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Application & DeedArea Variant:e [MA approved: November 15, 2019j General Information Tax Parcel ID Number: 308.8-2-25_ Zoning District: MDR Detailed Description of Project [include current & proposed use]: The current use of the property is a single family residential home with a detached garage with an apartment dwelling attached to the garage. There is no accompanying project with this area variance application. The applicant is applying for the area variance to continue the use of the apartment attached to their garage, which was built by the previous owner of the property. Location of Project: 13 Dawn Road, Queensbury, New York 12804 Applicant Name: Richard and Stefanie Mechanick Mailing Address 13 Dawn Road Home Phone (518) 577-1 City, State, Zip Queensbury, New York, 12804 Work Phone Cell Phone E-Marl: rmechanick@icloud.com FAX No. Agent's Name: Stefanie Bitter, Esq. Mailing Address One Washington Street Home Phone City, State, Zip Glens Falls, New York 12803 Work Phone (518) 792-2117 Cell Phone (518) 369-I536 &mail sdb@bpsrlaw.com FAX No. Owner's Name Richard and Stefanie Mechanick Mailing Address 13 Dawn Road Home Phone (518)5 - 77-0612 City, State, Zip Queensbury, New York 12804 Work Phone Cell Phone E-mail rmechanick@icloud.com FAX No. Page 1 13 Dawn Road, Parcel 308.8-2-25 Area Variance [ZBA approved: September 21 2016] Site Development Data Area / Type Existing sq. ft. Proposed Additions . ft. Total sq. ft. A. Building footprint 1,588 0 1,588 B. Detached Garage 1,640 0 1,640 C. Accessory Structure(s) 3 SHEDS 320 0 320 D. Paved, gravel or other hard surfaced area 4,125.38 0 4,125.30 E. Porches / Decks F. Other POOL 512 0 512 G. Total Non -Permeable [Add A-F] 8,185.38 0 8,185.38 H. Parcel Area [43,560 sq. ft. / acre] 37,461.6 0 37,461.6 I. Percentage of Impermeable Area of Site [I=G/H] 21.85% -- 21.85% Setback Requirements Area Required Existing Proposed Front Yard [ 1 ] 30 ft 47.6 ft 47.6 ft Front Yard [2] 30 ft. N/A N/A Shoreline N/A N/A N/A Side Yard [1] 25 ft 15.2 ft 15.2 ft Side Yard [2] 25 ft 65.5 ft 65.5 ft Rear Yard [1] 30 ft 84 ft 84 ft Rear Yard [2] 30 ft 112 ft 112 ft. Travel Corridor N/A N/A N/A Height [maximum] 40 ft 23 ft 23 ft. Permeability 50% 78.15 % 78.15% Number of parking spaces Page 2 Area Variance (ZBA approved: November 15, 2019) Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? No 2. If the he has previous approvals, list application number(s): N/A 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit Program? _ Yes / X No 4. Estimated project duration: Start Date: Spring 23 End Date: Summer23 5. Estimated total cost of project: $0•00 6. Total area of land disturbance for project: 0.00 Floor Area Ratio Worksbeet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate / Commercial Intensive CM / C1 0.3 A_ The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (S) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See "FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. Parcel Area N!A sq. ft. _... _.... — -- Existing Floor Area R .'A— . ft. see above definition Proposed Additional Floor Area s . ft. Proposed Total Floor Area . R. Total Allowable Floor Area (Area x l see above table Page 3 Area Variance [ZBA approved: November 15. 2019] Compliance with Zoning Ordinance Requesting relief from SECTION: § 179-3-04OA(3)(b)(1)(a) Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply) 12 Setback D Buffer Zone D Lot Width a Other density The following questions reflect the criteria for granting this type of variarim Please complete them; use additional sheets if needed. 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? No undesirable change will be produced in thehamrter of the neighborhood because there is no a associated with this application. This variance would simply allow the applicant to continue to use the property as tbey have done since their purcbese of the property from the previous owner. 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 bent sougbt hx the applicant cannot be achieved by some method. feasible for the applicarit to m,rsne. The a i .ant will only be able to continue using the apartment attached to their garage as an apartment dwelling if the Town grants this variance. 3. Whether the requested area variance is substantial? The =Vested iffigantial in nature. However there is no accompanying pEqject with this vest for the variance. Nothing about the property will change and there will be no adverse impacts to neighboring properties or the character of the neighborhood.- 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The proposed variance will not have an adverse effector impact on the physical or environmental conditions in the neighborhood or district. Again . there is no accompanying project associated with this applicaiton. S. Whether the alleged difficulty was self-created? NQ is atleg rl difiir_.ultX w s not self created The pp_. loan owner of the home created he alleged dif ad4z before applicant purchased the property. _ -- _- --_-- Page 4 Area VariEMCe [ZBA approved: November 15.2019] Section 179-14-030 Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s) — a survey showing existing conditions, a proposed conditions map (see page 00 for specific criteria) and include any other attachments that address A - D as applicable to the proposed project. A. General Shown on Sheet # 1 Title, Name, Address of a licant & persm responsible for preparation of drawing site plan 2 Deed attached 3 North arrow, Tax Map 1D, date pTpared and scale [minimum: 1 inch = 40 feet ] site plan 4 Boundaries of the property plotted to scale, zoning boundary site plan 5 _ dal structures, accessory structures with exterior dimensions site plan 6 Site improvements Incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed site plan 7 Setbacks for all structures and improvements: existin & proposed site plan 8 Elevations and floor plans of all proposed and affected structures B. Water & Sewer Shown on Sheet # l Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed N/A 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed or -site water supply and septic NIA 3 Separation distances for proposed sewage disposal system to well and water bodies N/A 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction of water supplv includin E daily water usage N/A 5 Percolation test location and results N/A C. P / Permeable Areas Shown on Sheet # 1 Number of spaces required for project including calculations and justification: existing & proposed N/A 2 _ No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material e.., gravel,paved]_ N/A 3 Provision for pedestrian and handicap access and : existing proposed N/A 4 Design details of ingress, a press, loading areas and cutting: existing & proposed N/A 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed I N/A 6 Lighting, location and design of all existing and proposed outdoor lighting N/A D. Additional Site Development and Miscellaneous Shown on Sheet # l On -site & adjacent watercourses, streams, rivers, lake and wetlands N/A 2 Utility / energy distribution system as, electric, solar, telephone]: existing & pcoposed N/A 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining walls, fences, free & emergency zones and h dmnts, etc. N/A 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & proposed N/A 5 Signage: Location, size, type, design and setback: existing & proposed NIA 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items N/A 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans N/A 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary permits N/A Page 5 Area Variance Pre -Submission Conference Form / Section 179-9-040 1 Applicant Name: Richard and Stefanie Mechanick rev 2 2. Tax Map ID 308.8-2-25 Location: 13 Dawn Road 3. Zoning Classification MDR 4. Reason for Review: Request to maintain a detached garage with an apartment with the existing separate single family home 5. Zoning Section #: 179-3-040 MDR 6. Pre -Submission Meeting Notes: Deed General Information complete Site Development Data Complete Setback Requirements Complete Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance Checklist items addressed Environmental Form completed Signature Page completed Provided x x x NA x x NA x Outstanding; Please provide by Parcel size 37461.6 sf -recalculate chart recalculate permeability Applicant requests to maintain a detached garage of 1064 sq ft with a 576 sq ft apartment within. The site has an existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was approved with a garage and home office in 1992. The existing building with detached garage and apartment is 1,640 sq ft and the existing home is 1,588 sq ft where there are no changes to the footprints of either building. Area Variance for dwelling size where 576 sq ft is proposed and a minimum of 800 sq ft is required, relief is also requested for density where 2 acres is required for each dwelling and 0.86 ac is existing. (Items reviewed: area variance application, survey from 1995, dwelling plans of the existing home Items to be updated or provided I )page 2 site data & setbacks -parcel area needs to be rechecked and chart redone Staff Representative: Laura Moore via email 06/29/2023 Applicant / Agent: Stefanie Bitter via email 06/28/2023 Date: 06/29/2023 Page 6 AM VBritinCe [ZBAapproved: September212016) This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure•, 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; S.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant: Owner: Designates: _ as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.:_, Deed Reference: Book_ Page _ Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the Hlowing If the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner. Richard Mechanick and Stefanie Mechanick Designates: Stefanie D. Bitter - _ as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.:_308. -2_25. Deed Re ren 4136Page 126 Date OWNER SIGNATURE: ; i .DATE: 13 2.) ENGINEERING FEE DISCLOSURE: ApKcations may be referred to the Town consulting engineer for review of septic design, storm drainage, etc, as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to triter the subject properties for the purpose of reviewing the application submitted. 4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. S.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: 1, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that Ywe may be required to provide an as -built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I ha e rpad and i to the above. Signature [ � Pri N me pplieant] Date n r Si r A t] Pont ame [Agent] Page 7 WARREN COUNTY PAMELA J. VOGEL DOCUMENT COUNTY CLERKVGLUME = 413E s6 PAGE c 1 fb5 Lake George, NY 12845 AG326 Volm-4136 Pg-128 Instrument Number. 2010.0000ti165 As Recorded On: December 01, 2010 Deed Parties: CLUTE LARRY W To MECHANICK RICHARD Billable Pages: 3 Recorded By: TITLE NORTH Num Of Pages: 4 Comment: " Examined and Charged as Follows: " Deed 55.50 cover Page 5.00 RP-5217 Resid/Agric 125.00 TP-564 5.OD Reewcong Charge: 1190.50 Consideration Amount Amount RS#MW Transfer Tax 944.00 238.000.0D TT 753. Basic O.DD QUEENSBURY Loced 0.00 $pedal Additional 0.00 AddWonal 0.00 Ttanster 944.00 Tax Charge: 944.80 RECIAM Coasts Clerks 0rfice Dec O1r2010 11:33A Parela J. Vogel Warren Coasts Clerk "' THIS PAGE IS PART OF THE INSTRUMENT'° I hereby certify that the within and foregoing was recorded in the Clerk's Office For WARREN COUNTY, NY Fite Information: Record and Return To: Document Number: 2010- ODM165 STANCLIFT LUDEMANN & MCMORRIS PC Receipt Number; 189289 3 WARREN ST Recorded Deterrime: December 01, 201011:33:41A PO BOX 368 Book-Volft: Bk-RP VI-4136 Pg-128 GLENS FALLS NY 12801 Cashier / Station: C Latham t Cash Station 3 DOCUMENT` 00048165 VOLUME: 4136 PAGE: 127 �Z a WARRANTY DEED / with Lien Covenant THIS INDENTURE, made the �'��• �_ day of r .,, 'i'wo-Thousand Ten, fl Between, LARRY W. CLUTE, residing at 6 Holden Avenue, Queensbury, New York 12804, party of the first part, and t RIC19ARD MECHANICK and STEFANIE M. MECHANICK, husband and wife, t„ residing at 51 Howard Street, Queensbury, New York 12804, as tenants by the entirety, f parties of the second part, Witnesseth that the party of the first part, in consideration of ONE Dollar (S 1.00) lawful money of the United States, and other good and valuable consideration, paid by the parties of the second part, does hereby grant and release unto the parties of the second part, their heirs and assigns forever, the property located in the Town of Queensbury, County of Warren, and State of New York, which is more particularly described as follows: See Schedule "A" attached hereto. Being the same premises conveyed by Roger A. Facto and Joan Facto to the party of the first part by deed dated April 13, 1989 and recorded in the Warren County Clerk's Office on April 13, 1989 in Book 748 of Deeds at Page 229. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises, To Have and to Hold the premises herein granted unto the parties of the second part, their heirs and assigns forever. And said party of the first part covenants as follows: First, That the parties of the second part shall quietly enjoy the said premises; Second, That said party of the first part will forever Warrant the title to said premises. Third, that, in compliance with Sec. 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. 816 VOLUME Z 4136 PAGOE: 128 In Witness Whereof, the party of the first part have here set hep hand and seal the day and year first above written. Z-ARkV'W In Presence of CLUTE STATE OF NEW YORK ) )ss.: COUNTY OF WARREN ) On the / E-* of in the year 2010, before me, the undersigned, a notary public in and for said state, personally appeared Larry W. Clute personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in her/his capacity, and that by his/her signature on the instrument, the individual, or the person(s) upon behalf of which the individual acted, executed the instrument. 71MOTHY S. SHULEH NOWY Public, State of New York Waehlnpton County No. 4949151 10rxrxr*elon tic i= 4AW.JZ RECORD AND RETURN: Matthew R. Ludenwn, Esq. Standift Ludemaw & MCMorris, P.C. 3 Warren Street, P.O. Box 358 Glens Falls, NY 12801 DDCd hENTO 00008165 VDLUMEs 4136 PAGES 129 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Queensbury, County of Warren and State of New York, briefly described as follows: BEGINNING at a point on the easterly side of Dawn Drive and Eisenhower Avenue at the southwesterly comer of the premises now or formerly of Hermance; thence South 84 degrees 19 minutes 40 seconds East 150 feet along the southerly boundary of Hermance to a point for a comer; thence South 5 degrees 4 minutes 20 seconds West 50 feet to a point for a corner; thence South 84 degrees 19 minutes 40 seconds East 50.37 feet to a point for a come=; thence South 5 degrees 43 minutes 20 seconds West 150 feet to a point for a corner; thence North 84 degrees 19 minutes 40 seconds West 200.23 feet to a point for a comer at the easterly side of Dawn Drive; thence along the easterly side of Dawn Drive North 5 degrees 40 minutes N seconds East 200 feet back to the point or place of beginning. ZONING ADMINISTRATOR COMMENTS &- N OF ACTION =� APPROVED I \1 DEC - 1 (g92 �w DEPARTMENT OF COMMU T' r ZONING COMPLIANCE REVIEW( R I G l N A L 1. F— Building Permit Number BASIC/BUII.DING PERMIT INFORMATION: 2. 3. Business Name Address A P' Tax Map Number la 0 HPlot Plan (2 copies) Building Plan (2 copies) HSewage Disposal Enerzv Code Front ( if corner) Side Yard (1) Side Yard (2) Rear Yard Width _ Last Name C_', L- U i & irst Name LA--,2." Telephone (S-e7V. Z4ZZ (day) (rjg) (home) Zone5LR- I&_ Electrical Inspection LOT SIZE Driveway Permit Completed and Signed Fee Paid 41"Velm Ej New Construction Addition ❑ Alteration Modification ❑ Sign comments: swer below with: es o o icable Property is in an approved subdivision / Name__ Meets depth, width & square footage requirements Preexisting, nonconforming lot with proper setbacks Required road frontage on public road Has required off-street parking Permeable area is adequate / Required % --- Building does not exceed maximum height / Max. _ Required setbacks from stream, lake and/or travel corridor meets requirement _M Buffer zones required Is lot in a Flood Plain Zone GO TO NEXT PAGE4456dp� adP ado��.l6� 4. STAFF DETERMI NATI ON: Dg�41, j , f.'O A! aG ��•�� o��o �r dot/ /7?-7 As per Section t-Z2—, /Z of the ;%f❑ Zoning ®Sign ® Subdivision Ordinance Ordinance Reaulations 5. REVIEW REQUIRED BY ZONING BOARD OF APPEALS: Action File Number Resolution Date ❑ Use Variance ❑ Area Variance ❑ Sign Variance ❑ Other Comments: 6. REVIEW REQUIRED BY PLANNING BOARD: Action ® Site Plan Review ❑ Subdivision ❑ Planned Unit Dev. ❑ Other Comments: Reviewed by staff: File Number Resolution Date '✓� �1 — Date:_—� J•, CERTIFICATE OF COMPLIANCE TOWN 'OF' QUEENSBURY Q . WARREN COUNTY, NEW YORK Date' 'Mis is to certify that work requested to be done as shown by Permit No. 92^084 -has been completed ` This, structure may be occupied as a Detached 2—Car Garage Location 140 warn Rg" Owner LaM CLute CONDITIONAL CERTIFICATE] By. Order Town Board Srtoicuge u6 a only J TOWN OF QUEENSBURY Director of Bldg. & Code Enforcement 3/19/92 •120-1-61.21 3/19/93 c�c�.ad: