Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Sign Variance No.: 74-2008
Project Applicant: Northway Plaza Associates, LLC
Project Location: 820 State Route 9
Meeting Date: December 17, 2008
Description of Proposed Project:
Applicant proposes construction of four (4) wall signs for a proposed 4,642 square foot
Chili's Restaurant in Northway Plaza.
Relief Required:
The applicants request relief from the maximum amount of wall signs permitted for a
Business Complex per§140-6. The sizes of the three (3) wall signs in need of relief are
30.0, 38.1 and 5.3 square feet respectively.
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. This proposal may initiate additional sign requests for the Plaza,
resulting in increased Sign Variances requests.
2. Whether the benefit sought by the applicant can be achieved by some method,
feasible for the applicant to pursue, other than a sign variance. The applicant
could erect less signs to be more compliant, erect signs with a smaller square
footage or 1 sign to be compliant.
3. Whether the requested area variance is substantial. The request for 3 additional
signs or a 300 percent increase from §140-6B(3)may be considered severe.
4. Whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district. Moderate
impacts on the physical and environmental conditions of the neighborhood may be
anticipated as the number and size of the proposed signs may have negative visual
impacts.
5. Whether the alleged difficulty was self created. The difficulty may be considered
self created.
Continued
Parcel History (construction/site plan/variance, etc.):
A.V. 54-2002 Home Depot Permeability 6/26/2002
S.V.59-2002 Home Depot signs 7/24/2002
S.V. 83-2003 Empire Vision sign 10/22/03
S.V. 61-2004 Panera sign 8/25/04
S.P. Mod, Home Depot 2004
S.V. 95-2004 sign 12/15/04
Staff comments:
The applicant is proposing to construct a 4,642 square foot Chili's Restaurant to include
four wall signs. One sign, a 18.0 square foot internally lit Chili's wall sign is proposed to
be located on the front facade of the building and has been determined by staff to be
the one compliant sign per §140-6. The following 3 signs will need relief from the total
amount of allowable signs per the ordinance:
1. a 30 square foot chili pepper located below and to the right of the proposed
Chili's front facade sign;
2. a 38.1 square foot internally lit 'pepper and S' sign located on the north wall
of the building;
3. and a 5.3 square foot internally and externally lit 'pepper S to go sign'
located on the northwest corner of the building.
The proposed total area of all four signs is 96.5 square feet. Please note signage table,
top right of page one of the Federal Heath sign plans provided by the applicant.
The applicant, in conjunction with the proposed Walgreens Pharmacy, has applied for
an additional free standing sign located at the Quaker Road entrance to Northway
Plaza.
SEAR Status:
Unlisted-The Zoning Board of Appeals must make a SEQR declaration concerning this
application.
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Zoning Board of Appeals
Community Development Department Staff Notes