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Meyer Fuller & Stockwell Narrative M EYE R. .s c'vz V.J.-Ni" 1 FULLER STOCKVVELLOW LAKE GEORGE PLLC July 14, 2021 Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury, New York 12804 Re., phase Area Variance Application Property at 3219 State Route 9L, Queensbury NY Dear SBA Members; We have been retained to assist Lonny and Thalia phase with regard to the site plan review and related area variance requests for their property at 3219 Stake Route 9L, Queensbury, New York. The proposal is to demolish an existing garage and replace it with a new garage. The new garage will be ` squared off' as apposed to the somewhat irregular shape of the current garage. The garage is shielded from neighboring properties and 9L and we do not believe that it will pose any s ite related issues. The garage is also a marled improvement over the current garage structure that predates the zoning limitations on garages. Relief is requested from Sections 179-4-010, Attachment 1 (setback) and 179-5-020(D) for the maximum size of the garage as well as number of garages. There is a grade level garage under the house on the property, as will as a shed that due to size is interpreted as a garage. For the side setback, 75 feet is required, 14.2 ono change from existing is proposed,, For the maximum size, the existing garage is 1 ,596 square feet, and 1 ,650 is proposed, and with the garage under the house at grade level as well as the existing shed that is interpreted as a garage, the other garage to be replayed in this application is now considered the "3'd" garage. However, it is Hated that an existing outhouse will be demolished and the garage to be replaced herein, which exceeds the house size limit', is to be in substantially the same location footprint as the existing garage. Due to the narrow nature of the lot and existing waterbady along the driveway, centering the garage does not seem to be a reasonable alternative to the construction on the same site as the current garage.. Turning to the area variance criteria: Area variances. SBA weigh the benefit to the applicant if the variance is granted ems. the detriment to the health, safety and welfare of the neighborhood or community by such grant. Meyer, Fuller & Stockwell, PLLC 1557 State Route 9, Lake George, NY 12845 518.668.2199 - meyerfutler.cam SBA must consider (and Applicant must prove): ( 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 the area variance; Answer: We do not believe an undesirable change will be produced nor will there be a detriment to nearby properties. The area of the garage is well forested with trees and rover. To the south, the closest residence to the garage is approximately 260 feet according to the warren County GIS, and to the north, the closest residence is approximately 180 feet. The current garage is 42' 6"' x 38 ' 8" and the proposed garage is 42' 8" x 38 ' 8",ON . The one corner of the exi sting garage compared to the proposed garage is to be ` squared ofF' given the materials package to be ordered for the proposed garage. In addition, the garage is some 255 ' from Route 9L and is shaded from view by substantial existing old growth vegetation which will remain. In addition, the size of the garage is well shielded from neighboring uses as well. The garage will be tucked into the current grade with some site amendments for starmwater mitigation. As to the answer to this question an 3 garages, we note that the property currently has 3 garages and this has not, and we believe will not in the future, have any impact on the neighborhood, nor cause any impact to any neighboring properties.. Thus,, we do not believe the replacement of the garage will have any impact on the neighborhood or nearby properties. (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; Answer: The setback variance cannot be achieved by any alternative or feasible method. As you will see from the topography shown on the survey, to the southeast of the garage is a 10' plus grade change that limits how far the garage could be relocated to the southeast. Pulling the garage to the northeast would result in more vegetation and tree removal than is necessary if we simply replace the garage in its current location. The past of the property is not conducive to relocation of the garage and would result in additional variances. As to the size, it is submitted that in balancing the interests here, reducing the size of the garage would result in undue hardship to us as we would lose the storage of the existing garage which is valuable to us for our personal beto ings, snowmobiles, etc. in addition, although the existing garage could be rehabilitated on site as it exists, the cost benefit analysis, as well as the starmwater related improvements that are proposed, make the replacement the more feasible option we believe. Meyer, Fuller Stockwell, PLLC 1557 State Route 9, Lake George, NY 12845 - 518 -668 -2199 meyerfuiler. cam (3) whither the requested area variance is substantial; Answer: On the side setback, in terms of pure figures, a setback of 14' s" where 75 ' is required could be considered substantial . In addition, the garage site of I ,65 0 sq. ft. where 1 , 104 is permitted, a difference of 5 50 sq. ft. could be considered substantial. However, we believe that in the balancing test here, the sires are not substantial. On tile setback, we note that numerous structures on adj ou u ng properties on the east side of 9L do not meet the 75 foot side setback, nor could then even if they were ever relocated on the respective properties. The garage also is comparable to garages an both sides of 9L within a few properties of our residential property. Lastly, given the location of the garage well to the rear of our property and away from 9L shielded by trees reduces the relative size impact of the garage. 3 garages an one parcel might be considered substantial given the limitation of 1 , however, it is noted that the garages are preexisting to the site. Removal of the garage entirely is not feasible for the owners of the property. (4) whether the proposed variance will have an adverse effect or impact an the physical or environmental conditions in the neighborhood or district; and Answer: We da not beli eve there is any impact to the physical or environmental conditions in the neighborhood. The current garage does not impact the environment at all and we do not anticipate any i mpacts from the new garage. All stormwater from the current garage is handled an the property and we do not propose a change of grads that would increase any impacts or runoff. In addition, the location of the garage requires minimal excavation and will not require substantial clearing of the wooded area. It is our intent to preserve the look and feel of the forested area as much as possible. We also note that we have chosen dark grey color scheme to allow the garage to blind in with the woods, rocks and setting. (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. Answer: We do not believe the alleged difficulty was self-created. The lot was created and the garages constructed well before the 75 ' setback or garage limitations were ever adopted. The, existing garage has served the time of its useful life and we have a choice to either reinforce it as is or replace it with a sturdy structure. an the costlbenefit analysis our clients decided that it is far more feasible to replace the garage in its current location, but for squaring off that one side. Though in concept the garage could not be square off on that northwest corner, the cost to order the package to exclude that small area would be substantial , Yes, there is benefit to us in hammi ng that square footage inside the Meyer, duller & Stockwell, PLLC - 1557 State Route 9, Lake George, NY 12845 , 518.66$.2199 meyerfuller.cam garage, on the balance, we believe our request in this regard is reasonable particularly in the absence of related impacts of that request. With regard to the submissions pursuant to Section 179- 14-030, waivers are respectfully requested from items B 1 -5, inclusive, C 1 -6 inclusive, and D 2-8 inclusive as inapplicable to the proposed garage. We appreciate the ZBA' s consideration of our request and look forward to meeting concerning this. Thank you. Sincerely, Matthew F. Fuller, Esq. mful ler��meyerful l er.corn Meyer, Fuller & Stockwell, PLLC 15S7 State Route 9, Lake George, NY 12845 518-668- 21199 meyerfuller.cam