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Meeting Minutes(Queensbury ZBA Meeting 03/29/2023) 1 NEW BUSINESS: AREA VARIANCE NO. 10-2023 SEQRA TYPE TYPE II GEOFFREY & CHERYL HOFFMAN OWNER(S) GEOFFREY & CHERYL HOFFMAN ZONING NC LOCATION 1234 BAY RD. APPLICANT PROPOSES A 72 SQ. FT. COVERED PORCH AND 72 SQ. FT. RAMP ADDITION TO THE WEST SIDE OF AN EXISTING 600 SQ. FT. COMMERCIAL BUILDING FOR A COMPLIANT ADA ACCESS. THE EXISTING DRIVEWAY AND PARKING AREA TO REMAIN THE SAME. THE BUILDING IS TO BE USED FOR ARTISAN CRAFT BUSINESS. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF SP 19-2022 WARREN COUNTY PLANNING MARCH 2023 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.2 ACRES TAX MAP NO. 278.-2-9 SECTION 179-3-040 GEOFF HOFFMAN, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 10-2023, Geoffrey & Cheryl Hoffman, Meeting Date: March 29, 2023 “Project Location: 1234 Bay Rd. Description of Proposed Project: Applicant proposes a 72 sq. ft. covered porch and 72 sq. ft. ramp addition to the east side of an existing 600 sq. ft. commercial building for a compliant ADA access. The existing driveway and parking area to remain the same. The building is to be used for artisan craft business. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a compliant access covered landing and ramp. The project is located in the Neighborhood Commercial zone on a 0.17 ac parcel. Section 179-3-040 dimensional, 179-4-080 porches The new porch area with ramp is to be 20 ft. from the property line where a 75 ft. setback is required. 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. Minor to no impacts to the neighborhood character may be anticipated. 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. Feasible alternatives may be limited due to the shape of the lot and the location of the building on the lot. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief for setback is 55 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes construction of a new covered porch and ramp for an entry to the existing building. The applicant received site plan approvals for the building to be a retail artisan shop. The applicant has decided to improve the building with an accessible ramp entry. The plans show the location of the new entry area and the building elevations.” MR. HOFFMAN-Good evening. So I’m Geoff Hoffman, 1269 Bay Road. I live up the block from this project and I think it’s the most practical way to get an ADA compliant access to the building and still maintain the aesthetics of the building. I think that’s important, 200 year old, one room schoolhouse. So there’s some historical significance I think we can all agree to that. So it will still maintain that visual from the front, but with the least impact on setback and the most practical and efficient way to enter the building is right there on the east side, going straight to the parking lot. So that’s what I propose. MR. MC CABE-Do we have questions of the applicant? So a public hearing has been advertised. So at this time I’m going to open the public hearing and seek input from the audience. Is there anybody here? Do we have anything written, Roy? (Queensbury ZBA Meeting 03/29/2023) 2 PUBLIC HEARING OPENED MR. URRICO-No. MR. MC CABE-So at this particular time I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I’m going to poll the Board, and I’m going to start with Mary. MR. PALACINO-Having driven by the property and recognizing what you’re looking to do, I would really have no difficulty approving this one. MR. MC CABE-Jim? MR. UNDERWOOD-It’s a straightforward request based on the historical significance of that location. So I have no problem with it. MR. MC CABE-Bob? MR. KEENAN-You don’t have a whole lot of wiggle room in this one. So I don’t have any issues. MR. MC CABE-Dick? MR. CIPPERLY-I think this is the most practical way to provide whatever access is required. MR. MC CABE-Roy? MR. URRICO-Yes, I think it fits with the neighborhood. I’d be in favor of it. MR. MC CABE-And the request is minimal so I, too, support the project. So I’m going to ask Mary if you’d make a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Geoffrey & Cheryl Hoffman. Applicant proposes a 72 sq. ft. covered porch and 72 sq. ft. ramp addition to the east side of an existing 600 sq. ft. commercial building for a compliant ADA access. The existing driveway and parking area to remain the same. The building is to be used for artisan craft business. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a compliant access covered landing and ramp. The project is located in the Neighborhood Commercial zone on a 0.17 ac parcel. Section 179-3-040 dimensional, 179-4-080 porches The new porch area with ramp is to be 20 ft. from the property line where a 75 ft. setback is required. SEQR Type II – no further review required; A public hearing was advertised and held on March 29, 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 because the accessibility access is placed in an area that is most conducive to the parking area. 2. Feasible alternatives have been considered and determined that are reasonable and have been included to minimize the request. 3. The requested variance is not substantial because it really has no negative impact on the neighboring properties. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. (Queensbury ZBA Meeting 03/29/2023) 3 5. The alleged difficulty is considered self-created because you’re looking to provide an ADA compliant structure. 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. 10-2023 GEOFFREY & CHERYL HOFFMAN, Introduced by Mary Palacino, who moved for its adoption, seconded by Roy Urrico: Duly adopted this 29th Day of March 2023 by the following vote: AYES: Mr. Cipperly, Mr. Keenan, Mr. Underwood, Mrs. Palacino, Mr. Urrico, Mr. McCabe NOES: NONE ABSENT: Mr. Henkel, Mr. Kuhl MR. MC CABE-Congratulations, you have a project. MR. HOFFMAN-Thanks very much.