Resolution & Compliance Letter 4.17.24761+71 of QxcnsbtJ17
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Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Compliance Letter
Today's Date: April 18, 2024
TO: Applicant Name: Paul Zemanek
Location: 10 Elm Drive
Tax Map Number: 289.10-1-52.1
RE: File No. AV 18-2024
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 karendRmgueensburv.net. **Copy Zoning Board Resolution onto the final approved plan. Please note
that it must be legible and copied onto the plans. A survey map must be submitted with the final plans."
Post Approval -Contact Heath Brown —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. Brown will monitor the site development throughout the project for compliance with your
approval; however, see item 3;
Contact Heath Brown, Code Compliance Officer at 518-761-8268.
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.
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.
Sincerely,
Craig Brown
Director of Planning & Zoning
Zoning Administrator
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:f ~ Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Area Variance Resolution To: Approve
Applicant Name: Paul Zemanek (Lot 1)
File Number: AV 18-2024
Location: 10 Elm Drive
Tax Map Number: 289.10-1-52.1
ZBA Meeting Date: April 17, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul Zemanek.
Applicant proposes a lot line adjustment between two parcels where Lot 1 will be reduced from 0.72 acres to
0.315 acres, and Lot 2 will be increased from 0.05 acres to 0.455 acres. The project also includes site work to
remove existing sheds on the site, reduction of hard surfacing and driveway surface reduction between both lots.
Lot 1 retains an existing house and Lot 2 proposes a new home. The existing home on Lot 1 (1,019 sq ft
footprint and floor area of 1,968 sq ft) with reduced lot size is to remain. Lot 2 is to have a 1,400 sq ft footprint
and floor area of 2,568 sq ft. Relief requested for lot size, lot width, road frontage, and water frontage.
Relief Required:
The applicant requests relief for lot size, lot width, road frontage, and water frontage. The parcel is to be 0.315
ac in the Waterfront residential zone.
Section 179-3-040
The project requires an area variance for reducing lot size less than 2 acres to 0.315 ac, lot width for less than
150 ft where 63.56 is proposed, road frontage for less than 150 ft where existing is 67.71 ft and 50 ft is
proposed, water frontage for less than 150 ft where 140.23 ft existing and 63.72 ft is proposed.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, April 17, 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:
There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. The new lot created will be 84 feet wide. This current one will be 61 feet I believe.
2. Feasible alternatives have been considered by the Board and have been included to minimize the request.
We feel that it's reasonable as proposed.
3. The requested variance is not substantial because the lots will be similar to the neighboring properties
adjacent.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty is self-created, but it's also created by the odd size of that initial lot that they are stuck
with.
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. 18-
2024, Introduced by James Underwood, who moved for its adoption, seconded by Richard Cipperly:
Duly adopted this 17" Day of April 2024 by the following vote:
AYES: Mr. Urrico, Mr. Cipperly, Mr. Underwood, Mr. Keenan
NOES: Mr. Kuhl, Mr. Henkel, Mr. McCabe