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ZBA Staff NotesStaff Notes ZBA August 16, 2023 Administrative Items: Approval of Meeting Minutes for July 19, 2023 Request to Table AV 4-2023 (Eberlein) to October 18, 2023 New Business: AV 27-2023 Elizabeth Hogan AV 31-2023 Queensbury Avenue LLC AV 28-2023 James DeNooyer AV 29-2023 William Gedney AV 30-2023 Stephen &Sabrina Hitchcock Queensbury Zoning Board of Appeals Agenda Meeting: August 16, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for July 19, 2023 Request to Table AV 4-2023 (Eberlein) to October 18, 2023 NEW BUSINESS: Applicant(s) Elizabeth Hogan Area Variance Number AV 27-2023 Owner(s) Robert & Elizabeth Hogan SEQRA Type Type II A ent s n/a Lot Size 2.42 acres Location & Ward 105 Fitzgerald Rd. Ward 1 Zoning WR Tax Id No 289.14-1-27.2 Section 179-3-040; 179-6-065 Cross Ref SP 53-2023 Warren County Planning n/a Public Hearing August 16, 2023 Adirondack Park Agency n/a Proiect Description: Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft. of the shoreline. The sauna and lean-to were constructed as amenities to the lake. The existing 1,682 sq. ft. footprint home is to remain. The existing site conditions and steps are to remain with no changes. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of shoreline. Relief is requested for setbacks. Applicant(s) Queensbu Avenue LLC Area Variance Number AV 31-2023 Owner(s) Ibrahim Jamal & Samer Makhlouf SEQRA Type Type II Agent(s) Caryn Mlodzianowski, Bohler Engineering & Landscape Architecture NY PLLC Lot Size 1.35 acres Location & Ward 1 446 Dix Avenue Ward 2 Zoning CM Tax Id No 303.16-1-58 Section 179-3-040 Cross Ref SP 54-2023; PZ 60-2016; SP 34-95 Warren County Planning August 2023 Public Hearing August 16, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes an 1,818 sq. ft. single story addition of a convenience store to an existing 3,514 sq. ft. building with access to each use internally. The existing building is for Cameron's Deli and has an existing basement and a garage with a second story. The project includes construction of a 1,458 sq. ft. gas canopy with 6 fueling stations. The site work includes stormwater management, lighting, and landscaping. Site plan for new commercial use in the CM zone. Relief is requested for setbacks. Applicant(s) James DeNoo er Area Variance Number AV 28-2023 Owner(s) James DeNooyer SEQRA Type Type II Agent(s) Joseph J Bianchine, PE & Dave Kimmer ABD En ineers LLP Lot Size 1.84 acres Location & Ward 19 Lockhart Loop Ward 1 Zoning RR-5A Tax Id No 239.18-1-22 Section 179-5-020 Cross Ref AV 34-2020; SP 44-2020 Warren County Planning August 2023 Public Hearing August 16, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a 1,891 sq. ft. pickleball court with a surrounding fence. The project includes stormwater management and grading for the court. The fence indicates a decorative fence of privacy type. The existing home of 1,548 sq. ft. footprint and the 988 sq. ft. footprint garage is to remain. The garage will have the fence attached to it. Relief is requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: August 16, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center— 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) William Gedney Area Variance Number AV 29-2023 Owner(s) William Gedney SEQRA Type Type II A ent s Ethan Hall Rucinski Hall Architecture Lot Size 0.33 acres Location & Ward 33 Sullivan Rd. Ward 1 Zoning WR Tax Id No 289.9-1-22 Section 179-3-040 Cross Ref AV 64-2014; AV 1343-21303 Warren County Planning n/a Public Hearing August 16, 2023 Adirondack Park Agency n/a Project Description: Applicant proposes a 726 sq. ft. two-story addition and side entry of a 199 sq. ft. porch. The project floor area is 2,165 sq. ft. and the new total floor area is to be 5,835 sq. ft. The project includes an update of the existing septic system. Relief is requested for setbacks, permeability, and floor area. Applicant(s) Stephen & Sabrina Hitchcock Area Variance Number AV 30-2023 Owner(s) Stephen & Sabrina Hitchcock SEQRA Type Type II A ent s n/a Lot Size 0.81 acres Location & Ward 537 State Route 149 Ward 1 Zoning RR-3A Tax Id No 278.-1-34 Section 179-5-020 Cross Ref AV 44-2019 Warren County Planning August 2023 Public Hearing August 16, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a 240 sq. ft. open -sided pavilion in the rear yard of an existing home. The existing home of 1,940 sq. ft. is to remain with no changes. The renderings of the pavilion indicate it will be 240 sq. ft. and 16 ft. in height. Relief is requested for setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2023\August 16, 2023\ZBA Final Agenda August 16, 2023.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 27-2023 Project Applicant: Elizabeth Hogan Project Location: 105 Fitzgerald Road Parcel History: SEQR Type: Meeting Date: SP 53-2023 Type II August 16, 2023 Description of Proposed Project: Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft. of the shoreline. The sauna and lean-to were constructed as amenities to the lake. The existing 1,682 sq. ft. footprint home is to remain. The existing site conditions and steps are to remain with no changes. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an already constructed lean-to and sauna. The project parcel is 2.42 ac and is located in the Waterfront Residential zone. 179-3-040 WR & 179-5-020 accessory structures The Sauna is 24.5 ft. from the shoreline and the Lean-to is 17 ft. from the shoreline where a 50 ft. shoreline 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 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 location of the accessory structures and the slope of the property. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code for setbacks. The side setback relief for the Sauna is 25.5 and the lean-to is 33 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed will have minimal impact to the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant requests to maintain two accessory buildings near the shoreline. The Lean-to is an open structure and used to store life jackets and items used on the lake. The Sauna was constructed from a kit and due to the proximity to the shore is subject to setback requirements. The applicant had to wait for the survey to be completed prior to presenting the project information to the board. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Dim of Queensbtny Area Variance Resolution To: Approve / Disapprove Applicant Name: Elizabeth Hogan File Number: AV 27-2023 Location: Tax Map Number: ZBA Meeting Date: 105 Fitzgerald Rd. 289.14-1-27.2 August 16, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Elizabeth Hogan. Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft. of the shoreline. The sauna and lean-to were constructed as amenities to the lake. The existing 1,682 sq. ft. footprint home is to remain. The existing site conditions and steps are to remain with no changes. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an already constructed lean-to and sauna. The project parcel is 2.42 ac and is located in the Waterfront Residential zone. 179-3-040 WR & 179-5-020 accessory structures The Sauna is 24.5 ft. from the shoreline and the Lean-to is 17 ft. from the shoreline where a 50 ft. shoreline setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 16, 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: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO.27-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 16" Day of August 2023 by the following vote: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 31-2023 Project Applicant: Queensbury Avenue, LLC. Project Location: 446 Dix Avenue Parcel History: SP 54-2023; PZ 60-2016; SP 34-95 SEQR Type: Type II Meeting Date: August 16, 2023 Description of Proposed Project: Applicant proposes an 1,818 sq. ft. single story addition of a convenience store to an existing 3,514 sq. ft. building with access to each use internally. The existing building is for Cameron's Deli and has an existing basement and a garage with a second story. The project includes construction of a 1,458 sq. ft. gas canopy with 6 fueling stations. The site work includes stormwater management, lighting, and landscaping. Site plan for new commercial use in the CM zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of gas canopy associated with construction of convenience store addition to an existing store. The project site is on a 1.35 ac parcel in the commercial moderate zone. Section 179-3-040 CM The proposed 1,458 sq. ft. gas canopy is to be located 56.9 ft. from the Dix Avenue setback 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 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 considered to align the canopy with the proposed addition. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 18.1 ft from the front setback. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The proposed gas canopy is proposed with the new addition to the existing building. The building would be 5,332 sq ft that would include the new convenience store, the existing Cameron's Deli with the garage. The plans indicate there are to be 6 fueling stations; the dimensions of the distance between parking and traffic flow are provided on the same plan. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 '!bwn of (Juccasbuiy Area Variance Resolution To: Approve / Disapprove Applicant Name: Queensbury Avenue LLC File Number: AV 31-2023 Location: 446 Dix Ave. Tax Map Number: 303.16-1-58 ZBA Meeting Date: August 16, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Queensbury Avenue LLC. Applicant proposes an 1,818 sq. ft. single story addition of a convenience store to an existing 3,514 sq. ft. building with access to each use internally. The existing building is for Cameron's Deli and has an existing basement and a garage with a second story. The project includes construction of a 1,458 sq. ft. gas canopy with 6 fueling stations. The site work includes stormwater management, lighting, and landscaping. Site plan for new commercial use in the CM zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of gas canopy associated with construction of convenience store addition to an existing store. The project site is on a 1.35 ac parcel in the commercial moderate zone. Section 179-3-040 CM The proposed 1,458 sq. ft. gas canopy is to be located 56.9 ft. from the Dix Avenue setback where a 75 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 16, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 31-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 16t' Day of August 2023 by the following vote: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 28-2023 Project Applicant: James Denooyer Project Location: 19 Lockhart Loop Parcel History: AV 34-2020; SP 44-2020 SEQR Type: Type II Meeting Date: August 16, 2023 Description of Proposed Project: Applicant proposes to construct a 1,891 sq. ft. pickleball court with a surrounding fence. The project includes stormwater management and grading for the court. The fence indicates a decorative fence of privacy type. The existing home of 1,548 sq. ft. footprint and the 988 sq. ft. footprint garage is to remain. The garage will have the fence attached to it. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the proposed construction of a pickle ball court. The project parcel is 1.84 ac located in the RR5 acre zone. Section 179-3-040 RR5a & 179-5-020 accessory The proposed pickle ball court is to be located 54 ft. from Lockhart Mountain Road and 52 ft. from State Route 9L where 100 ft. 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 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 are limited due to the property configuration with roads on all sides. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. The relief requested for Lockhart Mtn Road 46 ft and for State Route 9L is 48 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created. Staff comments: The applicant proposes to install a pickle -ball court of 1,891 sq ft. The project includes stormwater management for the court. The court will be surrounded by a fence. There are no changes to the existing buildings on the site. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7blM of Queenshuty Area Variance Resolution To: Approve / Disapprove Applicant Name: James DeNooyer File Number: AV 28-2023 Location: Tax Map Number: ZBA Meeting Date: 19 Lockhart Loop 239.18-1-22 August 16, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from James DeNooyer. Applicant proposes to construct an 1,891 sq. ft. pickleball court with a surrounding fence. The project includes stormwater management and grading for the court. The fence indicates a decorative fence of privacy type. The existing home of 1,548 sq. ft. footprint and the 988 sq. ft. footprint garage is to remain. The garage will have the fence attached to it. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the proposed construction of a pickle ball court. The project parcel is 1.84 ac located in the RR5 acre zone. Section 179-3-040 RR5a & 179-5-020 accessory The proposed pickle ball court is to be located 54 ft. from Lockhart Mountain Road and 52 ft. from State Route 9L where 100 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 16, 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: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 28-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 16t' Day of August 2023 by the following vote: I_r•/�f.Ya NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 29-2023 Project Applicant: William Gedney Project Location: 33 Sullivan Road Parcel History: AV 64-2014; AV 1343-21303 SEAR Type: Type II Meeting Date: August 16, 2023 Description of Proposed Project: Applicant proposes a 726 sq. ft. two-story addition and side entry of a 199 sq. ft. porch. The project floor area is 2,165 sq. ft. and the new total floor area is to be 5,835 sq. ft. The project includes an update of the existing septic system. Relief is requested for setbacks, permeability, and floor area. Relief Required: The applicant requests relief for setbacks, permeability, and floor area for construction of an addition to the home. The project site is on a 0.193 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR. The addition is to be located 14 ft. 3 inches from the west property line and 17 ft. 4 inches on the east property line where a 30 ft. setback is required. The permeability proposed is 65.31 % where 75% is required. Floor area proposed is 5,835 where maximum allowed is 3,168 sq. ft. 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 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 considered limited due to the location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for the west property line is 15 ft 9 inches, and for the east property line is 12 ft 8 inches. Permeability relief is 9.69%. Floor area relief is 2,667 sq 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 a two-story addition of a 762 sq ft footprint with a basement area and a 199 sq ft single story entry porch. The parcel is a corner lot with road frontage on two sides where all setbacks require 30 ft. The lot has no frontage on a shoreline and is not located in a CEA. The project includes installation of a new septic system. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 To«m of Queensbu►,v Area Variance Resolution To: Approve / Disapprove Applicant Name: William Gedney File Number: AV 29-2023 Location: 33 Sullivan Rd. Tax Map Number: 289.9-1-22 ZBA Meeting Date: August 16, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from William Gedney. Applicant proposes a 726 sq. ft. two-story addition and side entry of a 199 sq. ft. porch. The project floor area is 2,165 sq. ft. and the new total floor area is to be 5,835 sq. ft. The project includes an update of the existing septic system. Relief is requested for setbacks, permeability, and floor area. Relief Required: The applicant requests relief for setbacks, permeability, and floor area for construction of an addition to the home. The project site is on a 0.193 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR. The addition is to be located 14 ft. 3 inches from the west property line and 17 ft. 4 inches on the east property line where a 30 ft. setback is required. The permeability proposed is 65.31 % where 75% is required. Floor area proposed is 5,835 where maximum allowed is 3,168 sq. ft. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 16, 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: [201II113.7.\l1r9 Z0]ij1III a01a-I `i. 1 There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3 The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by denial 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) b) , c) 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 / DENY AREA VARIANCE NO.29-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 16th Day of August 2023 by the following vote: W-UM NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 30-2023 Project Applicant: Stephen & Sabrina Hitchcock Project Location: Parcel History: SEQR Type: Meeting Date: 537 State Route 149 AV 44-2019 Type II August 16, 2023 Description of Proposed Project] - Applicant proposes to construct a 240 sq. ft. open -sided pavilion in the rear yard of an existing home. The existing home of 1,940 sq. ft. is to remain with no changes. The renderings of the pavilion indicate it will be 240 sq. ft. and 16 ft. in height. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of an open sided pavilion. The project site is on a 0.81 ac parcel in the Rural Residential 3-acre zone. Section 179-5-020 — accessory The proposed 240 sq. ft. pavilion is to be located 53.9 ft. from the east property line where a 75 ft. setback is required and 76.2 ft. from the rear property line where 100 ft. 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. The project may be considered to have little to no impact on the neighboring properties. 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 feasible alternatives may be limited due to the location of the existing home and lot size. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. The east side setback relief is 21.1 ft and the rear property line relief is 23.8 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a 240 sq ft open sided gazebo in the rear yard for a hot tub and picnic area. The plans show the location of the existing home and the location of the gazebo. The parcel of 0.81 acres is located in the Rural Residential 3-acre zone which requires setbacks of 100 ft from rear and front and then 75 ft from each side -- where the construction of the pavilion would most likely require a setback variance anywhere on the property. AFF Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 LL. '16m) nfCLiccasbw� Area Variance Resolution To: Approve / Disapprove Applicant Name: Stephen & Sabrina Hitchcock File Number: AV 30-2023 Location: Tax Map Number: ZBA Meeting Date: 537 State Route 149 278.-1-34 August 16, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Stephen & Sabrina Hitchcock. Applicant proposes to construct a 240 sq. ft. open -sided pavilion in the rear yard of an existing home. The existing home of 1,940 sq. ft. is to remain with no changes. The renderings of the pavilion indicate it will be 240 sq. ft. and 16 ft. in height. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of an open sided pavilion. The project site is on a 0.81 ac parcel in the Rural Residential 3-acre zone. Section 179-5-020 — accessory The proposed 240 sq. ft. pavilion is to be located 53.9 ft. from the east property line where a 75 ft. setback is required and 76.2 ft. from the rear property line where 100 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 16, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 30-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 16t' Day of August 2023 by the following vote: NOES: