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AV 34-2022 Resolution (Griffiths) 7.20.22Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7inr12 or (hicensbuill Area Variance Resolution To: Approve Applicant Name: Harley Griffiths File Number: AV 34-2022 Location: 298 Cleverdale Road Tax Map Number: 226.12-1-86 ZBA Meeting Date: July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Harley Griffiths. Applicant proposes a 200 sq. ft. deck addition to an existing bunkhouse of 740 sq. ft. (+/-). The existing home is 1,301 sq. ft. (+/-) footprint with 1,300 sq. ft. (+/-) footprint porch/deck areas and is to remain with no changes. Site plan for expansion of nonconforming structure in a CEA. Relief requested for setbacks. Relief Required: The applicant requests relief for setback to construct a deck addition. The property is within the WR zone on a 0.24 ac parcel. Section 179-3-040 WR, 179-4-080 deck The deck and stairs of 200 sq ft is proposed 1.4 ft from the property line where 20 ft setback is required. The project is an expansion of a non -conforming structure. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 20, 2022. 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 They're simply adding a deck to one of the structures on the property. 2. Feasible alternatives have been considered by the Board, but won't meet the requirements of the applicant. 3. The requested variance is not substantial. It's only a 200 square foot deck. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. We've heard that there will be some provision underneath the deck to collect runoff so it's actually going to improve the environmental conditions. 5. The alleged difficulty is, of course, self-created. 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) 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. 34- 2022, Introduced by Michael McCabe, who moved for its adoption, seconded by James Underwood: Duly adopted this 20th Day of July 2022 by the following vote: AYES: Mr. Kuhl, Mr. Cipperly, Mr. Urrico, Mr. Underwood, Mr. McCabe NOES: Mr. Henkel ABSENT: Mr. McDevitt