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Town Staff Notesr • ��j1 L" U L p Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes August 20, 2003 Apenda Items• (SV 68-2003) North Country Snorts Medicine, PLCC 2°d freestanding sign - 64 sf SEQRA Type Unlisted Public Hearing left open (AV 70-2003) Home Depot, USA Inc. 4 h wall sign - 30 sf SEQRA Type Unlisted Public Hearing left open (AV 72-2003) Kevin Maschewsld Single Family dwelling on lot without frontage on public highway SEQRA Type H Public Hearing scheduled (UV 77-1997) Paul Schuerlein Rehearing UV 77-1997 to allow additional use SEQRA Type Unlisted Public Hearing scheduled AV (��ae�3 y.a� usgQS Does the benefit to the applicant outweigh the detriment to the health, safety, and welfare of the neighborhood or community by granting the area variance? In malting the determination, consideration should be given to: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will he created. 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. 3. Whether the requested area variance is substantial. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. Whether the difficulty is self-created. Use Variance: 77-1997 Project Applicant: Paul Schuerlein Project Location: 188 Dixon Road Meeting Date: August 20, 2003 Description : Applicant requests a rehearing of Use Variance 77-1997 to change the relief granted originally, in order to provide for the use of the property by two businesses; Schuerlein Plumbing and Heating & Kellwood Cabinetry. Staff comments: Procedurally, in order for the Board to revisit UV 77-1997, a motion must be introduced to do so. Such a motion must be passed unanimously. If a rehearing is granted, a re-examination of the required criteria would be necessary. l . Can the applicant realize a reasonable return, provided that a lack of return is substantial as demonstrated by competent financial information? 2. Is the alleged hardship relating to the property in question unique or does it apply to a substantial portion of the district or neighborhood? 3. Will the requested use variance alter the essential character of the neighborhood? 4. Is the alleged hardship unique? If reheard, an adjournment to allow the applicant to address these concerns may be appropriate.