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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Use Variance No.: 33-2014 Project Applicant: Wayne Mattison Project Location: 0 Lower Warren St., 0 Green Avenue Meeting Date: June 18, 2014 Description of Proposed Project• Applicant proposes construction of a 1-story building in order to operate an auto use facility for the repair sale of automobiles. air p Relief Required: Parcel will require use variance as follows: Relief from allowable uses in the CLI zoning district for auto sales Criteria for considering a Use Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. The applicant cannot realize a reasonable return, provide that return is substantial as demonstrated by competent financial evidence. The applicant has provided listings for the following years 4/7/2004 for 25,500 lowered to 23,500; then 9/6/2005 for 37,500 lowered to 32,000; then 3/20/2008 for 45,000 lowered to 39,000. The applicant has indicated the sellers have invested $4,750 plus closing costs and school tax of 605.14 and town/county tax of 261.09. Information from the RPS records indicated the 0.36 parcel was purchased 2001 for $1,750 and then in 2003 an adjoining lot 0.11 was purchased for 3,000. 2. The alleged hardship related to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood. The applicant has indicated the surrounding neighborhood development has limited the property marketability. The surrounding neighborhood is zoned commercial light industrial but does border a heavy industrial zone where the uses in the area include single family dwellings, property that is vacant with improvements -garage, auto service —in heavy industrial zone, cement company —in heavy industrial zone, and vacant properties. 3. That the requested Use Variance, if granted will not alter the essential character of the neighborhood. The applicant has indicated the character of the neighborhood is industrial. The area is mixed use where residential and vacant is notable character. The intent of the zone is for transition between old industrial uses to new commercial or retail uses where the newer uses are not predominate. 4. Whether the alleged hardship has not been self-created The applicant has indicated that the hardship is not self-created. Where it may be considered self-created as the zoning code has been amended to rovide opportunities for uses for lots near to other industrials uses. p Parcel History (construction/site plan/variance, etc.): SP 32-2014: Pending Staff comments: The applicant proposes to construct a new building specifically for auto service and sales where auto sales is not a permitted use. The applicant has indicated additional site plan details will be developed for site plan review dependent on the outcome of the use variance request. The applicant has provided listing details, an overview of the light industrial uses that would be suitable if a potential buyer were to apply for site plan review due to size of the parcel and the neighboring uses. The applicant has provided letters from the property buyer's representative indicating that the property years without finding a buyer. The owner's real estate representative has indicated theproperty the has b 12 on the market for a number of years without success. been The applicant has not provided details on any offers that were received only indicating the property has not been purchased. In addition the applicant has not provided supporting are allowed through site plan as the site is vacant. Further the applant has a pending site plan application of an allowed use for auto service so the board may wish to consider if adequate information has been provided for each use that is allowed for the zone in relation to the use variance criteria — reasonable rate of return. SEAR Status: Type Unlisted Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski Chairman Roy Urrico Secretary TO: Wayne Mattison PROJECT FOR: Wayne Mattison 4 Old West Mountain Road Queensbury, NY 12804 0 Lower Warren Street;0 Green Street Use Variance No.33-2014 ZBA Meeting Date: Wed., June 18, 2014 RESOLUTION TO APPROVE DENY USE VARIANCE NO. 33-2014 Wa ne Mattison, Introduced by who moved for its adoption, seconded by The Zoning Board of Appeals of the Town of Queensbury has received an application from Wayne Mattison for a variance of Section(s) 179-3-040 of the Zoning Code of The Town of Queensbury. Applicant proposes construction of a 1-story building in order to operate an auto use facility for the repair and sale of automobiles. Relief requested from allowable uses in the CLI zoning district for auto sales. Upon consideration of the application materials, completed SEQR review form and information plied during the public hearing and the criteria specified in Section 179-14-080(B) of the Queensbury Town Code and Chapter 267 of NYS Town Law, and after discussion and deliberation, we find as follows: 1) For each and every permitted use under the zoning regulations for the district where the property is located, is the applicant unable to realize a reasonable return, provided that any lack of return is substantial as demonstrated by competent financial evidence provided by the applicant? It is our finding that: 2) For each and every permitted use under the zoning regulations for the district where the property is located, is the alleged hardship relating to the property in question unique and not applicable to a substantial portion of the district or neighborhood? It is our finding that: 3) Has the applicant demonstrated that the requested use variance, if granted, will not alter the essential character of the neighborhood? It is our finding that: 4) For each and every permitted use under the zoning regulations for the district where the property is located, has the applicant demonstrated that the alleged hardship has not been self-created? It is our finding that: Page 1 of 2 Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (Continued) ZBA Meeting Date: Wednesday, June 18, 2014 Use Variance Application No. 33-2014, Wayne Mattison 5) For each and every permitted use under the zoning regulations for the district where the property is located, has the applicant demonstrated that the alleged hardship has not been self-created? It is our finding that: Based upon our findings above, we hereby determine that the applicant [ HAS ] [ HAS NOT demonstrated that the applicable zoning regulations and restrictions have caused unnecessary [ (Note: use the following only when approving hardship.use consideration is the minim necessary and adequate variance.) The to address the and ecessary hardship variance under the applicant and at the same time preserve and protect the character of the neighborhood health, safety and welfare of the community. ] unnecessary dship proven by and the Based upon all of the above, I move that this Board [Approve] [ Deny] Use Variance No. 33-2 Wayne Mattison with the following conditions: 014 Duly adopted this 187h day of June, 2014, by the following vote: AYES: NOES: Steven Jackoski, Chairman Queensbury Zoning Board of Appeals Cc: Michael D. Larson and Sharon C. Wells Michael O'Connor, Esq. IMPORTANT NOTES TO APPLICANT: If approved, and if the property is located within the Adirondack Park, the approved review by the Adirondack Park Agency(APA). The applicant is cautioned against taking any action in reliance on the variance until the APA's review is completed. pproved variance is subject y A variance approval is valid for one 1 applicant may request valid year from the date of approval. See section 179-14-090. The extension of approval approval cannot be extended following expiirationEFORE the one (1) year time limit has expired. An Final, approved plans in compliance with this variance must be submitted to the Community Department before any further review by the Zoning Administrator or Building & Codes Subsequent issuance of further permits, including building y es of these final plans. Upon approval of the application and review and permits are final plans dependent by receipt Community Development Department, the applicant can apply for a Building Permit unless the proposed of final pla by the project requires review and an approval or permit from the Town Planning Board and/or the Adirondack Agency, Lake George Park Commission or other State agency or department. p °posed ack Page 2 of 2