ApplicationArea Variance [ZBA approved: November 15, 2019]
OLTown of Queensbury Area Variance Application
REVIEW PROCESS:
1) Required Pre -Submission meeting with staff to determine general completeness of application materials to be held no later
than 1 wm_k _prior to deadline day. Call (518) 761-8238 or (518) 761-8265 for an appointment.
2) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for
consideration for placement on an agenda.
3) Incomplete Mlications will not be considered foLp Iacement on any a ends �nitil all missin inFonnatioh has heen sup lied.
4) Submittal to the Warren County Planning Board, if applicable.
5) Zoning Board meetings, generally the third and fourth Wednesday of each month. You will be advised in writing as to which
meeting to attend.
6) Following the meeting, you will be provided with a copy of the resolution stating the Board's decision on your application.
If your application was approved, the next likely step is a Building Permit. Final plans / drawings must be provided for the
next phase of review. If your application was denied your project cannot proceed as submitted.
DOCUMENTS TO BE SUBMITTED: (HARD COPY & ELECTRONIC)
i orieinal and 14 conies of the completed application package to include:
Completed Application: pages 1-9 completed, signed & dated
Pre -Submission Meeting Notes: signed by staff
Denial Letter: from the Zoning Administrator
Survey:
Current Survey: survey map depicting current conditions — sign, stamped, date by surveyor
Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared
by Surveyor, Professional Engineer (Civil) or a Registered Architect.
Area / Sign Applications: must provide a final as -built survey depicting all site conditions and
improvements
Survey Waiver: Applicant may request a waiver from the survey pre and post requirements.
Copy of Deed
Fee: $50 residential; $100 commercial
ZONING STAFF & CONTACT INFORMATION:
Craig Brown, Zoning Administrator craigb@queensbury.net
Laura Moore, Land Use Planner lsncar _queensbury.net
Karen Dwyre, Office Specialist karcndQqueensbury.net (518) 761-8238
Visit our website at www.queensbury.net for further information and forms.
Page 00
Area Variance [ZBA approved: November 15, 2019]
General Information
288.-1-58
Tax Parcel ID Number:
Commercial Intensive
Zoning District:
Detailed Description of Project [include current & proposed use]:
The proposed action is a mixed use site plan consisting of two buildings; one mixed use and two self storage units on 1.92
acres. The proposed mixed use building has a footprint of 8,355 sqft. It will consist of a 2,000 sqft drive thru restaurant, 2,500
sqft restaurant and 3,855 sqft retail. The second and third buildings will be 1,740 sqft outdoor self storage buildings each with
12 units.
Location of Project: 1471 State Route 9, Lake George, NY 12845
Applicant Name:
Faden Enterprises
Mailing Address
165 Lake Ave
Home Phone
City, State, Zip
Saratoga Springs, NY, 12866
Work Phone
Cell Phone
518-796-3716
E-Mail:
russellfaden@yahoo.com
FAX No.
Agent's Name'
Lansing Engineering
Mailing Address
2452 State Route 9 Suite 301
Home Phone
City, State, "Lip
Malta, NY, 12020
Work Phone
518-899-5243
Cell Phone
E-mail
prl@lansingengineering.com
FAX No.
Owner's Name
Saratoga Prime Properties
Mailing Address
215 Ballard Road
Home Phone
City, state, Zip
Wilton, NY, 12831
Work Phone
Cell Phone
E-mail
FAX No.
Page 1
Area Variance [ZBA approved: November 15, 2019]
Site Development Data
Area / Type
Existing sq, ft.
Proposed
Additions . ft.
Total sq. ft.
A. Building footprint
3,699
8,136
11,835
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
16,312
25,641
41,953
E. Porches / Decks
F. Other
G. Total Non -Permeable [Add A-F]
20,011
30,078
50,089
H. Parcel Area [43,560 sq. ft. / acre]
83,635
83,635
83,635
I. Percentage of Impermeable Area of Site [I=G/H]
23.9%
35.96%
59.88%
Setback Requirements
Area
Required
Existing
Proposed
Front Yard [1]
75'
53'
82'
Front Yard [2]
Shoreline
75'
75'
36'
37'
Side Yard [ 1 ]
20'
31'
Side Yard [2]
20'
85'
34'
Rear Yard [1]
30'
376'
140'
Rear Yard [2]
Travel Corridor
�
p
N
Height [maximum]
r_ „ .._,, 0'
40'
T. �40' t•
Permeability
30%
75%
42.1 %
Number of parking spaces
45
24
45
Page 2
Area Variance [zBA approved: November 15, 20191
1.
2.
3.
4.
5.
6.
Additional Project Information
Will the proposal require a Septic Variance from the Town Board of Health? no
If the parcel has previous approvals, list application number(s): Disc-1-2022
Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? X Yes / _ No
Estimated project duration: Start Date: 12/1/2022 End Date: 12/1/2024
Estimated total cost of project: 1,200,00
Total area of land disturbance for project: 1.5
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor
area by the lot size in square feet, yielding a percentage.
Zoning District
Symbol
Floor Area Ratio [FAR]
Waterfront Residential
WR
0.22
Commercial Moderate / Commercial
Intensive
CM / Cl
0.3
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See "FLOOR AREA RATIO").
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
Parcel Area
83,635 s . ft.
Existing Floor Area
s . ft. see above definition
Proposed Additional Floor Area
s . ft.
Proposed Total Floor Area
- s . ft,
Total Allowable Floor Area
(Area x see above table
Page 3
Area Variance [ZBA approved: November 15, 20191
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-3-040-B.3.b.5
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] ,6 Setback ❑ Buffer Zone ❑ Lot Width ❑ Other
Required Setback From Stream/Wetland = 75' Proposed Setback from Stream/Wetland = 36'
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
An undesirable change will not be produced in the character of the neighborhood as the wet€and will continue to flow
through the site and discharge the site at the same location as it does currently. Nearby properties will not be affected by this
variance as there is sufficient screening between the adjacent property and proposed buildings.
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?
The wetland traverses the p{yect site from the west to the east making the rear of the site potentially undevelonahle without
the setback variance from the wetlands.
3. Whether the requested area variance is substantial?
The wetland setback variance ms not substantial as thenrnvides a 36 minimum setback to the wetlaands With a
majority of the the self storage buildings greater than 40'.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
The proposed variance will not, have an adverse effect or impact on the physical or environmental conditions in the
neighborhood as the wetlands and unnamed stream will continue throu h the site and discharge into the storm system along
US Route 9 as it currently does.
5. Whether the alleged difficulty was self-created?
The alleged diflicn$y was not self-created as the project has been imposed to limit the impacts to the wctiands and natural
features of the site to the greatest extent possible while still allowing the project to be constructed.
Page 4
Area Variance [ZBA approved: November 15, 2019]
Section 179-14-030
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s) — a survey showing existing conditions, a proposed conditions map (see page 00 for
specific criteria) and include any other attachments that address A - D as applicable to the proposed project.
A.
General
Shown on Sheet #
1
Title, Name, Address of applicant & person responsible for preparation of drawing
COV-1
2
Deed
Attached
3
North arrow, Tax Map ID, date prepared and scale minimum: 1 inch = 40 feet
COV-1
4
Boundaries of the property plotted to scale, zoning . boundary
SVM-1
5
Principal structures, accessory structures with exterior dimensions
LM-1
6
Site improvements Incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
ECD-1, LM-1
7
Setbacks for all structures and improvements: existing & proposed
LM-1
8
Elevations and floor plans of all proposed and affected structures
Attached
B.
Water & Sewer
Shown on Sheet #
1
Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
U-1, DT-3
2
Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on -site water supply and septic
U-1, DT-3
3
Separation distances for proposed sewage disposal system to well and water bodies
N/A
4
Existing public or private water supply [well, lake, etc.]. Method of securing public or private
water, location, design and construction of water supply including daily water usage
U-1
5
Percolation test location and results
COV-1
C.
Parkin / Permeable Areas
Shown on Sheet #
1
Number of spaces required for project including calculations and justification: existing &
proposed
COV-1
2
No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material e. ., gravel,paved]
COV-1
3
1 Provision for pedestrian and handicap access andparking: existing & proposed
LM-1,
4
Designdetails of ingress, egress, loading areas and cutting: existing & proposed
5
Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
6
Lighting, location and desi2 of all existing and proposed outdoor li htin
D.
Additional Site Development and Miscellaneous
Shown on Sheet #
1
On -site & adjacent watercourses, streams, rivers, lake and wetlands
ECD-1, DT-5, DT-6
2
Utility / energy distributions stem [gas, electric, solar, telephone]: existing & proposed
U-1
3
Location, design and construction details of all existing and proposed site improvements
including: drains, culverts retaining walls, fences, fire & emergency zones and hydrants, etc.
U-1, DT-1-8
4
Square ,footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existing & ro osed
COV-1
5
Si na e:- Location, size, type, design and setback: existin & proposed
LM-1
6
Waiver Request: provide letter with application requesting any waivers: please reference
specific items
ATTACHED
7
Commerce; -al / Industiial D.P.velopinent requires subniJssi— of Laaidscapiaig, sto:u:v✓aier
Management, Grading & Lighting Plans
LM-I,U-I.GP-I. LLP-I.DT-1-R
8
Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
COV-1
Page 5
Area Variance Pre -Submission Conference Form / Section 179-9-040
Applicant Name: Faden Enterprises
2. Tax Map 1D 288: 1-58
Location: 1471 State Route 9
3. Zoning Classification CI 1.92ac
4. Reason for Review:
Project for three buildings - one mixed commercial use and two- self storage buildings
5. Zoning Section #: 179-3-040 new commercial use in CI zone
6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by
Deed
X
General Information complete
tax id 288-1-58
Site Development Data Complete
X
Setback Requirements Complete
X shoreline setback on site data sheet to be added
Additional Project Information Complete
X
FAR addressed
X
Compliance with Zoning Ordinance
X
Checklist items addressed
X
Environmental Form completed
NA Type 11 (16) individual setback and lot line variances
Signature Page completed
X
Applicant proposes removal of an existing building on the site to construct three new buildings and
associated site work. The project includes one building of 8,950 sq ft that is broken into three tenant
spaces of 2,000 sq ft drive-thru, 2,500 sq ft restaurant, and 8355 sq ft retail space. The second and third
building is to be a total of 24 unit self storage facility of 3,480 sq ft; where each building to be 1,740 sq
footprint with 12 units each. Site Plan review for new commercial development and self storage facility,
hard surfacing within 50 ft of shoreline/wetland and Special Use Permit for Self Storage facility.
Freshwater wetlands permit (Town's permit) for work within 100 ft of the wetland. Area variance for
building setback to wetland.
Items reviewed - site plan application, special use permit application, site drawings pgI-15, SWPPP, area
variance application and narrative
Items to be provided or updated
1) update parcel number
2) page 3 setback - add shoreline setback information in row
.k .ti1"la
Staff Representative: Laura Moore via email 09/02/2022
Applicant / Agent:
Date:
Page 6
Area Variance [ZBA approved: November 15, 20191
This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.)
Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required.
OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant:
Owner: Saratoga Prime Properties
Designates: Lansing Engineering as Agent regarding the following:
Variance X Site Plan X Subdivision
For Tax Map No.: 288 Deed Reference: Book 494 page 197 Date 2/14
OWNER SIGNATURE: DATE:
APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner: Faden Enterprises
Designates: Lansing Engineering
Variance x Site Plan x Subdivision
For Tax Map No.: 288
OWNER SIGNATURE:
as Agent regarding the following:
Deed Reference: Book 494 page 197 Date 2/14
DATE:
2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be
charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant.
3.) AUTHORIZATION _FOR -SITE _VISIT$: By signing this page and submitting the application materials attached herein, the
Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to
approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits.
5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a
designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes
constitutes the official record of all proceedings.
6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand
the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be
commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete
statement/description of the existing conditions and the work proposed, and that all work will be performed in.,accordance with the
approved plans and in conformance with locaf zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or
my agents, will obtain a certificate of occupancy: as necessary. I also understand that I/we may be required to -provide an as -built
survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy
I have read and agree to the above.
Signature [AppkagRrl
Signature [Agent]
�rL�.nsaj f` tijlrl ftrnj
Print Name [Applicant]
Print Name [Agent]
Date signed
Date signed
Page 7