1993-03-30 SP
o R I(~YN A l
QUEENS BURY ZONING BOARD OF APPEALS
SPECIAL MEETING
MARCH 30. 1993
INDEX
Area Variance No. 16-1993
Richard & Susan Hartman
1.
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD
AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS
MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES.
QUEENSBURY ZONING BOARD OF APPEALS
SPECIAL MEETING
MARCH 30, 1993
4:30 P.M
MEMBERS PRESENT
THEODORE TURNER, CHAIRMAN
THOMAS PHILO
CHRIS THOMAS
ROBERT KARPELES
FRED CARVIN
MEMBERS ABSENT
JOYCE EGGLESTON
EXECUTIVE DIRECTOR-JAMES MARTIN
PLANNER-ARLYNE RUTHSCHILD
STENOGRAPHER-MARIA GAGLIARDI
NEW Bt}SINESS:
AREA VARIANCE NO. 16-1993 TYPE II LC-10A RICHARD & SUSAN HARTMAN
OWNER: SAME AS ABOVE LOCATION: THUNDERBIRD DRIVE APPLICANT IS
PROPOSING TO CONSTRUCT A SINGLE FAMILY DWELLING WITH AN ATTACHED
GARAGE AND IS SEEKING RELIEF FROM SIDE YARD REGULATIONS AND
REQUIREMENT THAT ALL NONCONFORMING LOTS COMPLY WITH REQUIREMENTS OF
THE REVISED ZONING ORDINANCE. TAX MAP NUMBER: 85-1-24.2 LOT
SIZE: 5 ACRES SECTIONS 179-13C. 179-76C
RICHARD AND SUSAN HARTMAN, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 16-1993, Richard & Susan
Hartman, Meeting Date: March 30, 1993 .. SUMMARY OF PROJECT:
Applicant is proposing to construct a single family dwelling with
an attached garage on a vacant piece of property. CONFORMANCE WITH
USE/AREA REGULATIONS: 1. Applicant is proposing forty-nine and
seventy-six hundredths (49.76) feet for the side yard setback at
the north side of the proposed dwelling and seventy-four and
thirty-five (74.35) feet for the side yard setback at the south
side of the proposed dwelling and is seeking relief of fifty and
twenty-four hundredths (50.24) feet for the north side yard setback
and twenty-five and sixty-five hundredths (25.65) feet for the
south side yard setback as per Section 179-13C, which requires one
hundred (100) feet for the side yard setback in the Land
Conservation Zone. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL
DIFFICULTY WHICH DOES NOT ALLOW PLACEMENT OF A STRUCTURE WHICH
MEETS THE ZONING REQUIREMENTS. The proposed dwelling will be
placed on a long narrow lot which does not permit compliance with
side yard setbacks in the Land Conservation Zone. 2. IS THIS THE
MINIMUM VARIANCE NECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL
DIFFICULTY OR IS THERE ANY OTHER OPTION AVAILABLE WHICH WOULD
REQUIRE NO VARIANCE? It would appear that the relief requested is
the minimum variance necessary to alleviate the specific difficulty
presented by the narrowness of the lot and no other option is
available for the placement of a structure that would require no
variance. 3. WOULD THIS VARIANCE BE DETRIMENTAL TO THE OTHER
PROPERTIES IN THE DISTRICT OR NEIGHBORHOOD? It would appear that
the variance would not be detrimental to other properties in the
district or neighborhood, as this is a mixed zone neighborhood
(SFR-1A. RR-5A, and LC-10A), with a number of single family homes
on nonconforming lots. 4. WHAT ARE THE EFFECTS OF THE VARIANCE ON
PUBLIC FACILITIES OR SERVICES? It would appear that the variance
would not effect public facilities or services. STAFF COMMENTS AND
CONCERNS: Although the lot area and lot width is nonconforming for
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the current regulations, this property was conforming prior to the
current regulations, as it was located in a RR-3A zone and as per
the new regulations, Section 179-76 General Exception to the
Minimum Lot Requirements, states that any conforming lot of record
prior to the 1988 Ordinance shall be deemed as conforming to
required area or minimum lot width requirements of the Ordinance."
MR. TURNER-Do you have any remarks to make?
MR. HARTMAN-No. That covers it.
MR. TURNER-It's pretty clear cut. This was not a lot that was
subdivided after '82. This was a lot that was, it was a lot under
the old '67 Ordinance. So that's why the lot is such as it is,
chopped off an existing piece of parcel that's there, conveyed to
her. Does anyone have any questions? Okay, I'll open the public
hearing.
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. TURNER-Okay. Motion's in order.
MOTION_.._-,!,_º-._ APPROVE AREA VARIANCE NO. 16-1993 RICH~RD ._~ SUSAN"
HARTMAN, Introduced by Theodore Turner who moved for its adoption,
seconded by Chris Thomas:
Grant the applicant 50.24 feet of relief from the north side yard
setback, and 25.65 feet of relief from the south side yard setback,
as per Section 179-13C, which requires 100 feet of relief for the
side yard setback. The practical difficulty is it's a preexisting
lot, and the zone changes placed this lot in a unique situation.
It is the minimum variance allowed for the relief requested. There
is no adverse effect on the neighborhood or the district. and no
one is in opposition or in favor. There are no effects on the
public facilities and services.
Duly adopted this 30th day of March, 1993, by the following vote:
AYES: Mr. Karpeles, Mr. Thomas, Mr. Philo, Mr. Carvin, Mr. Turner
NOES: NONE
ABSENT: Mrs. Eggleston
MR. TURNER-Okay.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED.
Theodore Turner, Chairman
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