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Resolution & Compliance Letter 10.18.23Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Compliance Letter Today's Date: October 19, 2023 TO: Applicant Name: Richard & Stefanie Mechanick Location: 13 Dawn Rd. Tax Map Number: 308.8-2-25 RE: File No. AV 32-2023 ATTENTION: Prior to commencing any site work please read this letter. Please call this office with any questions. Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached). The variance approval is valid for one (1) year from the date of approval. You may request an extension of approval before the one (1) year time frame has expired. See section 179-14-090. Additional requirements and review for this project shall include: Please submit four (4) copies plus an electronic version of the ZBA approved plans to the Zoning Office for the Zoning Administrator's approval - One (1) copy will be returned to you in order to be posted on the project site. Electronic versions can be emailed to karend@queensbury.net. A survey map must be submitted with the final plans. Post Approval -Contact Bruce Frank —Code Compliance Officer Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for pre -construction meeting before any work is started, and at any time during the site development should any constraints, concerns or questions arise. Mr. Frank will monitor the site development throughout the project for compliance with your approval; however, see item 3; Contact Bruce Frank, Code Compliance Officer at 518-761-8226. Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the Adirondack Park Agency, Lake George Park Commission or other State agency or department. 3. As -built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final sign -off from the Zoning Department and/or a Certificate of Occupancy — If there are no modifications or changes from the approved plan provide a certification from the project designer. If there are minor modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This may be, potentially, approved administratively. If there are major modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This will likely require re -approval by the Zoning Board. Craig Brown Director of Planning & Zoning Zoning Administrator CB/kd Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'limn of (`�ccnsbun Area Variance Resolution To: Approve Applicant Name: Richard & Stefanie Mechanick File Number: AV 32-2023 Location: 13 Dawn Rd. Tax Map Number: 308.8-2-25 ZBA Meeting Date: October 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard & Stefanie Mechanick. Applicants request to maintain a detached garage of 1,064 sq. ft. with a 576 sq. ft. dwelling 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 dwelling unit 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. Relief is requested for dwelling size and density. Relief Required: The applicant requests relief to maintain two separate dwellings —density relief is needed for two dwellings on lot and the apartment is less than 800 sq. ft. - dwelling size relief is needed. The project is located on a 0.86 ac parcel in the Moderate Density zone. Section 179-3-040 dwellings & 179-5-090 floor area size The applicant proposes to maintain two dwellings where there is a main house and then an existing detached garage with a 576 sq. ft. dwelling unit where 800 sq. ft. is required for a single-family dwelling unit. The site would allow for one single family dwelling. SEQR Type II — no further review required; A public hearing was advertised and held on October 18, 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 not an undesirable change in the character of the neighborhood nor a detriment to nearby properties as this dwelling has been used as an office and/or another dwelling by a previous owner. 2. Feasible alternatives are really limited. We've considered them as a Board and we find that they are reasonable and have been included to minimize the request. 3. The requested variance is not substantial as it just seems to blend into the property. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. We could suggest the alleged difficulty is self-created. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) 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) 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 AREA VARIANCE NO. 32- 2023, Introduced by Ronald Kuhl, who moved for its adoption, seconded by John Henkel: Duly adopted this 18t' Day of October 2023 by the following vote: AYES: Mr. Kuhl, Mr. Keenan, Mrs. Palacino, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. Cipperly