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Approval Resolution _ t M Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Lewis N. Stone, Chairman Charles A. McNulty, Secretary 192 Lake Parkway 14 Twicwood Lane Lake George,New York 12845 Queensbury,New York 12804 TO: Panera LLC PROJECT FOR: Panera Bread 6710 Clayton Road Northway Plaza Richmond Heights,MO 63117 820 State Route 9 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Sign Variance No. 95-2004, Panera Bread Meeting Date: Wednesday, December 15, 2004 Approved_X_ Denied Tabled_ Withdrawn_ SEQRA Review [Tabled: applicant has sixty(60 days) to come back with the application] MOTION THAT A REVIEW OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM SHOWS THERE ARE NO SIGNIFICANT NEGATIVE IMPACTS CAUSED BY THIS PROJECT, Introduced by Lewis Stone who moved for its adoption, seconded by Paul Hayes: Duly adopted this 15`h day of December, 2004, by the following vote: AYES: Mr. McNulty, Mr. Urrico, Mr. Bryant, Mr. Abbate, Mrs. Hunt, Mr. Hayes, Mr. Stone NOES: NONE MOTION TO APPROVE SIGN VARIANCE NO. 95-2004 PANERA BREAD, Introduced by Charles Abbate who moved for its adoption, seconded by Allan Bryant: 820 State Route 9. Panera Bread proposes to place a 58.25 square foot wall sign on the east fagade, in addition to the existing 84 square foot wall sign on the south facade. The relief required. They request relief for an additional wall sign where only one is allowed per tenant per Section 140-6(B3d4b). In making the motion for approval, we not only have to answer certain questions,but there are several other considerations as well, and one is what we call a balancing Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands • are Adirondack Park Jurisdictional or other approvals are necessary(such as review by the Queensbury t Planning Board.) • Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Continued resolution ZBA Meeting: Wednesday, December 15, 2004 Sign Variance No. 95-2004, Panera Bread act, and the other, in my opinion, is the standard of fairness. So to get to the four questions, one, as to whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, is an absolute no. As to this point, I believe it will not have an undesirable change in the neighborhood or even be a detriment. The second question, whether the benefit sought by Panera Bread can be achieved by some other method feasible for the applicant to pursue. They already have reduced their second request. They have shown a sense of compromise. In my opinion, their request is legitimate. Three, whether the requested Area Variance is substantial. In my opinion, based upon the history, no. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, I doubt seriously it would, and finally, whether the difficulty is self- created. In this instance, I will concede that it may very well self-created. However, being self- created is not fatal to the granting of this variance. So, it is my opinion, that based on the balancing test and the standard of fairness, that we approve Sign Variance No. 95-2004. Duly adopted this 15`h day of December, 2004, by the following vote: AYES: Mrs. Hunt, Mr.Urrico, Mr. Bryant, Mr. Abbate NOES: Mr. Hayes, Mr. McNulty,Mr. Stone Sin7�� , "�/ Lewis N. Stone, Chairman Queensbury Zoning Board of Appeals LS/sh cc: Laver Manguso and Assoc., Architects Jonathan C. Lapper, Esq. Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands • are Adirondack Park Jurisdictional or other approvals are necessary(such as review by the Queensbury Planning Board.)