ApplicationTOWN OF QUEENSBURY ❑im
Cri�)AjSe ❑
❑ Type I Action
❑ Type U Action
❑ Type Unlisted
variance
[j Warren County Planning
❑ Adirondack Park Agency
1. Applicant's Name: L. RAE GILLIS
VARIAMCE ;�-1990
office stamp
Street Address: 1386 Lockhart Mountain Road
City, State, Zip: Queensbury, New York 12804
Telephone No. (518) 668-2293
2. Agent's Name: MCPHILLIPS, FITZGERALD & MEYER
Street Address: 288 Glen Street, P. 0. Box 299
City, State, Zip: Glens Falls, New York 12801
Telephone No. (518) 792-1174
3. Owner's Name: L. RAE
Street Address: 1368 Lockhart Mountain Road
City, State, Zip: Queensbury, New York 12804
Telephone No. (518) 668-2293
4. Location of property: East Side, Lockhart Mountain Road Queensbury, NY
5. Description of how to find the property: Bay Road North to Lockhart Mountain
Road, left on Lockhart Mountain Road, propety approximately One (1) mile
on the right hand side.
6.
Tax Map Number:
Section 23
, Block 1 , Lot 29. 1
7.
Zone Classification:
RR5A
Lot Size: 13.74 sq.ft./acres
8. Section(s) of the Zoning Ordinance from which you are seeking this Variance:
4.020-C
9. Present use(s) of property (explain in detail): Property contains Owners residence
large abandoned hen house and smaller 50' x 150' building in which two (2)
businesses operate. One business manufactures bird houses, the other
koat trailers
10. opos use of property (describe the proposed change that you are making to
the present use): Use vairance for the two business described in No.9
11. Is the property in question within 500 feet of a County or State Right of Way,
Park, Municipal Boundary, or Watershed draining any County or State facilities,
requiring review by the Warren County Planning Board? ❑ YES, NO
'HOME OF NATURAL BEAUTY A GOOD PLACE TO LIVE"
Use Variance
1Z. List the names and location of the parcel (include tax map number and zon4)
of adjoining property owners.
NORTHERLY
Tax Map # 23.-1-29.1
Zone:
Name:
RR5A
GILLIS, L. Rae
SOUTHERLY
Tax Map # 28.1-29.21
Zone: RR5A
Name: GILLIS, L.Rae
EASTERLY WESTERLY
Tax Map # 23.-1-33 Tax Map # 23.-1-29.24
Zone: RR5A Zone: RR5A
Name: TRACY, Phoebe Name: DeCARLO, Angelo
An individual who wants to utilize property for a use that is not permitted
by the Zoning Ordinance must apply for a USE VARIANCE. An application
for a Use Variance must demonstrate that the Ordinance creates an unnecessary
hardship on the property by satisfying all of the following three tests:
1. Reasonable Return: The applicant must demonstrate an inability to
realize a reasonable return under any of the uses permitted by the Zoning
Ordinance. There must be proof of the applicant's inability to realize
a reasonable return; speculation or qualitative assessment is inadequate.
Failure to realize the highest return is not a hardship.
2. Uniqueness: The applicant must prove that a specified unnecessary hardship
exists because of: (a) exceptional or extraordinary circumstances applying
to the property, and not applying generally to other properties in the
same district, and; (b) lot size or shape legally existing prior to the date
of the Zoning Ordinance, or topography, or other circumstances over
which the applicant has had no control, and that these circumstances
make it impossible to earn a reasonable return without some adjustment.
If the features or conditions are generally applicable throughout the
district, relief should be accomplished by a zoning amendment, not a
variance.
3. Character: The applicant must prove that the requested modification
will not change the character or quality of the neighborhood. In addition,
the "spirit" of the Ordinance or Local Law should be preserved.
Please answer the following questions. Attach additional sheets if necessary.
13. Is a resonable return possible if the land is used as zoned? ❑ Yes, 0 No
Explain:
14. Are the circumstances of this lot unique and not due to the unreasonableness
of the Ordinance? ❑ Yes, ❑ No Explain:
See attached
15. Is there and adverse effect on the neighborhood character? ❑ Yes, >13 No
Explain: See attached
ATTACHMENT NUMBER I
13. Is a reasonable return possible if the land is used as zoned ? NO.
The applicant's property is presently zoned for Rural Residential five
(5) acres (RR5A). Mr. Gillis owns approximately twenty-four (24) total acres
on the easterly side of Lockhart Mountain Road. On this property sits his
residence as well as two (2) large structures which remain from the Egg Farm
which was formerly operated on the premises. Mr. Gillis has recently
sub -divided and sold off several lots on the westerly side of Lockhart
Mountain Road directly across from his property. Each lot consisted of
approximately five (5) acres and the average price for each was Twenty
Thousand ($20,000.00) Dollars. Mr. Gillis further wishes to subdivide his
remaining property and sell off two (2) additional lots on the southerly
portion of such property. He will retain a minimum of five (5) acres on which
he will continue to reside, resulting in one (1) remaining parcel which
consists of anywhere from five (5) to nine (9) acres. Due to the geography,
this would be the least valuable property of the entire original fifty-six
(56) acre site as it rests primarily in a hollow. Additionally, the costs to
remove the existing structures, which remain from the Egg Farm, will cost
approximately Thirty Thousand ($30,000.00) Dollars. Therefore, assuming a
nine (9) acres parcel, the cost of removing the structures so as to market the
same for residential use, would be prohibitive based upon the return
anticipated from the sale of the lot. Without the removal of the structures,
it is anticipated that there could be no sale of the property for use pursuant
to existing zoning. Therefore, as zoned, there is no reasonable return
possible on this land.
14. Are the circumstances of this lot unique and not due to the
unreasonableness of the ordinance? YES
There are two (2) large structures which formerly housed the Egg Farm
which remain on the subject property. The larger structure was originally
built in 1938 with the smaller structure, for which a use variance is
requested, being built in 1955. These structures are quite large, especially
the four (4) story One Hundred Fifty (150') foot long structure which formerly
served as a hen house. These structures were in existence when the applicant
purchased the property in 1961 and were in existence prior to any zoning of
this area by the Town of Queensbury. It is estimated that the cost to tear
down these existing structures would be Thirty Thousand ($30,Ob0.o0) Dollars,
and as such the cost is prohibitive for any return which would!be gained from
the sale of the property. Additionally, this area of property is set in a
hollow and is much less marketable for residential use than other locations in
the immediate area. The Applicant ceased to run the Egg Farm in 1977 due to
disease which took a heavy toll on the chickens and also due to the fact that
the farm was no longer profitable. Therefore, due to the unique and large
structures which remain from the Egg Farm and the topography of this land, the
estimated costs for five (5) acre lots for residential use in this area based
upon the Applicant's sale of the same and the cost of removing the structures,
there does exist a unique character to this land which gives rise to
unnecessary hardship because of the circumstances set forth above.
15. Is there an adverse affect on the neighborhood character? NO
The original hen house was constructed in 1938 with the structure for
which the Applicant is seeking a use variance and having been in existence
since 1955. This area is zoned rural residential, however, at the present
time there are only a few residences within the immediate vicinity of the
property. The property is heavily wooded and the structure for which the use
variance is requested is back over two hundred (200') feet from Lockhart
Mountain itself and is buffered by woods and trees on two (2) sides and
partially hidden by the larger structure which exists to the south of it.
Access to the structure is through a long driveway running along Lockhart
Mountain Road for several hundred feet to the property.
The businesses for which a use variance is requested are not of a
commercial nature and therefore it is anticipated that there will be little,
if any, traffic on Lockhart Mountain Road. Previously there have been
variances in place to authorize auto body shops and it is anticipated that the
traffic for this will be much less than for previous uses which were
authorized by the Town of Queensbury for the use of this structure.
Use Variance
16. Other comments:
MESSAGE TO THE APPLICANT/AGENT
We recommend your purchasing the ZONING ORDINANCE so that you may
be fully apprised of all Town of Queensbury regulations*
Please return the ORIGINAL APPLICATION with all pages intact. The Planning
Department requires 13 copies of your application. A complete application shall
include a variance site plan with narrative and supporting reports, if applicable.
All maps must be folded to an 8M by 14 inch or smaller format. All components
of the submittal must contain all information required under the applicable Town
law or regulation.
A complete application is necessary for placement of the Queensbury Zoning
Board of Appeals agenda. The necessary information that you will need for a complete
variance site plan will follow after this message.
Applications must be received by 2 p.m. on the deadline date. The deadline
dates for submission are listed on the Deadline Submission Sheet available in the
Planning Department. However, submittals will be accepted prior to the submission
deadline date for staff review and placement on the agenda.
Other permits may be required for construction or alterations subsequent to
approval by the Zoning Board of Appeals. It is the applicant's responsibility to obtain
these permits.
I have read and understand the above message:
(signature of applicant)
Please attach the following items to your application:
17. A location map showing the site within the Town.
is.
A site plan showing existing and proposed features of the property, including:
A.
B.
C.
D.
E.
F.
G.
lot dimensions
north arrow and scale
location and dimensions of existing
and proposed buildings, showing setback
distances and uses
parking layout to scale
physical features (streets, steep slopes,
lakes, wetlands, etc)
location of water and sewer systems, if applicable
easements and public roads
H u..4r$
0
Queensbury Zoning Board of Appeals
Checklist
Draw to scale (preferably 1 inch equals 40 feet or lest) a detailed description
of the proposed site.
A. Title of drawing, including name and address of applicant and person responsible
for preparation of such drawing. L. Rae Gillis, 1386 Lockhart Mountain Road,
B. North arrow, scale, and date. Queensbury, New York 12804
C. Boundaries of the property with dimensions in feet, including zoning boundary
delineations.
D. Existing watercourses, wetlands, and other waterbodies.
E. Location of all existing principle and accessory structures and their uses with
exterior dimensions and lot line and waterfront setbacks.
F. Location of all proposed principle and accessory uses and structures with exterior
dimensions and setbacks.
G. Location of any existing or proposed easements, driveways, outdoor storage
and refuse containment areas, including setbacks.
H. Location of existing and proposed sewage disposal facilities, including lot line,
waterfront and well setbacks. Also, location of existing sewage and water
systems on adjoining lots.
I. Location and description of existing public or private water supply.
J. Description of the method of securing public or private water and location.
K. Location and design of all existing and proposed parking and loading areas,
showing driveways, ingress, egress, handicapped parking and curbing.
L. Total number of existing parking spaces, including the number of those to
remain or to be removed, those to be paved, those to be gravelled, and total
number of proposed new paved spaces and proposed gravelled spaces, including
basis for determining parking adequacy.
M. Location, design, and construction materials of all existing or proposed site
improvements; including drains, culverts, retaining walls, and fences.
N. Location, setbacks, and size of all existing and proposed signs; including design
and construction details of proposed signs.
O. Location and proposed development of all buffer areas, including existing
vegetative cover and screening of storage or refuse areas.
P. Location and design of all existing and proposed outdoor lighting facilities.
Q. Identification of the location and amount of building area proposed for retail
sales or similar commercial activity.
R. If applicable, the applicant is required to submit a Material Safety Data Sheet
(MSDA) as required by the Environmental Protection Agency. The list must
include the chemicals and hazardous materials to be stored and used on site
and the quantities of such. The plan presented to the Board must show any
storage and containment areas.
S. General landscaping plan.
T. Other elements integral to the proposed development as considered necessary
by the Zoning Board of Appeals.
Applicants should be advised that they are to address all of the items on the
checklist. If the required information is not on the submission, the application will
be removed from the agenda.
Applicant/Agent, please initial: (' 11 -"� s
TOWN OF QUEENSBURY
AUTHORIZATION TO ACT A AGENT FOR
1, L. Rae Gillis %ekkx%)Pwner) of premises located at
Tax Map Number 23.-1-29.1 hereby designate Scott R. Hatz and/or William J.
White
as my agent regarding an application for (Subdivision, Site Plan Review, Variance) of the
above premises.
Deed Reference Book 638 Page 136 Date
Does the above parcel represent owner's entire contiguous holdings? Please attach
explanation. No, Applicant also owns 23.-1-29.21 which surrounds lot 29.1 on
three (3) sides.
Signed:y ' Date: September . 1990
SE READ AND SIGN
"The parties hereto consent that the proceedings which result from the within
application may be tape-recorded and transcribed by the Town Clerk or his agent and
that such minutes as may be transcribed shall constitute the official record of all
proceedings regarding this application, unless the same may vary from the handwritten
minutes taken by the Town Clerk or the Secretary of the Planning Board or Zoning Board
of Appeals, in which event the handwritten minutes as to such inconsistencies shall be
deemed the official record."
Applicant's Signature
Date: SPntembPr 25. 1990
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PROJECT 1.0. NUMBER 617.21 SEOR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART i—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT !SPONSOR
2. PROJECT NAME
ll' Use Variance Application
]. PROJECT LOCATION:
Lockhart Mountain Road, Queens bu rycounty Warren
Municipality
4. PRECISE LOCATION (Street address and road intersections, prominent lanam as, ta, or rovids map)
1368 Lockhart Mountain Road, Queensbury, New York - lfpproximately 24 total acres
owned by Applicant, site of former egg farm. Several structures from said egg farm
still exist on property. Site is approximately one (1) mile from intersection of
Lockhart Mountain Road and Bay Road.
S. IS PROPOSED ACTION:
A{d New ❑ Expansion ❑ Mod If cat,owaltelation
6. DESCRIBE PROJECT BRIEFLY:
Applicant desires to obtain use variance to enable him to lease space in smaller
remaining structure for use as light industry. One tenant bulds bird houses, the
other builds boat trailers. Property is presently zoned RR5A.
7. AMOUNT OF LAND AFFECTED:
Initially acras Ultimately 24 acres
a. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes EINo If No, describe briefly Property is presently zoned RR5A. Applicant needs
use variance to authorize the uses contemplated by this project.
9. WHAT 15 PRESENT LAND USE IN VICINITY OF PROJECT?
M Residential ❑ InduslrlAI ❑ commercial ❑ Agriculture ❑ ParbFwasUOpan space Cl Other
Describe:
Rural Residential 5 Acres
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAU?(ppyy
Cl Yes M(No If yes, list Agency($) and parmlllapprovals
it. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Cl Yes 12Nc If yes, list agency name and permluapproval
ti. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? I
❑Yes X®No
I CERTIFY THAT THE INFORMATION PROVIDED AS VEvIS TR E TO THE BEST OF MY KNOWLEDGE
/ [ J � Dare: September 25, 1
Applicanuaponsor name:
Signature: ,•
If the action Is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
TOWN OF QUEENSBURY
Planning Department
"NOTE TO FILE'
Mrs. Lee A. York, Senior Planner
Mr. John S. Goralski, Planner
Mr. Stuart G. Baker, Assistant Planner
Area Variance
�— Use Variance
Sign Variance
Interpretation
Other.
Application Number.
Applicant's Name:
Meeting Date:
Date: October 23, 1990
By: Lee A. York
_ Subdivision: _ Sketch, _ Preliminary, _ Final
_ Site Plan Review
_ Petition for a Change of Zone
Freshwater Wetlands Permit
Use Variance No. 82-1990
L. Rae Gillis
October 24, 1990
ssssss*s**ss*sssssssss*sss*ssssss**s**s**ssss*ss*ss*sssssss**s*s*ss**s**s**sss*s*ss*ssssss*s
The request is to vary the use on a property zoned RR-5A. The property
currently has a residence on it and an abandoned hen house and a 50' x 150'
building,. There are currently two business' operating in the 50 x 150
building. They are Light Industrial.
This property received a use variance June 15, 1983 (minutes attached) to
have an auto repair shop on the .premises. The variance went with Mr. Gannins'
use (Top of The World Auto Body) of the property only.
The tests for a use variance are as follows:
1) Reasonable Return: The applicant must demonstrate an inability to
realize a reasonable return under any uses permitted by the Zoning
Ordinance.
The application (attachment 1) discusses the use of the property for
residential purposes and the cost of removal of the existing structures.
The other uses listed under Rural Residential are not addressed. These
include: group camp, dog kennel and riding stable, animal husbandry,
agricultural use, veterinary use, and commercial greenhouse.
There also must be proof presented to the Board substantiating the
applicants inability to realize a reasonable return. This has not been
included in the application.
Use Variance 82-1990
2) Uniqueness: The applicant must prove that an unnecessary hardship
exists because of: (a) exceptional or extraordinary circumstances
applying to the property, (b) lot shape or legally existing prior to the
date of the Ordinance.
The application indicates that the property is set in a "hollow" and less
marketable for residential purposes than other areas. The topography
itself does not make this property unique or exceptional. The fact that
the applicants residence is in the same "hollow" would indicate that the
area is suitable for residential purposes.
The unique features which do exist on the property are the buildings.
The zoning on the property is Rural Residential which does allow for
agricultural uses which the buildings were originally used for.
The applicant did, however, have a previous variance to use the buildings
for a commercial use. Since the decision of the Board was to limit the
commercial use to that particular business, it would indicate that there
was consideration given to the preexisting structures but a hesitancy for
long term change of use on that property.
3) Character: The applicant must prove that the requested modification
will not change the quality of the neighborhood. In addition, the
"spirit of the Ordinance or Local Law should be preserved".
The rationalefor having zoning districts is so that uses in the community
do not come in conflict. In fact this is one reason why a 50 foot buffer
is required between residential and tomnmeYI-cXl and industrial zones in
the Town. (tCl �-I
The The purpose of the Rural Residential zone is: To enhance the natural
open space and rural character of the Town of Queensbury by limiting
development to sparse densities. Steep slopes, wetlands, limiting soils
and marginal access to populated areas often characterizes such areas,
warranting said densities.
The purpose of the Light Industrial zone is: Provide opportunities for
the expansion of light industry without competition with other use types.
Highway oriented and research businesses need opportunities appropriately
located near major highways from which they receive their materials and
to which they dispense their products.
The applicant states that because there are currently few residences
within the immediate vicinity and because the area is heavily wooded and
the building set back from the road, the light industrial uses should not
impact the neighborhood. The applicant did state earlier that he has
recently subdivided and sold off several lots on the westerly side of
Lockhart Mountain Road directly across from this property. It would
appear from the application that this residential neighborhood will he
I . . .
0
Use Variance 82-1990
more heavily developed in the near future. A light industrial use may be
inappropriate. Mr. Gillis' petition also states that the proposed
business' are not of a commercial nature, therefore, there will be
little, if any, traffic on Lockhart Mountain Road. There are no traffic
studies done on bird house and boat trailer manufacturers, however, raw
goods have to be delivered, finished goods have to be moved and employees
have to get to and from work.
The concern with granting any variance for a non-residential
residential zone is that a variance runs with the property.
which are listed under Section 4.020-N, Light Industrial
reviewed with regard to this site and petition.
LAY/pw
use in a
The uses
should be
�2 30
Zoning Board
Page 4
June 15, 1983
VARIANCE NO. 835 - L
Rae Gillis, Lockhart Road
To use an existing building as dry storage
Chairman asked Mr. Gillis what kind of storage and Mr. Gillis
answered 'just storage'.
Chairman then asked what kind of repair work in the other building.
Mr. Gillis said auto body repair.
Chairman then noted that what you are planning on doing there is
just to recycle the buildings. Would you be requiring any signs.
Mr. Gillis added that possibly something would be needed.
Mrs. Goetz was concerned with just what kind of storage would be
in the building.
Mr. Gillis then answered dry storage only.
Mr. Turner asked if he was contemplating renting space and Mr.
Gillis said no.
Mr. Gannin explained how he planned to do auto body work in the
smaller building.
The Queensbury Town Planning Board recommended approval.
Mr. Sicard recommended that if it were approved it be approved for
the tenancy of Mr. Gannin as owner operator of the auto repair shop.
Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively,
it was
RESOLVED THAT the Zoning Board of Appeals hereby approves Variance
No. 835 is hereby approved for the owner -operator of the auto
repair shop, Mr. Gannin and for household storage for Mr. Gillis.
This variance is to go with the applicant only.
Approved.
VARIANCE NO. 836 - William Threw - South side Sherman Ave.
To manufacture concrete products and store equipment on property
situated at the south side of Sherman Avenue.
Mr. Threw was represented by Attorney Robert Stewart who stated
that the property consists of 25 acres. He mentioned planned
removal of a shack )n the property
GONSTRUCT/Oof
iy
�o
234 QUEENSBURY AVENUE
QUEENSBURY, NY12804
(518) 798-0338
FAX (518) 798-3197
Nov. 13, 1990
Town of Queensbury
Queensbury Town Hall
Bay Road
Queensbury, New York 12804
Dear Gentlemen:
On Nov. 12, 1990, Mr. Gillis and I, along with this Attorney, reviewed
the existing buildings located on Mr. Gillis's property, Box 1386, Lake George.
NY.
The 150' x 50' single story building (now being occupied by tennants) is
in relatively good condition for it's present use. Conversion of this building
to such uses as "greenhouse" or similar occupation would be cost prohibitive
in the range of $100,000.00 - $130,000.00.
The roof system would have to be removed to receive a done or glass roof,
walls would have to be insulated and finished, floors are in very bad shape
and should be replaced.
A new complete greenhouse of this size from a manufacturer would cost less
than renovating this building.
In reference to the larger 3 story unoccupied building; structuraly it is
in excellent condition; however, the extensive costs of renovation prohibit
the building from being used for any of the purposes which I understand to be
permitted under the Zoning Ordinance.
The building can be used for so many occupations that undoubtedly would
help the Comiunity. The use of this building for a greenhouse would be out of
the question because of the cost.
If any further discussion or information is needed please do not hesitate
to contact me at your earliest convenience.
Si cerely Yours
Thomas G. Albrecht, Sr.
cc: Town of Queensbury
Ray Gillis
Bill White, Atty.
,.P
TOWN OF QUEENSBURY
Bay at Haviland Road, Queensbury, NY 12804-9725-518-792-5832
Theodore Turner, Chairman
R.D. #5, Box 409
139 Meadowbrook Road
Queensbury, New York 12804
TO: L. Rae Gillis
1386 Lockhart Mountain Road
Queensbury, NY 12804
Susan Geotz, Secretary
19 Wincrest Drive
Queensbury, New York 12804
RE: Use Variance No. 82-1990
L. Rae Gillis
east side, Lockhart Mt. Rd.
ATTN: L. Rae Gillis
DATE: October 24, 1990 Meeting Date
We have reviewed the request for:
Area Variance
X Use Variance
Sign Variance
Other
and have the following recommendations:
APPROVED DENIED X TABLED
RESOLVED:
NOTION TO TABLE USE VARIANCE NO. 82-1990 L. RAE GILLIS, Introduced by Bruce Carr
who moved for its adoption, seconded by Charles Sicard:
Tabled for further information from the applicant, at the applicant's request.
Duly adopted this 24th day of October, 1990, by the following vote:
AYES: Mrs. Eggleston, Mr. Carr, Mr. Kelley, Mr. Sicard, Mrs. Goetz, Mr. Shea,
Mr. Turner
NOES: NONE
PLEASE READ THE BACK OF THIS FORM - Thank you.
Approval of this application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park jurisdictional.
Sincerely, �
/fir li(Jti/tLt
Theodore Turner, Chairman
Queensbury Zoning Board of Appeals
TT/sed
cc: Scott Hatz - McPhillips, Fitzgerald & Meyer
4
a
We recommend your purchasing the ZONING ORDINANCE so that you may be fully
apprised of all Town of Queensbury regulations.
Section 10.070 Expiration of Variance Decision by Zoning Board of Appeals.
Unless otherwise specified or extended by the Zoning Board of Appeals,
decision on any request for a variance shall expire if the applicant fails
to undertake the proposed action or project, to obtain any necessary building
permit to construct any proposed new building(s) or change any existing
building(s), or to comply with the conditions of said authorization within
one (1) year from the filing date of such decision thereof.
Section 10.060 Variance Application Hearing and Decision.
C. For decisions involving lands within the Adirondack Park, the Board
shall notify the Adirondack Park Agency, by certified mail of such
decision. Any variance granted or granted with conditions shall not
be effective until thirty (30) days after such notice to the Agency.
If, within such thirty (30) day period, the Agency determines that such
variance involves the provisions of the Land Use and Development Plan
as approved in the local land use program, including any shoreline restriction,
and was not based upon the appropriate statutory basis of practical difficulties
or unnecessary hardships, the Agency may reverse the local determination
to grant the variance.
TOWN OF QUEENSBURY
Bey at Haviland Road, Queensbury, NY 12804.9725-518-792.5832
Theodore Turner, Chairman Susan Geotz, Secretary
R.D. #5, Box 409 19 Wincrest Drive
139 Meadowbrook Road Queensbury, New York 12804
Queensbury, New York 12804
TO: L. Rae Gillis
1386 Lockhart Mountain Road
Queensbury, NY 12804
ATTN: L. Rae Gillis
RE: Use Variance No. 8Z-1990
L. Rae Gillis
east side, Lockhart Mt. Rd.
DATE: November 14, 1990 Meeting Date
We have reviewed the request for:
Area Variance
X Use Variance
Sign Variance
Other
and have the following recommendations:
RESOLVED:
X APPROVED DENIED TABLED
NOTION T8 APMI WE USE VARIANCE 10 82-1990 L RAE GILLIS, Introduced by Jeffrey Kelley who moved
for its adoption, seconded by Joyce Eggleston:
The variance should be granted based on the following information, and that is that there is a
specified unnecessary hardship that this applicant has and that is the existence of two prior existing
buildings and these were used for the purpose of raising hens for the egg business. This was a former
chicken farm and they sold eggs. The buildings that exist are an important part of this variance
because of their unusual size. One building being 50 feet by 150 feet, a one story building, and
the second building being 162 feet long and 35 feet wide, but it's four stories high. This is a
very large building. We've seen pictures of it. The difficulty is that they can't be used for any
of the permitted uses under Site Plan Review and the cost to demolish them was shown to us with an
estimate from a local contractor and the cost of removal is $32,500. The property itself was appraised
and the raw land value was appraised at around $42.000. Again, the hardship, here, is that Mr. Gillis
could only sell this land for approximately $10,000, if a would be buyer were to pay for what the
land was really worth. It's because of these facts that Mr. Gillis cannot yield a reasonable financial
return. The types of businesses, there are two which we want to grant this variance for, seem to
have a minimal impact on the neighborhood and we feel we can control this by imposing the following
restrictions: the restrictions would, One, limit the variance to Performance Trailers and American
Pie. The other limitation would be that both businesses have agreed to be limited to no more than
three people, each.
Duly adopted this 14th day of November, 1990, by the following vote:
AYES: Mrs. Goetz, Mr. Sicard, Mr. Shea, Mr. Kelley, Mrs. Eggleston, Mr. Turner
NOES: MORE
ABSENT: Mr. Carr
PLEASE READ THE BACK OF THIS FORM - Thank you.
Approval of this application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park jurisdictional.
Sincerely,
'eq, � **w 240clee-
Theodore Turner, Chairman
Queensbury Zoning Board of Appeals
TT/sed
cc: Scott Hatz- McPhillips, Fitzgerald & Meyer
We recommend your purchasing the ZONING ORDINANCE so that you may be fully
apprised of all Town of Queensbury regulations.
Section 10.070 Expiration of Variance Decision by Zoning Board of Appeals.
Unless otherwise specified or extended by the Zoning Board of Appeals,
decision on any request for a variance shall expire if the applicant fails
to undertake the proposed action or project, to obtain any necessary building
permit to construct any proposed new building(s) or change any existing
building(s), or to comply with the conditions of said authorization within
one (1) year from the filing date of such decision thereof.
Section 10.060 Variance Application Hearing and Decision.
C. For decisions involving lands within the Adirondack Park, the Board
shall notify the Adirondack Park Agency, by certified mail of such
decision. Any variance granted or granted with conditions shall not
be effective until thirty (30) days after such notice to the Agency.
If, within such thirty (30) day period, the Agency determines that such
variance involves the provisions of the Land Use and Development Plan
as approved in the local land use program, including any shoreline restriction,
and was not based upon the appropriate statutory basis of practical difficulties
or unnecessary hardships, the Agency may reverse the local determination
to grant the variance.