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Staff NotesStaff Notes April 24, 2024 Tabled Items: AV 23-2024 Seeley Machine Inc. (Lot 1) AV 24-2024 Seeley Machine Inc. (Lot 2) New Business: AV 21-2024 Jennifer Ivanov AV 22-2024 Jennifer Ball AV 25-2024 Furniture House North LLC Queensbury Zoning Board of Appeals Agenda Meeting: April 24, 2024 Time: 7:00- 1 1:00 pm Queensbury Activities Center- 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net TABLED ITEMS: Applicant(s) Seeley Machine Inc. Lot 1 Area Variance Number AV 23-2024 Owner(s) Seeley Boomworks LLC SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 7.25 acres Location & Ward 75 Big Boom Rd. Ward 4 Zoning CLI Tax Id No 309.18-1-1 Section 179-3-040 Cross Ref AV 24-2024; SP 18-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 Warren County Planning April 2024 Public Hearing Aril 17, 2024; April 24, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC; Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no changes proposed to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Applicant(s) Seeley Machine Inc. Lot 2 Area Variance Number AV 24-2024 Owner(s) Seeley Boomworks SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 7.25 acres Location & Ward 75 Big Boom Rd. Ward 4 Zoning CLI Tax Id No 309.18-1-1 Section 179-3-040 Cross Ref AV 23-2024; SP 19-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 Warren County Planning April 2024 Public Hearing Aril 17, 2024; April 24, 2024 1 Adirondack Park Agency n/a Project Description: Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage; Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no proposed changes to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. NEW BUSINESS: Applicant(s) Jennifer Ivanov Area Variance Number AV 21-2024 Owner(s) Jennifer Ivanov SEQRA Type Type II Age ts n/a Lot Size 0.85 acres Location & Ward 55 Wincoma Lane Ward 2 Zoning MDR Tax Id No 297.10-1-40 Section 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearin A ri124, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 2-car detached garage of 784 sq ft. The existing home of 2,984 sq ft footprint with 584 sq ft porch/deck areas are to remain with no changes. The existing home has an attached garage to remain. Relief requested for a second garage. Queensbury Zoning Board of Appeals Agenda Meeting: April 24, 2024 Time: 7:00- 1 1:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Jennifer Ball Area Variance Number AV 22-2024 Owner(s) Jennifer Ball SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 12 acres Location & Ward 237 Pickle Hill Rd. Ward 1 Zoning RR-3A Tax Id No 266.1-1-9.11 Section 179-5-020 Cross Ref n/a Warren County Planning Aril 2024 Public Hearing Aril 24, 2024 Adirondack Park Agency ALD Project Description: Applicant proposes to construct new single family home with an attached garage. The new home is to be 4,360 sq ft with 765 sq ft porch/deck area footprint. The attached garage is to be 1,066 sq ft as part of the home and has 3 bays. The applicant has completed the renovations to the existing detached garage including the facade that was updated per previous approvals. The Zoning Board approval for two garages has expired as the construction of the home has not been completed. Relief requested for second garage. Applicant(s) Furniture House North LLC Area Variance Number AV 25-2024 Owner(s) Furniture House North LLC SEQRA Type Type II A ent s Ethan Hall Rucinski Hall Architects Lot Size 2.8 acres Location & Ward 1066 State Route 9 Ward 1 Zoning CM Tax Id No 296.9-1-10.12 Section 179-3-040 Cross Ref SP 20-2024 Warren County Planning Aril 2024 Public Hearing Aril 24, 2024 Adirondack Park Agency n/a Project Description: Applicant has completed facade work including painting, window location, auto part art fixtures, and updated lighting fixtures. The outdoor patio area roofline has been extended and the patio area has been updated with concrete. Planters and seasonal seating are to be added to the outdoor patio area noting one tree has been removed closest to the store entry. The building will remain as a restaurant and store. There are no changes in the number of seating for the restaurant. Site plan for addition to covered patio area and updated fa ade. Relief requested for setback of roof over patio. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2024\April 24, 2024\ZBA Final Agenda April 24, 2024.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 23-2024 Project Applicant: Seeley Machine, Inc. (Lot 1) Project Location: 75 Big Boom Road Parcel History: AV 24-2024; SP 18-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 SEAR Type: Type II Meeting Date: April 24, 2024 Description of Proposed Project: Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC; Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no changes proposed to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Relief Required:' The applicant requests relief for setbacks for a two -lot subdivision. The project site is to be on a 3.04 ac parcel in the Commercial Light Industrial zone. Section 179-3-040, Chapter 183 The relief requested is for a zero setback for the covered loading dock between the buildings where 30 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 appear limited due to the location of the existing buildings. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief for the entryway boundary line to the existing covered loading dock is 30 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 impacts on 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. The applicant proposes a two -lot subdivision creating lot 1 of 3.04 ac and to maintain the existing building of 21,303 sf. There are no proposed changes to the existing site conditions, exterior storage, or parking area. The plans show the location of the existing building and site arrangement. Note — Project review is slightly different due to variance that is created with the proposed subdivision — tentative review process: 1. April 16th Seeley Machine Inc. Subdivision Planning Board Recommendation 2. April 17th Seeley Machine Inc. Area Variances -open public hearing, hear application, tabled application pending subdivision (the subdivision has to be completed to create the area variances) 3. April 23`d Seeley Machine Inc. Subdivision Preliminary Public hearing, SEQR & Final Stage 4. April 24th Seeley Machine Inc. Area Variances decision 5. April 25th Seeley Machine Inc. Site Plans decision Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Area Variance Resolution To: Approve / Disapprove Applicant Name: Seeley Machine Inc. (Lot 1) File Number: AV 23-2024 Location: 75 Big Boom Rd. Tax Map Number: 309.18-1-1 ZBA Meeting Date: April 17, 2024; April 24, 2024 The Zoning Board of Appeals of the Town of Queensbury Inc. Applicant proposes a two -lot subdivision of a 7.25 ac contain the existing 21,300 sq ft building portion noted as and contains the 15,000 sq ft warehouse building with an f separate the two buildings between the shared covered dot the site. Site plan review for site work completed in 2019. Relief Required: The applicant requests relief for setbacks for a in the Commercial Light Industrial zone. Section 179-3-040, Chapter The relief requested is for a setback is required. SEQR Type II is received an application from Seeley Machine parcel. Lot 1 parcel is to be 3.04 ac and will ;eley Machine LLC; Lot 2 is to be 4.21 ac parcel .sting tenant and storage. The proposed lot line will loading space. There are no changes proposed to lief reauested for setbacks. ivision. The project site is to be on a 3.04 ac parcel dock between the buildings where 30 ft A public hearing was advertised and held on April 17, 2024 & April 24, 2024. 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 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 followingconditions: a) b) , c) Adherence to the items outlined in the follow-up 3 ABOVE_ FINDINGS, I NO. 23-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 24" Day of April 2024 by the following AYES NOES: W Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 24-2024 Project Applicant: Seeley Machine, Inc. (Lot 2) Project Location: 75 Big Boom Road Parcel History: AV 24-2024; SP 18-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 SEAR Type: Type II Meeting Date: April 24, 2024 Description of Proposed Project:` Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC; Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no changes proposed to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a two -lot subdivision. The project site is to be on a 4.21 ac parcel in the Commercial Light Industrial zone. Section 179-3-040, Chapter 183 The relief requested is for a zero setback for the covered loading dock between the buildings where 30 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 appear limited due to the location of the existing buildings. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief for the entryway boundary line to the existing covered loading dock of 30 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 impacts on 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. The applicant proposes a two -lot subdivision creating lot 2 of 4.21 ac and to maintain the existing building of 15,755 sf. There are no proposed changes to the existing site conditions, exterior storage, or parking area. The plans show the location of the existing building and site arrangement. Note — Project review is slightly different due to variance that is created with the proposed subdivision — tentative review process: 1. April 16th Seeley Machine Inc. Subdivision Planning Board Recommendation 2. April 17th Seeley Machine Inc. Area Variances -open public hearing, hear application, tabled application pending subdivision (the subdivision has to be completed to create the area variances) 3. April 23rd Seeley Machine Inc. Subdivision Preliminary Public hearing, SEQR & Final Stage 4. April 24th Seeley Machine Inc. Area Variances decision 5. April 251h Seeley Machine Inc. Site Plans decision Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Area Variance Resolution To: Approve / Disapprove Applicant Name: Seeley Machine Inc. (Lot 2) File Number: AV 24-2024 Location: 75 Big Boom Rd. Tax Map Number: 309.18-1-1 ZBA Meeting Date: April 17, 2024; April 24, 2024 The Zoning Board of Appeals of the Town of Queensbury Inc. Applicant proposes a two -lot subdivision of a 7.25 a< contain the existing 21,300 sq ft building portion noted as and contains the 15,000 sq ft warehouse building with an E separate the two buildings between the shared covered do( the site. Site plan review for site work completed in 2019.' Relief Required: The applicant requests relief for setbacks for a in the Commercial Light Industrial zone. Section 179-3-040, Chapter 183 The relief requested is for a zero setback setback is required. SEQR Type II A public hearing was advertised as received an application from Seeley Machine parcel. Lot 1 parcel is to be 3.04 ac and will teley Machine LLC; Lot 2 is to be 4.21 ac parcel fisting tenant and storage. The proposed lot line will loading space. There are no changes proposed to elief requested for setbacks. ect site is to be on a 4.21 ac parcel dock between the buildings where 30 ft 17, 2024 & April 24, 2024. 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 BASED ON THE ABOVE FINDINGS I MAKE A NO. 24-2024, Introduced by , who moved for its Duly adopted this 241h Day of April 2024 by the following AYES: NOES: t with this resolution. ZOVE / DENY AREA V by Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2024 Project Applicant: Project Location: Parcel History: SEQR Type: Meeting Date: Jennifer Ivanov 55 Wincoma Lane n/a Type II April 24, 2024 Description of Proposed Project Applicant proposes a 2-car detached garage of 784 sq ft. The existing home of 2,984 sq ft footprint with 584 sq ft porch/deck areas are to remain with no changes. The existing home has an attached garage to remain. Relief requested for a second garage. Relief Required:' The applicant requests relief for a second garage. The project site is located on a 0.84 ac parcel in the MDR zone —Rolling Ridge Subdivision Section 170-3-040, Section 179-5-020 The applicant proposes to construct a detached garage and maintain an existing garage attached to the existing home where only one garage is allowed. 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 as the existing garage would not accommodate architectural addition. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. Relief is requested for a second garage where only one garage is allowed. 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. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. The plans show the proposed garage location and the elevations of the garage. The existing garage plans are included as well. ,s. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 110% fbwn of (tueensbumy Area Variance Resolution To: Approve / Disapprove Applicant Name: Jennifer Ivanov File Number: AV 21-2024 Location: 55 Wincoma Lane Tax Map Number: 297.10-1-40 ZBA Meeting Date: April 24, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Jennifer Ivanov. Applicant proposes a 2-car detached garage of 784 sq ft. The existing home of 2,984 sq ft footprint with 584 sq ft porch/deck areas are to remain with no changes. The existing home has an attached garage to remain. Relief requested for a second garage. Relief Required:' The applicant requests relief for a second garage. The project zone —Rolling Ridge Subdivision Section 170-3-040 Section 179-5-020 The applicant proposes to construct a detached garage and home where only one garage is allowed. SEQR Type II — no further A public Upon review of consideration of thf of NYS Town Law and held on W 24, 2024 . on a 0.84 ac parcel in the MDR garage attached to the existing application materials, information supplied during the public hearing, and upon -ria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 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. 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. ZOVE r / DENY AREA VARIANCE NO. 21-2024, Introduced by , who moved for Duly adopted this 24th Day of April 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 22-2024 Project Applicant: Jennifer Ball Project Location: 237 Pickle Hill Road Parcel History: n/a SEAR Type: Type II Meeting Date: April 24, 2024 Description of Proposed Project: Applicant proposes to construct new single family home with an attached garage. The new home is to be 4,360 sq ft with 765 sq ft porch/deck area footprint. The attached garage is to be 1,085 sq ft as part of the home and has 3 bays. The applicant has completed the renovations to the existing detached garage including the fagade that was updated per previous approvals. The Zoning Board approval for two garages has expired as the construction of the home has not been completed. Relief requested for second garage. Relief Required: The applicant requests relief for a second garage. The project site is on a 12 ac parcel in the Rural Residential 3 acres zone. 179-3-040, 179-5-020 The site has an existing garage 2400 sq ft to remain with no changes and to construct an attached garage of 1085 sq ft where only one garage is allowed. 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 as the existing garage location is towards the road side and the attached second garage is to be located with the home. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial as only one garage is permitted per parcel. 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. The plans show the existing garage at the road is to remain. The garage at the road side was approved previously with upgrades that have been completed. The attached garage was part of the original approval but has expired as the construction of the new home hadn't started. The plans show the new home with the attached garage. AKIM�' Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 '16W11 of (2tuccas urn= Area Variance Resolution To: Approve / Disapprove Applicant Name: Jennifer Ball File Number: AV 22-2024 Location: 237 Pickle Hill Rd. Tax Map Number: 266.1-1-9.11 ZBA Meeting Date: April 24, 2024 The Zoning Board of Appeals of the Town of Queensbury Applicant proposes to construct new single family home v sq ft with 765 sq ft porch/deck area footprint. The attachec has 3 bays. The applicant has completed the renovations t( that was updated per previous approvals. The Zoning Boat construction of the home has not been completed. Relief rf Relief Required: The applicant requests relief for a second acres zone. 179-3-040, 179-5-020 The site has an existing g� 1085 sq ft where only one SEQR Type II A public hearing was advertised Upon review of the consideration of the cril of NYS Town Law and sq ft is received an application from Jennifer Ball. h an attached garage. The new home is to be 4,360 arage is to be 1085 sq ft as part of the home and he existing detached garage including the fagade approval for two garages has expired as the site is changes , April 24, 2024. 12 ac parcel in the Rural Residential 3 to construct an attached garage of Is, information supplied during the public hearing, and upon rion 179-14-080(A) of the Queensbury Town Code and Chapter 267 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. 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 APPRC NO. 22-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 24th Day of April 2024 by the following AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 25-2024 Project Applicant: Furniture House North, LLC. Project Location: Parcel History: SEQR Type: Meeting Date: 1066 State Route 9 SP 20-2024 Type II April 24, 2024 Description of Proposed Project: Applicant has completed fagade work including painting, window location, auto part art fixtures, and updated lighting fixtures. The outdoor patio area roofline has been extended and the patio area has been updated with concrete. Planters and seasonal seating are to be added to the outdoor patio area noting one tree has been removed closest to the store entry. The building will remain as a restaurant and store. There are no changes in the number of seating for the restaurant. Site plan for addition to covered patio area and updated fagade. Relief requested for setback of roof over patio. Relief Required: The applicant requests relief for setback of roof over patio. The project site is located on a 2.76 ac parcel within the Commercial Moderate zone. Section 179-3-040 The roofline upgrade with new roof area is to be 45.5 ft from the front of the building and 62 ft to the patio roof 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 limited due to the existing building location. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 29.5 ft for the building and 13 ft for the covered patio roof 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. 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. The applicant proposes to complete several fagade renovations including the expanded covered patio roof. The plans show the fagade renovations including building color and features attached to the building. The survey shows the setbacks to the front property line. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7 , Off ` u erzc rim Area Variance Resolution To: Approve / Disapprove Applicant Name: Furniture House North LLC File Number: AV 25-2024 Location: 1066 State Route 9 Tax Map Number: 296.9-1-10.12 ZBA Meeting Date: April 24, 2024 The Zoning Board of Appeals of the Town of Queensbury Applicant has completed fagade work including painting, lighting fixtures. The outdoor patio area roofline has been concrete. Planters and seasonal seating are to be added to 1 removed closest to the store entry. The building will rema the number of seating for the restaurant. Site plan for addii requested for setback of roof over patio. Relief Required: The applicant requests relief for setback of roof the Commercial Moderate zone. Section 179-3-040 The roofline upgrade with new roof area is to be where a 75 ft setback is required. SEQR Type II —,no further A public hearing was advertised and field on Upon review of the appl consideration of the criteria;, of NYS Town Law and after as received an application from Jennifer Ball. ndow location, auto part art fixtures, and updated :tended and the patio area has been updated with outdoor patio area noting one tree has been as a restaurant and store. There are no changes in n to covered patio area and updated fagade. Relief is located on a 2.76 ac parcel within 45.5 ft from the front of the building and 62 ft to the patio roof sday, April 24, 2024. Is, information supplied during the public hearing, and upon ;ion 179-14-080(A) of the Queensbury Town Code and Chapter 267 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. 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 fo BASED ON THE ABOVE FINDINGS I MAKE A M NO. 25-2024, Introduced by , who moved for its ac sent with this resolution. Duly adopted this 24th Day of April 2024 by the following vote: AYES NOES YPROVE / DENY AREA VARIANCE Jed by