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Staff NotesStaff Notes Nil August 23, 2023 New Business: AV 33-2023 Renee &Tom West AV 34-2023 Brenden Doster AV 3 5-2023 Rhianna Hogan -Cerro Queensbury Zoning Board of Appeals Agenda Meeting: August 23, 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 NEW BUSINESS: Applicant(s) Renee & Tom West Area Variance Number AV 33-2023 Owner(s) Renee & Tom West SEQRA Type Type II A ent s Environmental Design Partnership Lot Size 1.22 acres Location & Ward 79 Knox Rd. Ward 1 Zoning WR Tax Id No 239.7-1-16 Section 179-5-020 Cross Ref AV 53-2022; SP 71-2022; FWW 15-2022 Warren County Planning August 2023 Public Hearing August 23, 2023 Adirondack Park Agency ALD Project Description: Applicant proposes construction of a new garage in a different location from a previous approval associated with construction of a new home. The new location allows for less disturbance of an existing embankment area. The garage is a detached garage with a footprint of 1,050 sq. ft. and is to be two story with a bunk room and no kitchen facilities. There is no change to the proposed construction of the new home with a footprint of 3,190 sq. ft. and porch/deck area of 125 sq. ft. There are no changes to the proposed 8,720 sq. ft. floor area which includes basement areas and both floors of the garage and main home. Relief is requested for setbacks. Applicant(s) Brenden Doster Area Variance Number AV 34-2023 Owner(s) Brenden Doster SEQRA Type Type II A ent s n/a Lot Size 0.69 acres Location & Ward 37 Sunn side North Ward 1 Zoning RR-3A Tax Id No 278.20-1-19 Section 179-5-020 Cross Ref n/a Warren County Planning August 2023 Public Hearing August 23, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a 936 sq. ft. detached garage and a 312 sq. ft. attached lean-to on a 0.69 acre parcel in the RR-3A zone. The existing home of 1,144 sq. ft. footprint with porches is to remain with no changes proposed. There are two sheds that are to be removed as part of the project. Parcel is bound by two roads where all lot lines require a 100 ft. setback. Relief is requested for setbacks and size of garage. Applicant(s) Rhianna Hogan -Cerro Area Variance Number AV 35-2023 Owner(s) Marc Cerro & Rhianna Hogan -Cerro SEQRA Type Type II Agent(s) n/a Lot Size 0.27 acres Location & Ward 117 Birdsall Rd. Ward 1 Zoning WR Tax Id No 289.17-1-41 Section 179-5-060 Cross Ref AV 56-2010; SP 67-2010; AV 49-2001 Warren County Planning n/a Public Hearin —August 23, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to remove an L-shaped dock of 150 sq. ft. to replace with a straight dock of 150 sq. ft. The dock is to be 5 ft. by 30 ft. A portion of the dock is on land of 24 sq. ft. and on 15 sq., ft. is proposed as part of the new dock to be on land. The proposed dock is in a similar location. There are no other changes to the site or existing 1,809 sq. ft. home. 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 23, 2023\ZBA Final Agenda August 23, 2023.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 33-2023 Project Applicant: Renee & Tom West Project Location: 79 Knox Road Parcel History: AV 53-2022; SP 71-2022; FWW 15-2022 SEQR Type: Type II Meeting Date: August 23, 2023 Description of Proposed Project: Applicant proposes construction of a new garage in a different location from a previous approval associated with construction of a new home. The new location allows for less disturbance of an existing embankment area. The garage is a detached garage with a footprint of 1,050 sq. ft. and is to be two story with a bunk room and no kitchen facilities. There is no change to the proposed construction of the new home with a footprint of 3,190 sq. ft. and porch/deck area of 125 sq. ft. There are no changes to the proposed 8,720 sq. ft. floor area which includes basement areas and both floors of the garage and main home. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for a proposed detached garage of 1,050 sq. ft. that is associated with the construction of a new home. The project site is 1.22 ac parcel and is within the Waterfront Residential zone. Section 179-3-040 WR and Chapter 94 Wetlands The garage is to be 42 ft. from the wetland where a 50 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. The proposed project may have little to no impact on the neighboring properties or neighborhood character. 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 considered to reduce the size of the building to meet the setback. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief is requested 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 to no impact on the environmental conditions of the site or area. S. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a detached garage in a different location than previously approved to reduce the amount of disturbance due to a bank area on the property. The project is associated with the construction of a single-family home. The plans show the approved garage location and proposed garage location. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7own of (Zucensbuty Area Variance Resolution To: Approve / Disapprove Applicant Name: Renee & Tom West File Number: AV 33-2023 Location: 79 Knox Rd. Tax Map Number: 239.7-1-16 ZBA Meeting Date: August 23, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Renee & Tom West. Applicant proposes construction of a new garage in a different location from a previous approval associated with construction of a new home. The new location allows for less disturbance of an existing embankment area. The garage is a detached garage with a footprint of 1,050 sq. ft. and is to be two story with a bunk room and no kitchen facilities. There is no change to the proposed construction of the new home with a footprint of 3,190 sq. ft. and porch/deck area of 125 sq. ft. There are no changes to the proposed 8,720 sq. ft. floor area which includes basement areas and both floors of the garage and main home. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for a proposed detached garage of 1,050 sq. ft. that is associated with the construction of a new home. The project site is 1.22 ac parcel and is within the Waterfront Residential zone. Section 179-3-040 WR and Chapter 94 Wetlands The garage is to be 42 ft. from the wetland where a 50 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 23, 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 / 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. 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. 33-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 23rd Day of August 2023 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 34-2023 Project Applicant: Brenden Doster Project Location: 37 Sunnyside North Parcel History: SEQR Type: Meeting Date: n/a Type II August 23, 2023 Description of Proposed Project: Applicant proposes to construct a 936 sq. ft. detached garage and a 312 sq. ft. attached lean-to on a 0.66 acre parcel in the RR-3A zone. The existing home of 1,144 sq. ft. footprint with porches is to remain with no changes proposed. There are two sheds that are to be removed as part of the project. Parcel is bound by two roads where all lot lines require a 100 ft. setback. Relief is requested for setbacks and size of garage. Relief Required: The applicant requests relief for setbacks and garage size. The project site is located on a 0.69 ac parcel in the Rural Residential 3-acre zone. Section 179-3-040 RR3A, 179-5-020 garage The garage is to be 10 ft. from the property line where a 75 ft. setback is required. The garage is to be 1,144 sq. ft. where the maximum size allowed for lots less than 5 ac is 1,100 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 limited due to the lot size and configuration bordered by two roads. A variance may be required for any new development on the site. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to relevant to the code. Relief for the south side property line is 65 ft and the garage size is 44 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. The project as proposed may have minimal impact on the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to construct a 1,144 sq. ft. garage. The plans show the garage to be two bays with the lean-to on the side — this was included in the garage size. The plans show the location of the proposed garage where a previous applicant had also requested a garage as an addition that has since expired. The applicant has indicated neighboring properties have garages and the site of this garage has heavy vegetation around it. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of (tuecnsbur), Area Variance Resolution To: Approve / Disapprove Applicant Name: Brenden Doster File Number: AV 34-2023 Location: 37 Sunnyside North Tax Map Number: 278.20-1-19 ZBA Meeting Date: August 23, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Brenden Doster. Applicant proposes to construct a 936 sq. ft. detached garage and a 312 sq. ft. attached lean-to on a 0.69 acre parcel in the RR-3A zone. The existing home of 1,144 sq. ft. footprint with porches is to remain with no changes proposed. There are two sheds that are to be removed as part of the project. Parcel is bound by two roads where all lot lines require a 100 ft. setback. Relief is requested for setbacks and size of garage. Relief Required: The applicant requests relief for setbacks and garage size. The project site is located on a 0.69 ac parcel in the Rural Residential 3-acre zone. Section 179-3-040 RR3A, 179-5-020 garage The garage is to be 10 ft. from the property line where a 75 ft. setback is required. The garage is to be 1,144 sq. ft. where the maximum size allowed for lots less than 5 ac is 1,100 sq. ft. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 23, 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. 34-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 2311 Day of August 2023 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 35-2023 Project Applicant: Rhianna Hogan -Cerro Project Location: 117 Birdsall Road Parcel History: AV 56-2010; SP 67-2010; AV 49-2001 SEQR Type: Type II Meeting Date: August 23, 2023 Description of Proposed Project: Applicant proposes to remove an L-shaped dock of 150 sq. ft. to replace with a straight dock of 150 sq. ft. The dock is to be 5 ft. by 30 ft. A portion of the dock is on land of 24 sq. ft. and on 15 sq. ft. is proposed as part of the new dock to be on land. The proposed dock is in a similar location. There are no other changes to the site or existing 1,809 sq. ft. home. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks to install a dock. The project site is on a 0.228 acre parcel in the Waterfront Residential zone. Section 179-3-040 WR & 179-5-060 docks The new dock is to be 14 ft. from the east property line where a 20 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 current location of the dock to be replaced. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is for dock setback on the east is 6 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 replacement of an L —shaped dock with a straight dock. The information submitted shows the photos of the existing conditions where a portion of the dock has buckled. The plans show the location of the existing and the new dock. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Quccnsbiny Area Variance Resolution To: Approve / Disapprove Applicant Name: Rhianna Hogan -Cerro File Number: AV 35-2023 Location: 117 Birdsall Rd. Tax Map Number: 289.17-1-41 ZBA Meeting Date: August 23, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Rhianna Hogan - Cerro. Applicant proposes to remove an L-shaped dock of 150 sq. ft. to replace with a straight dock of 150 sq. ft. The dock is to be 5 ft. by 30 ft. A portion of the dock is on land of 24 sq. ft. and on 15 sq. ft. is proposed as part of the new dock to be on land. The proposed dock is in a similar location. There are no other changes to the site or existing 1,809 sq. ft. home. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks to install a dock. The project site is on a 0.228 acre parcel in the Waterfront Residential zone. Section 179-3-040 WR & 179-5-060 docks The new dock is to be 14 ft. from the east property line where a 20 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, August 23, 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. 35-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 23rd Day of August 2023 by the following vote: AYES: NOES: