Resolution & Compliance Letter 1.18.23%J Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Compliance Letter
Today's Date: January 19, 2023
ATTENTION: Prior to commencing any site work
TO: Applicant Name: Russell Thomas please read this letter.
Location: 23 Highpoint Drive
Tax Map Number: 296.5-1-17 Please call this office with any questions.
RE: File No. AV 57-2022
Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached). The
variance approval is valid for one (1) year from the date of approval. You may request an extension of approval before the one (1)
year time frame has expired. See section 179-14-090.
Additional requirements and review for this project shall include:
Please submit four (4) copies plus an electronic version of the ZBA approved plans to the Zoning Office for the Zoning
Administrator's approval - One (1) copy will be returned to you in order to be posted on the project site. Electronic versions
can be emailed to karend@queensbur yam. A survey map must be submitted with the final plans.
2. Post Approval -Contact Bruce Frank —Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre -construction meeting before any work is started, and at any time during the site development should any constraints,
concerns or questions arise. Mr. Frank will monitor the site development throughout the project for compliance with your
approval; however, see item 3;
Contact Bruce Frank, Code Compliance Officer at 518-761-8226.
Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the
Adirondack Park Agency, Lake George Park Commission or other State agency or department.
As -built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final
sign -off from the Zoning Department and/or a Certificate of Occupancy —
If there are no modifications or changes from the approved plan provide a certification from the project designer.
If there are minor modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This may be, potentially, approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This will likely require re -approval by the Zoning Board.
Since rely,,
Craig Brown
Director of Planning & Zoning
Zoning Administrator
CB/kd
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
'I'MVII Of Qyeensbury .
Area Variance Resolution To: Approve
Applicant Name: Russell Thomas
File Number: AV 57-2022
Location:
Tax Map Number:
ZBA Meeting Date:
23 Highpoint Dr.
296.5-1-17
January 18, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from Russell Thomas.
(Revised) Applicant requests to install a 160 sq. ft. shed 3 ft. from property line. The existing home of 2,717 sq.
ft. with porches to remain with no changes. The existing 192 sq. ft. shed received a permit in 2006 for a location
different than current location. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for placement of a 160 sq ft shed. The parcel is 1.17 ac located in the MDR zone.
Section 179-3-040, Section 179-5-020 accessory
The applicant proposes the shed to be 3 ft. from the property line where a 10 ft. setback is required.
SEQR Type II — no further review required;
A public hearing was advertised and held on November 30, 2022 & January 18, 2023.
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. Many people have located sheds on the property line. We've granted variances previously in
similar fashion.
2. Feasible alternatives would be to move it in and it has been considered by the Board but it's not considered
to be reasonable in this case since it's blocking light from the neighboring property next door after removal
of all vegetation on the property line.
The requested variance is substantial because it's requiring seven feet of relief, but the Board finds that
that's a reasonable amount given the fact of why it's preferred in this location.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty is not self-created because he did not cut down the property, all the vegetation that
previously screened it from the adjacent lot.
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) That an as built survey be provided.
b) 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. 57-
2022, Introduced by James Underwood who moved for its adoption, seconded by Robert Keenan:
Duly adopted this 18" Day of January 2023 by the following vote:
AYES: Mr. Cipperly, Mr. Urrico, Mr. Keenan, Mrs. Palacino, Mr. Underwood, Mr. McCabe
NOES: Mr. Henkel
ABSENT: Mr. Kuhl