Resolution 4.19.23
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Artie’s Camping & More/James Benedetti
File Number: AV 14-2023
Location: 1444 State Route 9
Tax Map Number: 288.12-1-22
ZBA Meeting Date: April 19, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from Artie’s Camping
& More/James Benedetti. Applicant proposes to have a 4,000 sq. ft. tent placed in a portion of the parking lot
to operate a tent sale from the last week in June to second week in September 2023, 2024, & 2025. The sales are
for Artie’s Camping & More. The tent will be enclosed with openings for access and 18 ft. in height. There is
to be a sign on the tent for the business operation. Site plan for outside sales tent in the Commercial Intensive
zone. Relief is requested for parking.
The applicant requests relief for parking for the use of a seasonal outdoor tent sales for an existing business. The
project site is 7.01 ac located in a Commercial Intensive zone.
Section 179-3-040 dimensional, Section 179-4-090-Parking
Relief is requested for 42 spaces where the existing building requires 380 spaces and the addition of the tent
requires 20 additional spaces. The site would require 400 spaces but when the tent is up there will only be 358
spaces available.
SEQR Type II – no further review required;
A public hearing was advertised and held on April 19, 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
since it’s essentially been in the same place for many other previous years.
2. Feasible alternatives have been considered. It’s the only tent. There’s no requests from other vendors on
site.
3. The requested variance is substantial because it removes some parking from the lot but we still find the
parking that would be left would be adequate.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Relief Required:
5. The alleged difficulty is self-created because of wanting to do a tent sale.
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. 14-
2023, Introduced by James Underwood, who moved for its adoption, seconded by Ronald Kuhl:
Duly adopted this 19th Day of April 2023 by the following vote:
AYES: Mr. Henkel, Mr. Cipperly, Mr. Kuhl, Mr. Underwood, Mr. Keenan, Mr. McCabe
NOES: Mr. Urrico