Loading...
Meeting Minutes 2.17.2021(Queensbury ZBA Meeting 02/17/2021) 1 AREA VARIANCE NO. 11-2021 SEQRA TYPE TYPE II JENNIFER BALL AGENT(S) HUTCHINS ENGINEERING OWNER(S) PAMELA HARRIS ZONING RR-3A LOCATION PICKLE HILL RD. APPLICANT PROPOSES TO CONSTRUCT A NEW SINGLE FAMILY HOME WITH AN ATTACHED GARAGE 4,460 SQ. FT. WITH 120 SQ. FT. PORCH/DECK AREA FOOTPRINT. THE PROJECT ALSO INCLUDES RENOVATION OF 2,400 SQ. FT. COMMERCIAL GARAGE TO A RESIDENTIAL GARAGE WITH 1,680 SQ. FT. ADDITION TO EITHER SIDE OF THE GARAGE (TOTAL FOOTPRINT WOULD BE 4,080 SQ. FT.) RELIEF REQUESTED FOR 2 GARAGES WHERE ONLY ONE IS ALLOWED, SETBACKS OF THE GARAGE AND SIZE OF GARAGE. CROSS REF SUB 1-2021; SUB 2-2021; SUB 17-2020 WARREN COUNTY PLANNING FEBRUARY 2021 ADIRONDACK PARK AGENCY ALD LOT SIZE 16 ACRES TAX MAP NO. 266.1-1-9.1 SECTION 179-3-040; 179-5-020; 179-3-010 LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 11-2021, Jennifer Ball, Meeting Date: February 17, 2021 “Project Location: Pickle Hill Rd. Description of Proposed Project: Applicant proposes to construct new single family home with an attached garage 4,460 sq. ft. with 120 sq. ft. porch/deck area footprint. The project also includes renovation of 2,400 sq. ft. commercial garage to a residential garage with 1,680 sq. ft. addition to either side of the garage (total footprint would be 4,080 sq. ft.). Relief requested for 2 garages where only one is allowed, setbacks of the garage, and size of garage. Relief Required: The applicant requests relief for 2 garages where only one is allowed, setbacks of the garage, and size of garage. Section 179-3-040 dimensional, Section 179-5-020 garage, 179-13-010 expansion Relief would be requested for Lot 1 to have two garages and have one garage to be in excess of 2,200 sq. ft. Setback relief for the garage addition is to be 67 ft. from the west side where 75 ft. is required and 39 ft. to the front setback where 100 ft. is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the garage size. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief requested for west side setback is 8 ft. and the front setback is 61 ft. Relief for having two garages where only one garage is allowed. Garage expansion relief is 1,880 sq. ft. in excess. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact on the physical or environmental conditions where new stormwater controls will be installed as part of the two-lot subdivision. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to maintain an existing garage and to improve the garage with two carport roof sections for a total of 4,080 sq. ft. The project site is part of a two-lot subdivision where each lot will have a new home. The garage is located on Lot 1. The plans show the garage and the additions to the garage.” MR. MC CABE-I don’t think I’ve been to a meeting where we’ve had this many second garages. Is the applicant here? MR. DOBIE-Yes. Thank you, Mr. Chairman. Lucas Dobie on behalf of my clients Jennifer Ball and Dan Davies. Jen is the contract buyer of the 16 acre parcel, currently the lands of Pam Harris, which is the late (Queensbury ZBA Meeting 02/17/2021) 2 Keith Harris’ job or his former logging and excavating business, and it’s a 40 by 60 existing garage and the rest of the parcel is vacant. My clients propose a fully compliant two lot subdivision which will create a three acre saleable lot in the southeast corner. They will retain the 12 acre lot on which they’re going to construct their new home with an attached garage, and they also propose a one acre boundary line adjustment with the southwesterly neighbor which will greatly help their situation, get them more land and put their well on their subject property. MR. MC CABE-So, wait a minute. I don’t see that as part of what we’re approving here. MR. DOBIE-No, that’s just a little project history, just for the record. MR. MC CABE-Yes, I was going to say, I thought we did that a while ago. MR. DOBIE-We were here in December for a two lot subdivision of her parcel which is to the east. S we discussed this with the Planning Board at Sketch phase. So we’re the westerly 18 acres with the truck garage on it. So we’re not asking for any relief on the subdivision. I just wanted to give you a little project history. MR. MC CABE-Yes, okay. MR. DOBIE-The garage was built by Mr. Harris in 1986. So it’s an existing non-conforming commercial use which we understand there’s been some neighborhood complaints over the years and we want to make it very clear for the record that my clients will abandon the commercial use. This will be renovated for their personal storage of say an RV, trailers, that sort of deal. So really a nice building and they’ll do a first rate job of renovating it with all new exterior attractive doors. We estimate probably a $75,000 to $100,000 improvement on the building. While we’re at it we’d like to pull this 14 foot shed roof additions off the east and the west sides. So you can put a trailer under that to keep it out of the weather. We think it will really enhance the aesthetics of the building as well, and as Staff said we’re going to re-work almost the entire site. It’s a cornfield now, to greatly reduce the amount of gravel coverage close to Pickle Hill Road, which was Mr. Harris’ lay down yard and there’s a couple of storage trailers there now which will be removed. An old excavator, that’s going to go. So we’re really feeling positive about the improvements to the neighborhood. Again the commercial use will be abandoned. It will be entirely residential, owned by my client, and they propose to construct their new house over the northerly portion. So again our variance requests are to renovate and maintain this building, to add the shed dormers, shed roof dormers, and with that we will ask for a little setback relief on that westerly dormer to the west and to the front, and also to maintain this as a second garage in addition to their garage that’s attached to their house. S o again it’s a 12 acre parcel. All kinds of room to work on it and we think it’s going to be a real nice improvement to the neighborhood, and my client is on the Zoom meeting with us if you have any questions that I can’t answer, and we’re here to ask for your approval so we can continue with the project. Thank you for having us. MR. MC CABE-So do we have any questions of the applicant? MR. HENKEL-We didn’t do a subdivision on this yet as far as making this 12 acres. Right? MR. MC CABE-I thought we did. MR. DOBIE-That application is at the Planning Board as a compliant two lot subdivision. No variances on this. We did a, we received our variance for the easterly lands which is a separate parcel owned by my clients also. The southeasterly lot. We received a variance on that last month, but that’s a separate project from this project. MR. HENKEL-Right. It’s just kind of weird that you left that little 15 foot spot to the west there. Why is that? MR. DOBIE-That’s because that’s the exact number we needed to meet our 400 feet of road frontage. I can’t say historically how that came to be. MR. HENKEL-It’s kind of weird you left that 15. It’s just weird. MR. DOBIE-If we conveyed it, then we’d need a variance for that. So we’d be 385 f eet of frontage and we wanted to not request an additional variance. MR. HENKEL-Okay. MR. MC CABE-Other questions? MRS. HAMLIN-Well, could we talk about the two garages a little bit? The one attached to the house, that’s actually, is that four bays or three bays and some other sort of entrance? (Queensbury ZBA Meeting 02/17/2021) 3 MR. DOBIE-That is a three bay garage and it just has an additional door in the rear so if you wanted to put a four wheeler in the rear or something. MRS. HAMLIN-Okay. MR. DOBIE-It’s 38 feet in width, which is typical of a three bay garage. MRS. HAMLIN-So that’s just somewhat of a storage area in the back that you’ve have that extra entrance added for? MR. DOBIE-That’s correct, Mrs. Hamlin. MRS. HAMLIN-Okay. And how many vehicles will you be able to accommodate in the other garage? MR. DOBIE-In the existing garage, ma’am? MRS. HAMLIN-Yes, the one with the modifications that you’re making. MR. DOBIE-Correct. That’s going to maintain the doors. It’s a 40 by 60 building. We’re not going to add anymore doors to it, per se. It’ll be just interior storage. MRS. HAMLIN-So the overhangs, the sheds are kind of like carports so you can put like a Winnebago in there or something? MR. DOBIE-Correct. MRS. HAMLIN-It will be big enough for that. Okay. MR. DOBIE-Yes. MRS. HAMLIN-So altogether you’re going to have seven stalls, like seven bays. All right. MR. DOBIE-The applicant has three or four trailers up at his real estate office now. So they need a home inside or under a roof. MRS. HAMLIN-I just wanted to be sure. Okay. Thank you. MRS. HAYWARD-I have a question about the lot size. What size is it after the subdivision is complete on these western properties? Could you clarify for me? Is it Lot One? How many acres is that going to be, still 12 acres? MR. DOBIE-The parcel as it sits today is 16 acres. A one lot one acre boundary line adjustment with Mr. Hutchinson to the west. Lot One will be 12 acres maintained by the applicants, and then the three ac re saleable lot. MRS. HAYWARD-Thank you. With all these goings on the past couple of months I just wanted to be sure I’m clear before I make a decision. Thank you. MR. DOBIE-Great. Thank you. MR. MC CABE-Other questions? So a public hearing has been advertised. So at this particular time I’m going to open the public hearing and see if anybody has any input on this particular project. PUBLIC HEARING OPENED MR. BROWN-We have Lionel B. MR. MC CABE-Go ahead, Lionel. DEBORAH BARTHOLD MRS. BARTHOLD-Hello. My name is Deborah Barthold, and we own the property directly behind this project, and I’d like to know how close this house is to, our house is right at the end of Oak Valley Way, and you can see our backyard from this, this lot line here. I mean what are they going to do behind here? What’s the proposed pool and what’s all this stuff? MR. MC CABE-So this is for you to provide input to us, not for us to provide answers to you. So were you given the layout here or have you had an opportunity to look at the drawings? (Queensbury ZBA Meeting 02/17/2021) 4 MRS. BARTHOLD-Well, no. I don’t even understand what the drawings are about, but I know exactly where the lot line is, and I know that perhaps Mr. Kubricky, we’re right here, right, and Mr. Kubricky has two pieces of property behind this property. So how close is the house to our lot line? MRS. MOORE-So can I just jump in real quick and just give her a quick overview of that? So if you, are you able to see the map that’s being displayed? MRS. BARTHOLD-Yes, but it’s really small. MRS. MOORE-Let me continue. So this is your lot. MRS. BARTHOLD-Yes. MRS. MOORE-Okay. So this is 100 foot setback where this dotted line is, and this I guess sort of a swirly line, this is all vegetation that’s to remain. MRS. BARTHOLD-Yes, but there’s not much vegetation there. It’s all like dead. MRS. MOORE-So the explanation of that, it’s over 100 feet from your property line. MRS. BARTHOLD-Okay. MR. BROWN-So, Laura, if I could share, I’ve got the other map up. MRS. MOORE-Go ahead. Do you want me to unshare? MR. BROWN-Yes. Probably that will work better, just to try and answer the question. MRS. BARTHOLD-So they’re setback closer to my property line. MR. BROWN-So in the map that’s going to come up hopefully soon, can you see this map here? MRS. BARTHOLD-Yes. MR. BROWN-So this is your home and your pool. MRS. BARTHOLD-Yes. MR. BROWN-And I think that their house location is over here some place. MRS. BARTHOLD-There’s still not much vegetation there. MR. BROWN-But this is a 2018 photo. So unless something’s been removed since then, this the vegetation that I think their plan shows to remain, but we can let them respond. They’ve certainly heard your question. So I just wanted you to see that photo. MRS. BARTHOLD-Well they’re going to be able to see my yard from their house. Because there’s no vegetation there. That’s not right. There’s vegetation there, but it’s dead vegetation. I mean there might be two, three large trees on that border, but there’s not that much vegetation. MR. BROWN-Up here it’s certainly a lot shallower, but this appears to be, in the area of where your house is, it’s pretty significant. So again I just wanted to show you that photo and we can continue on. MRS. BARTHOLD-If you stand, I went over to Pickle Hill Road and you can very clearly see my backyard from that lot. So there can’t be that much vegetation there. MR. BROWN-Yes, I mean it depends on the angle. I don’t want to pick and choose here, but looking through this area you can probably see, but this. So okay. I’ll go back to Laura. MR. MC CABE-So was that your input? MRS. BARTHOLD-That’s my input. I just wanted to know how close this house would be to my yard. MR. MC CABE-Sure. MRS. BARTHOLD-And their pool and everything. MR. MC CABE-So do we have anybody else? (Queensbury ZBA Meeting 02/17/2021) 5 MR. BARTHOLD-Mr. Kubricky who owns the other two lots adjacent to this property is out of town. I’m sure he doesn’t even know about this hearing. MRS. MOORE-So he does, and there’s a letter in the file that I’ll read into the record. MRS. BARTHOLD-Okay. MR. BROWN-Okay. We’ve got Carly Bolen. CARLY BOLEN MRS. BOLEN-I guess I live at 224 Pickle Hill Road. So my primary concern as always is the garage structure. MR. BROWN-Can you put the map back up, Laura? MRS. BOLEN-So the garage is directly across the street from my house. Obviously we all know it’s a non- conforming commercial garage that variances tied with the Harris’ for years. So any time that lot would be sold obviously this variance goes away and anybody utilizing that property, that variance is gone and it wouldn’t be used for commercial anyway. I saw the plans and obviously they’re all in good taste. She’s done a good job with her house that’s down the street. I get it. It’s very pretty. What I don’t understand is increasing the size of a garage that’s already non-conforming, that’s already larger than an accessory structure should be. While it looks really nice and the drawings are really good, I don’t agree with extending the footprint of it to a 4,000 square foot footprint that I’m going to have to look at for even longer. So that’s, my comment is go ahead. If I bought property, I would want to utilize the garage. So I get that they want to use it. It’s up to the Board if they want to allow a second structure. In a perfect world it goes away and it gets knocked down when they build a house, but I understand it’s not a perfect world, but I do not agree with increasing the size of it 70% from what it already is and non -conforming, but she did a very good job. The plans look very nice, and I’d love a façade update. I just don’t want to see it grow. MR. MC CABE-Okay. So, Craig, somehow you’ve knocked me out of the meeting here. Can you hear me? MR. BROWN-You’re still here. We can see you and hear you. MR. MC CABE-Okay. I can’t see. So I guess I’m not sure what I’ve got to do here. MR. BROWN-I would go to the upper right and see what view you’re in. You may just be viewing the speaker and not the whole panel. MR. URRICO-We can see you. MR. HENKEL-Yes, we can see you. MR. MC CABE-Okay. So, well, that’s all right. So as long as you can see me, it’s fine. So do we have anybody else? MR. BROWN-I don’t see anybody else in the lobby with their hand up. MR. MC CABE-Okay. So, Laura, do we have any written communication? MRS. MOORE-Yes, I have two written communications. I’ll start with the first one. This is “Greetings ZBA, Thank you for receiving our input on this matter. We request that our letter be read at the ZBA meeting of Feb. 17th. We live on Pickle Hill Road, just southeast within 500 feet of the garage. We are strongly opposed to the expansion of the preexisting commercial garage. It may be helpful for us to provide a brief history of that garage. We objected to the building when we first learned of the permit issued to Mr. Keith Harris, but were told that it was approved by H. Russel Harris (former town supervisor and relative of Mr. Keith Harris}. The permit was issued even though it was not a residential garage nor a secondary building as described on the application (there was no other building on that parcel) and it did not meet the setback requirements then or now. The town took Mr. Keith Harris to court after the garage was completed. but the court found that the permit had been issued by the town and the operation of a logging/excavating business was grandfathered on that property to the Harris family, who lived on an adjoining property that they also owned. They have left that property. However, a grandfathered nonconforming use is NOT allowed to expand. Nor should that nonconforming use be allowed to be sold or rented since it was specifically allowed because of the Harris' family history on that site. This garage is already huge and we do not believe that it will become a residential sized garage with additions to nearly double its size. Pickle Hill Road is designated as "Scenic" in the Town's master plan. Enlarging this building, which is already nonconforming and does not have appropriate setbacks will not add to the (Queensbury ZBA Meeting 02/17/2021) 6 beauty of this road. Furthermore, if the town allows such a large garage to expand will it be condoning a commercial use? If used to store commercial vehicles this will increase traffic on Pickle Hill Road, just past the crest of a hill, creating a traffic hazard. We would not oppose Jennifer Ball building a single-family home; however, this garage should be removed, first, as it is clearly a commercial building. It was allowed only as a grandfathered use and is in violation of required setbacks . Jennifer could then have a single-family home designed and built with the appropriate setbacks and garage size. If she is allowed to expand that garage, how would it be used as residential? Why would such a large building be necessary? How could the town prevent it from being used commercially? Please, do not allow another bad decision by the Town of Queensbury to adversely affect our property value and our ability to enjoy the beauty and peace of this RR3A zone.” This is Paul and Deborah Davidson. And the second one is addressed to the Zoning Board members. “My name is Tom Kubricky. I have 2 lots that adjoin the property in which Pam Harris and Jen Ball would like to be approved on. I would like to see this approved. They have done a fabulous job throughout the last twenty-five years developing the Pickle Hill area.” MR. MC CABE-So that’s it? MRS. MOORE-Yes. MR. MC CABE-Okay. So at this particular time I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I’m going to poll the Board, and I’m going to start with John. MR. HENKEL-I can see where the neighbors on the south side, even though Mrs. Bolen was the only one that talked, I can see that they have a problem with that garage being so close to the road . I think, yes, Mrs. Ball’s done a very nice job with those properties, no doubt, and I understand why she wants to keep the garage, but I do not approve of enlarging it. It definitely is a setback problem. So I would not be in favor as is. That’s it. MR. MC CABE-So, Jim? MR. UNDERWOOD-Yes, I would have to agree with John. I think that improving the garage, the exterior of it, would be a plus, but expanding it even more from it’s nonconforming size already would be a big mistake on our part because who knows what’s going to happen with the garage and even though people say they’re only going to use it for their own personal usage, I would disagree that having a garage like that is an example of how things can go south before you blink your eyes. MR. MC CABE-Michelle? MRS. HAYWARD-I’m in agreement with Jim and John. The garage has been there for a long time, and I don’t agree with expanding a nonconforming structure. MR. MC CABE-Cathy? MRS. HAMLIN-I agree. I do have a question for Staff. I got a little confused with some of the input. Is there a Use Variance for this garage that was issued in the past? Do you know? MRS. MOORE-I’m just trying to think of the history that’s on it. MR. MC CABE-What is was is it was used in, I remember this particular case. The question was Mr. Harris at one point used it for his logging business. Then it was identified that he moved to Fort Ann, and it was theorized by doing this that he gave up that particular property as a commercial use, and for a period of more than a year so therefore it couldn’t be used as a commercial property again, and we disagreed with that because he did have some equipment there which was used in logging and so we interpret that as he continued to use that garage as a commercial entity. MRS. HAMLIN-So it was a legitimate use at the time. It continued to be a nonconforming use, but it was not via a Use Variance. So therefore when these people do willingly abandon its use, I mean, within a year’s time you’re back in the same place as long as it continues to be residential. MR. MC CABE-Well he’s not involved anymore. MRS. HAMLIN-No, I mean even these people. If it’s not being used currently. MR. MC CABE-That was several years ago when we did that. MRS. HAMLIN-So it’s currently not being used commercially? (Queensbury ZBA Meeting 02/17/2021) 7 MR. MC CABE-Right. MR. BROWN-So I may have a better answer for you, Cathy. I think where you’re going is if this was granted a Use Variance that’s going to run with the property forever and ever and ever. Right? MRS. HAMLIN-With the land. So I’m just trying to determine what the history was. MR. BROWN-Right. So if there wasn’t a Use Variance that was granted and the applicant wants to go on the record and say we want to dissolve that. We don’t want to be subject to that Use Variance anymore, I don’t know the answer to that, if there is a legal remedy to dissolve that Use Variance, but if it wasn’t a Use Variance and it was a pre-existing non-conforming that gets discontinued for a period of more than 18 months, you’re correct, it converts back to a conforming use. MRS. HAMLIN-Okay. So our Town Code has 18 months for it to be in non-conformance. MR. BROWN-Correct. MRS. HAMLIN-Yes, because you’d have to have it in your local code. Okay. Well then I’m good with that, but I agree with everything else with regards to the expansion of it. I think that they have adequate space for vehicles and storage and expanding it is not something I would go for. It’s existing. It’s in good shape. They’re going to doctor it up and make it look pretty. So okay. I’m good with that. I would vote in favor without the expansion if they’re willing to go that way. MR. MC CABE-All right. So you’re a no for as is. Right? MRS. HAMLIN-As is, yes. MR. MC CABE-So as I’m hearing things, we’re not arguing about the second garage. We’re arguing about the second garage being much larger. Is that what we’re saying? MR. HENKEL-It sounds like it. MRS. HAMLIN-Yes. It’s a 12 acre lot. MR. MC CABE-Yes, and I’m kind of agreeing with that also. So I guess I can’t accept the project as is. MR. URRICO-Do you want my input, Mike? MR. MC CABE-I’m sorry. I skipped over you. I put you down as a no. MR. URRICO-That’s all right. You’re right. MR. MC CABE-So now I need some advice from the applicant. MR. URRICO-The only thing I wanted to add is that this property has a long history, and I don’t think we should be re-visiting it to make a decision on this except for the garage. I don’t think it’s fair to judge the current application based on what was there in the past. So that’s all I’m going to say. MRS. HAMLIN-If I could say, I wasn’t doing that. I just understand that had a use variance been granted, it would go on forever. It doesn’t belong to the owner of the land, it belongs to the land, and I was worried about future commercial use, not what had happened in the past. So that was my concern. MR. MC CABE-So we do have a short Board tonight. We’re short one member, however the applicant needs a lot more than one vote. So as it stands right now the project is not going to pass. So I need some guidance from the applicant here on how the applicant wishes to proceed. We can table this and you can re-look at it. I think you’ve heard that in general nobody’s in favor of a larger second garage, although I think that a second garage would be supported. MR. DOBIE-Yes. Thank you, Board. We appreciate your input and the neighbors, too. Certainly my clients want to be excellent neighbors. They are now, and they’ve given me permission to request that we receive an approval without the shed additions. So we’d request approval to maintain and renovate the existing garage and eliminate two shed additions. We’d be happy with that. So that’s where we’d like to head with that instead of tabling and re-doing plans and coming back. If that’s okay with the Board. That’s where we’d like to head with this. MR. MC CABE-So we’ll re-poll the Board. So, I started with John. MR. HENKEL-Yes, I have no problem with that. That makes sense. As long as they update the building for aesthetic looks, I have no problem with it. Yes. (Queensbury ZBA Meeting 02/17/2021) 8 MR. MC CABE-Roy? MR. URRICO-Yes, I would be in favor. MR. MC CABE-Cathy? MRS. HAMLIN-I would, too, with those changes made. MR. MC CABE-Michelle? MRS. HAYWARD-I support the amended proposal. MR. MC CABE-Jim MR. UNDERWOOD-Yes. MR. MC CABE-And I, too, support it. So I’m going to ask Jim to make a motion here. MRS. MOORE-I’m going to interrupt you. I apologize for doing that, but I want to make sure that you at least understand why. So as Cathy mentioned with the Use Variance, at this point we don’t know if there was a Use Variance that was granted. So possibly as a condition to this variance include that if there was a Use Variance that ran with the land, that it would be dissolved as part of moving for approval of this application. Is that understood? MR. MC CABE-Yes. MRS. MOORE-Thank you. The Zoning Board of Appeals of the Town of Queensbury has received an application from Jennifer Ball. Applicant proposes to construct new single-family home with an attached garage 4,460 sq. ft. with 120 sq. ft. porch/deck area footprint. The project also includes renovation of 2,400 sq. ft. commercial garage to a residential garage with 1,680 sq. ft. addition to either side of the garage (total footprint would be 4,080 sq. ft.). Relief requested for 2 garages where only one is allowed, setbacks of the garage, and size of garage. Relief Required: The applicant requests relief for 2 garages where only one is allowed, setbacks of the garage, and size of garage. Section 179-3-040 dimensional, Section 179-5-020 garage, 179-13-010 expansion Relief would be requested for Lot 1 to have two garages and have one garage to be in excess of 2,200 sq. ft. Setback relief for the garage addition is to be 67 ft. from the west side where 75 ft. is required and 39 ft. to the front setback where 100 ft. is required. The existing structure as is could be modified and improved with the appearance on the outside only. No additions would be built on to that structure in excess of 2400 square feet. SEQR Type II – no further review required; A public hearing was advertised and held on Wednesday, February 17, 2021. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties. It would be a slight improvement for the neighborhood to have this building upgraded. 2. Feasible alternatives were considered by the Board. This structure has been here for well over 20 years and even though the structure is not a permitted structure, it’s pre-existing non-conforming use will be improved by the requested variance to improve the building. 3. The requested variance is substantial because it is a second building, but we’re changing the use from commercial use to residential storage use. 4. There is not an adverse impact on the physical or environmental conditions in the neig hborhood or district. It’ll be a slight improvement over the pre-existing conditions. It existed for many decades. (Queensbury ZBA Meeting 02/17/2021) 9 5. The alleged difficulty is somewhat self-created because they’re creating a new home above this property up on the hill behind it. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) The Use Variance for a commercial use would be dissolved if we are going to grant this approval this evening. b) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 11-2021 JENNIFER BALL, Introduced by James Underwood, who moved for its adoption, seconded by Michael McCabe: Duly adopted this 17th Day of February 2021 by the following vote: MRS. MOORE-Prior to you calling the vote, just to confirm that that dissolution of the Use Variance, if there is one, is a condition, and then you mentioned the word storage. Just to confirm that this is a residential garage storage space, not just storage space. MR. UNDERWOOD-I’ll amend that with the residential use only. MRS. MOORE-Thank you. AYES: Mrs. Hamlin, Mrs. Hayward, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-So congratulations. You have a project. MR. DOBIE-Thank you very much, Board.