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1996-11-06 SP (__1 I GIN A L QUEENS BURY ZONING BOARD OF APPEALS SPECIAL MEETING NOVEMBER 6, 1996 INDEX Area Variance No. 99-1996 Tax Map No. 128-9-31.2 Donald L. Dean, Jr. 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. '---' -- (Queens bury ZBA Meeting 11/6/96) QUEENS BURY ZONING BOARD OF APPEALS SPECIAL MEETING NOVEMBER 6, 1996 4:00 P.M. MEMBERS PRESENT CHRIS THOMAS, CHAIRMAN BONNIE LAPHAM, SECRETARY WILLIAM GREEN LOUIS STONE DONALD 0' LEARY ROBERT KARPELES PLANNER-SUSAN CIPPERLY BUILDING AND CODE ENFORCEMENT-DAVID HATIN, DIRECTOR STENOGRAPHER-MARIA GAGLIARDI NEW BUSINESS: AREA VARIANCE NO. 99-1996 TYPE II MR-S MOBILE HOME OVERLAY ZONE DONALD L. DEAN, JR. OWNER: SAME AS ABOVE 30 RHODE ISLAND AVENUE APPLICANT IS PROPOSING TO LOCATE A MOBILE HOME ON A LOT ON RHODE ISLAND AVENUE. THE APPLICANT IS SEEKING RELIEF FROM THE FRONT YARD SETBACK REQUIREMENTS OF SECTION 179-18, MR-5 (MULTIFAMILY RESIDENTIAL) DISTRICT. TAX MAP NO. 128-9-31.2 LOT SIZE: 0.24 ACRES SECTION 179-18 DONALD DEAN, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 99-1996, Donald Dean, Jr., Meeting Date: November 6, 1996 "APPLICANT: Donald Dean PROJECT LOCATION: 30 Rhode Island Ave. Proposed Project and Conformance with the Ordinance: The applicant is proposing to locate a mobile home on a lot on Rhode Island Avenue. The new location of the mobile home would not conform to the front yard setbacks of the MR- 5 district. Criteria for considering an Area Variance, according to Chapter 267, Town Law. 1. Benefit to the applicant: Relief would allow the applicant to place a mobile home on a lot within a Mobile Home Overlay Zone. 2. Feasible alternatives: The location of the existing septic system limits feasible alternatives at this location. 3. Is this relief substantial relative to the Ordinance? The applicant is seeking 14 feet of front setback relief. 4. Effects on the neighborhood or community? No negative impacts are expected with this application for relief. 5. Is this difficulty self created? The location of the existing septic also makes it difficult for any home to meet the required front yard setback. Staff Comments & Concerns: Staff believes this request would benefit the applicant and at the same time not present any major threats to the health, safety and welfare of the surrounding neighborhood. SEQR: Type II, no further action required." MR. THOMAS-Mr. Dean, is there anything you want to add to the application? MR. DEAN-No. MR. THOMAS-Does anybody have any questions for the applicant? MR. STONE-Yes. The old mobile home was perpendicular to the street and this is going to be parallel? MR. DEAN-Yes. - 1 - (Queensbury ZBA Meeting 11/6/96) MR. STONE- It is going to be parallel, and the other one was perpendicular? MR. DEAN-Yes. MR. THOMAS-Does anyone else have any questions for the applicant? MR. GREEN-This septic system drawn on your map, that's the existing system that's there? MR. DEAN-Yes. MR. GREEN-Are you going to have to move that to put your home over where you want it? MR. DEAN-We have to move the D Box back and run two lines. Other than that, it should be all right. MR. THOMAS-That's why I asked Dave Hatin to be here, to explain what has to be done to the septic system in order to make it conform. So, if Mr. Hatin would tell us. That's the only question I've got. MR. HATIN-This is the first time I've really had a chance to sit down and look at this. I know I've talked to Mr. Dean before. From what we see here, we can make the system fit. He doesn't have any open foundations. They're all frost walls on the garage, and I believe that might even be on a slab, if I rememb~r right. MR. DEAN-Yes. MR. HATIN-So he doesn't have a foundation, which is typically a problem where you have to have 10 foot separation. So the only separation he has to meet is the 10 foot to the property line, and I believe he can make that. MR. THOMAS-Is he going to have to put in a new Distribution Box? MR. HATIN-It depends on the shape of the existing one and where the holes line up with the new field. MR. THOMAS-Is he going to have to move it? MR. HATIN-He may have to move it. He may be able to use it as it is. We have to open up the D Box to find that out. I can't answer that. MR. THOMAS-Okay. What about the lines coming out of the D Box that are going under where the outline of the double wide is going to be? MR. HATIN-Those are the ones to be abandoned, from what I understand, and then there'll be two new ones or three new ones, depending on what he needs. MR. THOMAS-Coming out of the existing D Box? MR. HATIN-Coming out of the existing D Box, or we'll take that and modify that D Box, whatever it takes and move them toward the back of the property. MR. THOMAS-Because, you know, if you have to, if you can move that D Box back and you can move those lines back, you can move the whole structure back. MR. HATIN-I scaled it out real quick. If you move the whole system back, he needs 10 feet off the property line. It only leaves you with about 20 foot to the edge of the slab, roughly 20 to 30 feet. - 2 - '-- '- (Queensbury ZBA Meeting 11/6/96) You need at least 18 feet for four lines. So depending on how this is laid out, it mayor may not leave enough room. MR. THOMAS-So what you're saying is that the structure is going to have to right where it's shown on here anyway. MR. HATIN-I think that's the best alternative. I remember we had talked about this quite a while ago, and that's the alternative we came up with. This is about where it had to layout to make the system fit. It's tough to say without scaling it out on a plan and then going out to the site and seeing if there's any other obvious problems. MR. THOMAS-But, in your opinion, that's as far back as that structure can go. MR. HATIN-The other thing you've got to deal with, too, is if you bring it back much farther then he's got a separation between the garage to deal with, which the Zoning Ordinance requires 10 feet, I think. So you're going to be into the garage as well, unless he attaches to the garage. MR. THOMAS-I don't see that happening. Is there going to be any kind of a porch or anything on the front to get into the, because that's going to count toward the setback. MR. DEAN-Yes. It's just going to be a small entrance way. If anything, I'll have the entrance way off the back, between the garage and the end of the house there. MR. THOMAS-Yes, but I mean you have to have two exits out of the building for the fire code. MR. HATIN-Yes. The windows would qualify as a second. MR. THOMAS-The windows would qualify? But there is a front door on there. I mean, if you're going to have a front door, you've got to have some kind of entrance to it. I mean, these things don't come without front doors. MR. DEAN-Well, the existing trailer, I mean, we'-re not going any farther forward. We're going to go back another 10 feet, as far as that, and as far as the porch, I don't believe it would be over five by five, if that, just to get a front porch on there. MR. STONE-This is going to be further back than the one end of the old porch? MR. DEAN-Yes. MR. HATIN-That's what it shows on your site plan right now. MR. DEAN-It's going to be about 10 feet deeper than the existing trailer that was there. MRS. LAPHAM-So if there's just a little five by five entry porch, you shouldn't come to even where the old one was. MR. THOMAS-Yes, but the only thing is when we do the relief, you have to take that into account. MRS. LAPHAM-So you have to know what it is. MR. GREEN-If you add another five feet, then it's like nine feet that he's off, not 14. MR. THOMAS-Yes, well, 11 feet. - 3 - (Queensbury ZBA Meeting 11/6/96) MR. GREEN-Or 11 feet. MR. STONE-Are those trees going to stay? MR. DEAN-In the front? MR. STONE-Yes. MR. DEAN-If needed, I'll take them down. I was going to leave them up. MR. STONE-That's a better answer to me. I always like trees to stay. MR. DEAN-Yes. I'd rather have them stay myself. MR. KARPELES-Why did you change it, the layout, from being perpendicular to the road to being parallel to the road? You just couldn't get it in, the septic tank? MR. DEAN-The septic, yes. MR. STONE-You could move the leach field and the D Box, it's easier than you could. MR. DEAN-Move the septic and everything else. MR. THOMAS-Anymore questions for the applicant or Mr. Hatin? I'll open the public-hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. THOMAS-Any correspondence? MR. GREEN-No. MR. THOMAS-No correspondence? MR. GREEN-No correspondence at this time. MR. THOMAS-All right. Anymore questions for the applicant? If not, I'll entertain a motion. MOTION TO APPROVE AREA VARIANCE NO. 99-1996 DONALD L. DEAN, JR., Introduced by Louis Stone who moved for its adoption, seconded by Bonnie Lapham: MR-5 Area mobile home overlay zone, to allow the location of a double mobile home on a lot on Rhode Island Avenue. We would grant 14 feet of relief for the mobile home itself, with the understanding that there would probably be a porch, which is an additional five feet encroachment on the setback. Obviously, the benefit to the applicant is that he will be allowed to build this double mobile home on a lot on which he could have a single mobile home, and recognize the location of the existing septic system limits feasible alternatives, and we do not expect that there are any negative impacts, nor has there been any public comment to the granting of this variance. Duly adopted this 6th day of November, 1996, by the following vote: AYES: Mr. O'Leary, Mr. Green, Mr. Karpeles, Mrs. Lapham, Mr. Stone, Mr. Thomas - 4 - - (Queensbury ZBA Meeting 11/6/96) NOES: None ABSENT: Mr. Menter RESPECTFULLY SUBMITTED Christian Thomas, Chairman - 5 -