until today, he and others looked at volunteer fire companies and other service groups as part of a company. Most people believe that it is separate and apart from the local government. But there are a number of cases like this where they are a quasi municipal government service. The community has to provide protection. Mr. Mueller MOVED that the applicants be refunded their $50 and that this case not be heard, based on the advise of counsel, as the use intended is exempt from the application of the Zoning Ordinance. We would also like to recommend that fire houses be struck from the list of per- mitted uses in the Zoning Ordinance. Seconded by Hr. Turner. Passed unanimously. AlBA VAnABCI NO. 1317 A1 Dardis Mrs. Goetz read the application for the removal of the existing 7 105 -- deteriorating porch and the construction of the addition with a deck at Joshua's Rock, Dunhams Bay, LR-3A. Hr. Dardis represented his project. Hr. Behr asked for clarification of the site location. Hr. Dardis explained that, at the library, turn right and go down the hill. The street is parallel to Route 9L. Hr. Behr wanted to determine that none of the Board may have seen the building. Hr. Turner requested clarification of why the extension is necessary, when there is a porch in existence. The porch is in the front and the extension adds 14 ft.; therefore, that is what violates the setback ruling. Hr. Dardis said that where the porch is now, there is no sun. Whereas if the porch were to be extended, they would get the sun. Hr. Behr asked what was going to be in the new structure. Answer: The existing porch would become a living room. Hr. Behr questioned whether the variance should be postponed, since no Board member actually saw the house. Hessrs. Turner and Griffin felt there was enough information. Hr. Turner again clarified that the pract- ical difficulty was that the Dardis house does not get enough sun. In addition, that what is proposed is to renovate the porch and make that a living room, and put a new deck on, which would violate the setback by 14 ft. He also mentioned that the camp to the north is closer to the lake. Mr. Dardis agreed. Mr. Dardis said that the cottage is one bedroom, with facilities. He also clarified to Mr. Mueller that the Baldwin property is about 20 ft. back from the Dardis property. Hr. Turner said that Hr. Dardis is asking for relief of 14 ft. What exists now is 75 ft. from the lake (from the porch). Hr. Griffin said that the 14 ft. is the peak of the deck, not overall. He did not feel that would be a problem. Public Hearing Opened: no comment Public Rearing Closed. Mrs. Goetz said that the Warren County Planning Board approved. Hr. Griffin HOVED APPROVAL of Area Variance 1317, Al Dardis. The practical difficulty is the present location of the house on the property. This would be a 14 ft. relief from the shoreline and an 8 ft. side setback, both minimum relief request. If the grant is requested, the house would be more advantageously situated for sunlight. The house to the north is much closer to the lake than the proposed deck. Seconded by Mr. Turner. Past unanimously. The meeting was recessed for five minutes. 8 400 NEW BUSlnss "-" USE VARIAlCE NO. 1297 I ~lllR 181 James C. Fish The application is a request 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 business is at Second Street, off Main Street, Corinth Road, HC-15 and UR-10. Mrs. Goetz explained that the application was tabled last month, so that the applicant could bring in more information as to the use of the property and reasonable return proof. Mr. Michael O'Connor, attorney, represented Mr. Fish. Also attending was Mr. Wallace Bean, realtor. Mr. O'Connor reviewed last month's proceedings regarding the move the existing business from one side of the street to the other side of the street. A petition was presented to the Board from all of the adjoining owners indicating no objection to the proposal and that they consented to same. A discussion was held regarding the reasonable rate of return on the property on the east side of the roadway, and Mr. O'Connor said at the time that he indicated that he wanted to have support from his profes- sional point of view, rather than his naked opinion. He asked Mr. Wallace Bean to do an appraisal of the property and to submit his opinion as to whether or not, under the permitted uses on the Zoning Ordinance for this zone, a person could obtain a reasonable rate of return from the property. Mr. Bean, in his report to Mr. O'Connor, indicated that he does not believe that the present ordinance for the present uses do allow a reason- able rate of return. Mr. Bean indicated a fair market value of $32,500, which he arrived at by doing a comparative market study and analysis of comparable properties (see attachments 9A - 9D). Mr. Prime requested identification of the property that was appraised by Mr. Bean. Mr. O'Connor said this was in the report which included a market study analysis, cost replacement analysis, actual cost analysis. On the basis of the three studies, he determined that there is not a reasonable return permitted under the present uses that are provided by the ordinance. Mr. Kelley requested clarification of the $32,500. Mr. O'Connor said that this was for all the property on the east side of Second Street, including the house, garages (2), and vacant lot behind it. Mr. Griffin wanted to know the size of the piece of property. Answer: 172 ft. x 145 ft. Mr. Behr wanted to know how many times he had bought and sold the property. Answer: Bought and sold twice. Mr. Behr mentioned a point in 9 ~---~-- ~~;....ø~ ~ ..",,"~ > 407 December 16, 1987 Michael J. O'Connor, Esq. Re: Property Appraisal Jim's Glass Service 6 Second S-lr"eet West Glens Falls, New York Dear 1"'Ii ke: Pursuant with your request, I have made a careful inspection of the above-captioned property and have made a study of conditions affecting its value. I do not have any present or prospective interest in this property. By reason of this investigation and by virtue of my experience, it is my opinion that the fair market value of the property is: $32,500 (Thirty-Two Thousand Five Hundred Dollars) The above value does include the large garage that was built to house the business. Since the residential zone does not allow him to expand his business, if he was to sell the property, it would be strictly for residential use with very little value being placed on the garage. The only value that would be placed on it would be that of the normal two car garage. The construction cost of the building was $22,000; the cost of the property was $25,000 plus land value of $10,000 for a total cost of $57,000 and a suggested sales price or appraised value of the property at $32,500. The owner has suffered a substantial 105s. Your attention is invited to the attached report which, in pa~t, forms the basis of this value estimate. Appraiser Lie. Real Estate Broker '....1 Sarat0Wf:<ß9~ In .ò O. Boxl:U~ac:;hment So. Glens F~lIs, New York 12801 (518) 798-2100 Wall ace R. Bean, I. A. O. ~ C.I=<. E. A. CfR" - ~ ~ ~ ~ ~ t ~ t d ~ ~ d ~ ~ ~3 ºêfiQitiQn_=_~~ct~t_º~t~_8eecg~~b An appraisal technique in which the market value estimate is predicated upon prices paid in actual market transactions and current listings, the former fixing the ,lower limit of value in a static or advancing market (price-wise), and fixing the higher limit of value in a declining market; and the latter fixing the higher limit in any market. It is a process of correlation and analysis of similar recently sold properties. The reliability of this technique is dependent upon, (a) the degree of comparability of each property with the property under appraisement, (b) the time of the sale, (c) the verification of the sale data, and (d) the absence of unusual conditions affecting the sale. qø ~~ Q§ilQl~lºQ_=_B~ecº1~£~lQQ_çQ§i_eeeCQª5b The cost of construction at current prices of an exact duplicate or replica using the same materials, construction standards, design, layout, and quality of workmanship, embodying all the deficiencies, superadequacies and obsolescence of the subject building. ~~ I I ,i II ~I 11_ II ¡I Ii II 410 º§§çct~tiºQ_ºf_tLº~~ci~ §~o§[ªl Type: commercial building Lot size: .32 acres Square footage: main bldg., glass shop - 1200; cape - 1596 Aqe: 70 Utilities: public water,septic Zoning: residential st~t.!=lr:.iºc Siding: aluminLllTl Roof: asphalt shingle Foundation: concrete block/cement and stone Garage: 2 car detached Landscaping: average Windows: double hung, combination l.~Ü:êr:.!,Qr. Heat: gas, hot air Floors: carpet, inlaid Basement: 50%; 50% crawl Rooms: kitchen, livingroom, dining room, bedroom, bath up - 2 bedrooms s~!;r:.ȧ p("Jrch: enclosed Deck - 12 ).( 8 r," D 411 addition to the reasonable rate of return and that was can the property be '- used as zoned and it is used as zoned. Mr. O'Connor felt the ordinance questions whether you can get a reasonable rate of return from the per- mitted uses. In answer to Mr. Behr's question as to the cost of the garage, Mr. Fish said it was between $7,000 and $8,000. Mr. O'Connor pointed out that the sum was for materials only, because Mr. Fish and others built it without the help of outside contractors. Mr. Bean presented his credentials to the Board. He has been a broker for about 15 years, in the appraisal business for 12 years, was assessor for the Town of Moreau (approximately 4500 parcels), holds a professional designation of assessing. He stated he assesses for the Albany Savings Bank, Northeast Savings Bank, Beneficial Finance, Security Pacific, Chase Lincoln, Chemical City. He clarified that that work was for mortgage purposes. He also does private work - Finch Pruyn, Northern Homes, etc. His office does approximately 1900 appraisals a year. Mr. Bean stated that, given the zoning the way it is, this is a single family residential, a very large two-car garage 30 ft. x 40 ft. He deter- mined that the 30 ft. x 40 ft. structure was a two-car garage because 1) a one-car garage cannot be built for $7,000 and 2) no one is going to pay for a six-car garage, when there are only three bedrooms. Mr. Bean explained that the first three comparab1es were completed by himself and the last five by the Town of Queensbury Assessor (see attached 10E - 10H). Mr. Bean gave the following financial figures: Property purchase (2nd time) $5,000 down, $20,000 at 12% Value - building garage Value - Land Total hardship value $25,000 22,000 10,000 $57,000 If property were sold today as a residential use with two-car garage, Mr. Fish would get $32,500. The house is not in good shape and there is an over-sized two-car garage. Mr. Bean said it was necessary to form a capitalization rate, which is income approach to value. This rate was formed as follows: 1) Property purchase $25,000 2) 12% interest, or 80.8 (80% of value was mortgaged) x .12 = .096. 3) 20% equity position x 6% rate = .012 4) Adding both together a cap rate is formed, which includes residual value to land, residual to building = 10.8%. 5) Rent: ($400/month) $48,000 6) Minus expenses: taxes $(1,007) insurance ( 380) maintenance ( 325) Total $46,200 10 · q · · . I . I I ~ª~t~~_eQª!~§i§ çgmQªCª~!@_~Q~_! Address: 28 Stewart Avenue, Glens Falls Sale price: $38,000 Dat~ of sale: 7/87 Square footage: 1300 Lot size: 50 x 128 Rooms: 5, 2, 1 GarageJ 2 car detached Age: 70 Extras: refrigerator, range, 2 porches Adjustments: + square footage area Total adjustments: - $6,000 Total adjusted sale price: $32,000 çºmQªCª~!§_~º~_~ Address: 5 Oliver street, Glens Falls Sale price: $39,000 Date of sale: 2/87 Square footage: 1400 Lot size: 50 ^ 55 Rooms: 7, 7 0, 1 Garage: 1 car detached Age: 40 Extras: refrigerator, range Adjustments: + square footage area Total adjustments: - $5,000 Total adjusted sale price: $34,000 /O'~ 1 ~ - condition + 1 stall garage condition I I çºm~ªcª9.l~_~º~_~ Address: 8 William Street, Glens Falls Sale price: $35,000 Date of sale: 4/87 Square footage: 1650 Lot size: 50 x 125 RCloms: 7, 4, 1 Gar-"age: no Açl€?: 50 Adjustments: - square footage E:,: tra~::.: open porch, ref r" i get-atc,r, range, di slïwasher Total adjustments: - $2,000 Total adjusted sale price: $33,000 çºm~ªcª~l~_~º~_1 Address: W. Pine Street, Glens Falls Sale price: $32,500 Date of sale: 3/84 Square footage: 1316 Lot size: .30 acre Room~;: 7, 1, 1 Garage: none Age: 47 Adjustment.s: n/a Total adjustments: nla Total adjusted sale price: $32,500 ¡C)' P + gar-age , II, ~IJ' 411 ~ª~t~t_BQª!~§i§ çºmQªr!~!§_~g~_§ Add~ess: S. Main St., Glens Falls Sale p~ice: $27,000 Dat~ of sale: 3/84 Square footage: 1578 Lot size: "18 ac~e Rooms: 6, ~, 1 Garage: detached garage Age: 49 Adjustments: n/a Total adjustments: n/a Total adjusted sale price: $27,000 I ~ . ~ ~ ~ çºmQª~ªºl~_~º~_è Address: S. Main Street, Glens Falls Sale price: $32,000 Date of sale: 6/83 Squa~e footage: 1296 Lot size: .26 acre Rooms: 6, 4, 1 Garage: detached garage Age: 47 Adjustments: n/a Total adjustments: n/a Total adjusted sale price: $32,000 lû'~ ~15 t::! ~r.. t @Í:. _Bo.~ ,!.::L §.!.§ I I I I I i -- . . -- -- . II II çºæQªr~º1§_N.9~_Z Address: N. Garner Street, Glens Falls Sale price: $35,750 Date of sale: 1/85 Square footage: 1296 Lot size: .16 acre Hooms: 9 , ~J, 1 Garage: detached garage Age: 59 Adjustments: nfa Total adjustments: nfa Total adjusted sale price: $35,750 Ç9illQªrªº1§_~º~_ª Address: S. Main Street, Glens Falls Sale price: $40,000 Date of sale: 11/85 Square footage: 1410 Lot size: .41 acre Rooms: 7, ~.::;, 1 ß.:;\r-a(Je: no Age: 47 Adjustments: nfa Total adjustments: nfa Total adjusted sale pr-ice: $40,000 Value through Market Analysis - $32,500 Ib H- 110 "-' 7) Formula: value - net operating income - $27.800 cap rate of .108% This is considered as the reasonable rate of return. Mr. Bean explained that in theory of appraisals the cost approach is always higher (see Page llA). the market analysis is next. and income approach is lower. Mr. Bean feels that his value is there and that Mr. Fish has a definite loss. Mr. O'Connor felt that the figures are conserv- a ti ve . Mr. O'Connor pointed out that, with the investment of $57.000. there is no reasonable rate of return being obtained. nor would Mr. Fish be able to get a reasonable rate of return under permitted uses of the zone. Mr. Bean said he did compute other figures on uses permitted in the zone and figured that the rate of return could possibly go down provided there is a viable project for the area. but he does not believe this use is a viable project. Mr. Bean said he feels the property could be sold for $32.500. Mrs. Goetz asked why Mr. Fish kept buying and selling the property. Mr. Fish said he bought the house years ago. sold the house to payoff the other house. That is when the property across the road was purchased. He rented the house and then sold it. The people who had bought it built another house, and Mr. Fish bought it back from them. -.~ There the $400 rented. looked at was further discussion between Messrs. Bean and Prime regarding rent/month for the house when. in fact. the garage was not Mr. O'Connor stated that the property at this time should be as if it were not being used for business purposes at all. Mrs. Goetz asked how many garages can be built on a piece of property. Mr. Dean stated that there is no limitation on the number of garages. and it is not up to the inspector's office to question the future use. There was further discussion between the Board and Mr. Bean as to the cost of the garage and the cost to renovate it to a home. single family or duplex. Mr. Behr MOVED DENIAL of Use Variance 1297. James C. Fish. as all the criteria for the Use Variance have not been met. Specifically in the Zoning Ordinance Article 10.040 b) 1) which requires a specified unneces- sary hardship. This has not been proven. Plans for the garage were made before the garage was built. This was accomplished by buying the adjacent lot with house and garage. so that the new garage was considered to be an accessory structure to the principle building. which is the above- mentioned purpose. Therefore. there is no proof. The other 1s 3) appli- cation 3). which is not the case. Seconded by Mr. Turner. Mrs. Goetz said that the Warren County Planning Board and the Beautification Committee approved the project (see Page . U B). Mr. Kelley requested to know before a vote was taken as to what rights Mr. Fish has so far as the non-conforming use on the opposite side of the 11 ~\7 Ç.Q?' :!;,,_,Bp..p-t:ºª!;Q Cape..........1596.sq. ft. @ $42.45.. per sq. ft. - $ 67,750 Basement.......704.sq. ft. @ $.8.00.. per sq. ft. '0. $ 5,632 =:: $ 1 ,990 Porches (2) - 228 total sq. ft................... Shed - 10 x 30 = 300 sq. ft...................... = $ 2,000 Garage - 1200 sq. ft. x $16.85 per sq. ft........ - $ 20,220 Site Improvements................................ = $ 10,500 Total Estimated Cost New......................... =:: $108,092 EQ:i§if~l EYoçtigD~l gçgogmiç Less: Depreciation $:38,092.. :!~...O.... $45,000.. - $ 83,092 Depreciated Value of Improvements................ - $ 25,000 L_and Value... ...... .............................. - $ 12,C)()O Indicated Value by Cost Approach................. - $ 37,000 II If --- T,oWN OF QUEENSBURY COMMITTEE FOR COMMUNITY BEAUTIFICATION ~lg ""--' Robert L. Eddy, Chairman 17 Owen Avenue QUeensbury, N. Y. 12801 To. (x) Warren County Planning Board ( ) QUeensburyTownBoard (x) QueensburyT~wn Zoning Board (x) APplicant Mrs . Arthur J . Seney, Secretary, 8 Queensbury Avenue . " Queensbury, N. Y. 12801 Date. 10/12/87 o!Appeals , ~ 1 Re. Variance #1297 James C. Fish Second Street;· WGF We have reviewed the requ~l9t for.. ( xl Variance, () 8i te Plan Review, ( ) Other - andhs.ve the 1'ollowlngtecommendations. (x) Approval ( ) Disapproval ' Applicant presented plans which should result ina great improv- ment to the neighborhood in that he will convert present office and' shop to the original two car garage and construct an office attached . to his garag~ across the street. 'Parking of employees cars will be at the rear of that bul1dingarid a driveway will lead to the parking in th~ rear, thus elimin,ting parking towa.t:d the house to the north which he ownsandrênts to others. Plantings have not. been finalized as yet due to delay of his ' nurseryman. It was sugg~$tedhe",cønsider clusterplant,ing :which would include planting of apyrmidaL,.(such as cedar) surrounded by two low-growing spreading yews . In addition to the above landscaping, screening and planting provisions, the committee wishes to go on record that it does not approve. 1. Non-conforming signs, 2. Plastic or artificial trees, shrubs or flowers. In approving the above . (or ~ttached plans), the Commi tte8 has the expressed or implied agreement ol.'theappl~cantto replace immediately dead trees... shrubs or plants. and, to g1 ve,þ~per maintenance to all plant1ngs. All rubbish containers or dumpster's'l3~ll be screened, all plantings shall be mulched and trees shall be retained or planted~asagreed. ~l:'YZ' Robert L. Eddy, Ch;~an / llZ~ Jf\q \......- street and his entitlement to expand it. There was discussion regarding this. Motion to DIllY va. d4d. 3 Yes (Goetz, Behr, Turner) 4 No (Kelley, Muller, Sicard, Griffin) Mr. Muller MOVED APPROVAL of Use Variance No. 1297, James C. Fish. See motion on Page 13. Before the motion was put to vote, Mr. Behr asked Mr. Dean if Mr. Fish had been denied originally that he coulq not put a garage on the property because it did not have a principle building, and that he had to buy the other piece of property so that he could have the principle building so that he could put the garage up. Mr. Dean answered that his department never said that. Mr. Turner referred to Mr. Dean's letter regarding the accessory structure (see attachment, Page l2A). Hr. Mueller concluded with a statement, not as part of his motion, that these applications are discussed and decided on a case by case basis. Reference was made to Blackmere's application, which had been previously used as an example in this particular case. That applicant did not have the support of the neighborhood, did not offer the opportunity to clean up a pre-existing, non-conforming use over which the Board had little control, and it did not have a piece of property in a different zone. The meeting was adjourned at 9:50 p.m. ~ (LAUA Theodore Turner, Chairman Minutes prepared by Mary Jane F. Moeller, Stenographer '-- 12 Jown 0/ Queenjbup'1 '- Q!)EENSBUR Y TOWN OFFICE BUILDING "'" dU- ~ cItY ,H~ BUILDING AND CODES DEPARTMENT BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801. TELEPHONE: (518) 792-5832 TO: TED TURNER, CHAIRMAN MEMBERS OF ZONING BOARD OF APPEALS FROM: , MACK A. DEAN, ZONING & BUILDING CODE ADMINISTRATOR RE: JAMES FISH VARIANCE #1297 ACCESSORY STRUCTURE In response to the Zoning Boards' request for certain information regarding issuance of a Building Permit in July, 1985 for an accessory structure on an apparent vacant lot, located on the east side of Second St., I submit to you the following information. At the time of application for a building permit for the garage, Mr. Fish indicated he was purchasing the adjacent,lot with an existing dwelling. Both the vacant lot and occupied lot lacked required lot width for the UR-IO Zone and had to be joined together to create a conforming lot (Article 8 Section 8.010 Zoning Ordinance) and, therefore, an accessory structure would be permissible. In addition, said structure may be used to house one commercial vehicle not exceeding H tons G.W., (Article 2 .' Section 2.020-a-42 amend). While the accessory structure is legally existant, the use appears to be non-permissible. 12{þ '" SETTLED 1763. . . HOME OF NAT!JRAL BEAUTY. . . A GOOD PLACE TO LIVE 1d-1 MOTION FOR USE VARIANCE NO. 1297 '"', ,.-;,....- Mr. Muller MOVED that Use Variance 1297, James C. Fish, deserves APPROVAL. The variance requirements are very tough to meet, but they do not substantially change the character of the neighborhood. There has been no opposition from the neighbors. There has been substantial test- imony that the commercial enterprise on the west side would be removed and restored to a residential use. Regarding hardship, it is not entirely a self-imposed hardship because, when Mr. Fish went before the building inspector, he did not hide the use when applying for the permit. The garage is unnecessary for residential use. As fo~ the reasonable rate of return, no expertise was presented in opposition. He also feels that the hardship is the unusually large garage. Approval of this variance would give the Zoning Board a chance to spruce up Second Street. Part of any variance approval would be that Mr. Fish do what he has proposed, which is not to subdivide the easterly parcel in any way, and that it be recited in a deed instrument and be recorded, so that a later purchaser will not be unschool~S1to that requirement. As part of his project, once he has moved his .~from the west side to the east side, he will immediately take all necessary steps to remove all the commercial enterprise from the western side of the road. That the new easterly commercial use, which will be allowed by this variance, will require that all vehicles are parked in the back, and the necessary screening recommended by the Beautification Committee be carried out. A bathroom facility will be provided in the easterly location. Although the variance may have some very technical difficulties in terms of having met all the burdens, it does meet the preamble of the Zoning Ordinance, in terms of not being detrimental to the neighborhood and alleviating what is considered to be the most onorous aspects on the block by moving to the opposite side, and the Board has control over the situ- ation. There will be no future expansion of the building facility, other than what Mr. Fish has proposed in his application, and that there will be no change in use for a number of years. Seconded by Mr. Kelley. Votes: 4 Yes (Kelley, Muller, Sicard, Griffin) 3 No (Turner, Goetz, Behr , , è1 13 , ""-~~-"'/' .