Application & DeedArea Variance [ZBA approved: November 15, 2019]
308.6-2-7
Tax Parcel ID Number:
MDR/SR 1 A
Zoning District:
General Information
Detailed Description of Project [include current & proposed use]:
Adding a one car garrage addition with the measurments of 16 foot wide by 24 foot long adjoining the exsisting carport at the
roof. Current use is lawn and proposed use is to park a full size vehicle in garage with additional household storage above.
Location of Project: 29 Charlton Lane
Applicant Name:
Christopher Leonka
Mailing Address
29 Charlton Lane
Home Phone
518-798-8183
City, State,'; Zip
Queensbury, New York, 12804
Work Phone
Cell Phone
518-232-4459
E-Mail:
cleonka@roadrunner.com
FAX No.
Agent's Name:
Mailing Address
Home Phone
City, State,'; Zip
Work Phone
Cell Phone
E-mail
FAX No.
Owner's Name
Christopher Leonka
Mailing Address
29 Charlton Ln.
Home Phone
518-798-8183
City, State, Zip
Queensbury, NY, 12804
Work Phone
Cell Phone;
518-232-4459
E-mail
cleonka@roadninner.com
FAX No.
Page 1
Area Variance [ZBA approved: November 15, 2019]
Site Development Data
Area / Type:
Existing sq. ft.
Proposed `
Additionsq. ft.
Total sq. ft.
A. Building footprint
1926 sq. ft.
384 sq. ft.
2310 sq. ft.
B. Detached Garage
C. Accessory Structure(s)
96
96
D. Paved, gravel or other hard surfaced area
1480 sq. ft
1480 sq. ft.
E. Porches / Decks
316 sq. ft.
316 sq. ft.
F. Other
G. Total Non -Permeable [Add A-F]
3818sq. ft.
4202sq. ft.
H. Parcel Area [43,560 sq. ft. / acre]
23,958 sq. ft.
23,958 sq. ft.
I. Percentage of Impermeable Area of Site [I=G/H]
16%
18%
Setback Requirements
Area
Required
Existing
Proposed
Front Yard [1]
30 ft.
31.62 ft.
Front Yard [2]
Shoreline
Side Yard [1]
30 ft,
29.81 ft
13.81 sq. ft.
Side Yard [2]
30 ft.
17.56 ft.
Rear Yard [ 1 ]
20 ft.
Rear Yard [2]
20, ft
Travel Corridor
Height [maximum]
Permeability
84
82
Number of parking spaces
3
1
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 parcel has previous approvals, list application number(s): SUB 14-2005
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? _ Yes / _ No
4. Estimated project duration: Start Date: End Date: 11/2024
5. Estimated total cost of project: $6500.00
6. Total area of land disturbance for project: 384 sq. ft.
Floor Area Ratio Worksheet
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 / Cl
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 (5) 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
sq. ft.
Existing Floor Area
sq. ft. [see above definition]
Proposed Additional Floor Area
s • ft•
Proposed Total Floor Area
sq. ft.
Total Allowable Floor Area
(Area x [see above table]
Page 3
Area Variance [ZBA approved: November 15, 2019]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-5-020 & 179-3-040 MDR
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] 7J Setback ❑ Buffer Zone ❑ Lot Width 4 Other No Cut Zone 1 Bay & 16ft X 24 ft
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
l . 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?
The addition will be built on the west side of the property with adjacent property housing wooded area and a church parking
lot. Based on the current footprint of the exsistmg carport the front setback rom the road is deep ime ations ip tot e rest of —
tile
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?
NO, due to limited space between edge of exsisting carport to property line with no cut zone. Setbacks will still be met.
3. Whether the requested area variance is substantial?
Nothing is going to change to the current no cut zone area. With the construction of this garage addition the no cut zone will
e reduced rom 20 feet to approx. 13. There is currently open space between the edge of the exsistmg carport and property
hile with no cut zone incoiporated.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
NO, The proposed addition will blend with the current layout of the house, garage and carport. All exterior finishes and trims
5. Whether the alleged difficulty was self-created?
The no cut buffer zone was put into place when the sub- division was created.
Page 4
Area Variance [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 applicant & person responsible for preparation of drawing
survey
2
Deed
attached
3
North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
survey
4
Boundaries of the property plotted to scale, zoning boundary
survey
5
Principal structures, accessory structures with exterior dimensions
survey
6
Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
survey
7
Setbacks for all structures and improvements: existing & proposed
survey
8
Elevations and floor plans of all proposed and affected structures
picture, site, sub
B.
Water & Sewer
Shown on=Sheet#
1
Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
onsite
2
Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on -site water supply and septic
municipal
3
Separation distances for proposed sewage disposal system to well and water bodies
na
4
Existing public or private water supply [well, lake, etc.]. Method of securing public or private
water, location, design and construction of water supply including daily water usage
na
5
Percolation test location and results
na
C.
Parkin" / Permeable Areas
Shown on Sheet #
1
Number of spaces required for project including calculations and justification: existing &
proposed
na
2
No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel,paved]
na
3
Provision for pedestrian and handicap access and parking: existin & proposed
na
4
Design details of ingress, egress, loading areas and cutting: existing & proposed
na
5
Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
na
6
Lighting, location and design of all existing and proposed outdoor lighting
na
D.
Additional Site Development and Miscellaneous
Shown on Sheet # `
1
On -site & adjacent watercourses, streams, rivers, lake and wetlands
na
2
Utility / energy distributions stem [gas, electric, solar, telephone]: existing & ro osed
na
3
Location, design and construction details of all existing and proposed site improvements
including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc.
na
4
Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existing & proposed
na
5
Si na e: Location, size, type, design and setback: existin & proposed
na
6
Waiver Request: provide letter with application requesting any waivers: please reference
specific items
Letter
7
Commercial / Industrial Development requires submission of Landscaping, Stormwater
Management, Grading & Lighting Plans
na
8
Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
na
Page 5
Area Variance Pre -Submission Conference Form / Section 179-9-040
1.
Applicant Name: Christopher Leonka rev2
2. Tax Map ID
3.
4.
308.6-2-7
Zoning Classification MDR(SR1A)0.55ac
Reason for Review:
5. Zoning Section #:
6.
Location: 29 Charlton Lane
The applicant proposes the construction of a 384 garage addition to an existing home of 1926 sf with a 732 sf garage areas included in the house footprint.
179-5-020 garage,179-3-040 MDR
Pre -Submission Meeting Notes: Provided
Deed
X
General Information complete
X
Site Development Data Complete
X`
Setback Requirements Complete
X.
Additional Project Information Complete
X
FAR addressed
NA
Compliance with Zoning Ordinance
X
Checklist items addressed
X
Environmental Form completed
NA
Signature Page completed
X
Outstanding; Please provide by
cvnn
The applicant proposes the construction of a 384 garage addition to an existing home of 1926 sf with an
existing 732 sf garage area that is included in the house footprint. The parcel is part of an approved
subdivision that included a no cut buffer zone on the west and south property line of 20 ft. The garage
addition will be less than 20 ft from the west property line. Subdivision modification for work within the
no -cut buffer zone. Area Variance proposed 4 garage bays where only 3 are allowed, overall size of
garage is 1116 sf where 1,100 sq ft is the maximum size allowed.
Items reviewed - area variance application, previous subdivision, past building permit files
Items to be updated or provided
1) copy of the deed
2) page 2 site data - shed
3) page 2 setback requirements - Side 1 & Side 2 30 ft sum with a minimum of 10 ft,
4) page 5 checklist - Will need survey, site drawing of site and new addition for the garage, elevation
drawings, survey waiver letter
5) Will need subdivision final stage application completed for modification
Staff Representative: Laura Moore via email 06/14/2024
Applicant / Agent: Christopher Leonka via emai106/13/2024
Date: 06/14/2024
Page 6
Area Variance [ZBA approved: November 15, 2019]
This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.)
Other Permit Responsibilities; 5.) 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.:
OWNER SIGNATURE:
Deed Reference: Book Page Date
DATE:
APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner:
Designates:
Variance
For Tax Map No.:
Site Plan Subdivision
Deed Reference
as Agent regarding the following:
Book Page Date
DATE:
2.) ENGINEERING FEE DISCLOSURE: Applications 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 enter 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.
5.) 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: I, 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 I/we 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 have read and agree to the above.
Signature [Applicant]
Signature [Agent]
Print Name [Applicant]
Print Name [Agent]
Date signed
Date signed
Page 7
WARREN COUN OCUMENT.-: 00004181
PAMELA J. VOQ UME 2 4503 PAiGE = 7
COUNTY CLERK
Lake George, NY 12845
soanzci0004te� Valor-4503 P9-7
Instrument Number. 2012- 00004181
As
Recorded On: May 31, 2012 Deed
Parties: LUZERNE VENTURES LLC
To
LEONKA CHRISTOPHER
Recorded By: BAY STREET
Comment:
Deed 55.50
TP-584 5.00
Recording Charge: 190.50
** Examined and Charged as Follows: **
Cover Page
Consideration
Amount Amount RS#/CS#
Transfer Tax 1,070.00 267,453.00 TT 1887 Basic
QUEENSBURY local
Additional
Tax Charge: 1,070.00
Billable Pages: 3
Num Of Pages: 4
5.00 RP-5217 Resid/Agdc 125.00
0.00
0.00 Special Additional 0.00
0.00 Transfer 1,070.00
RECORDED
County Clerks Office
Kay 31e2012 01:56P
Pasela J. Vosel
Warren County 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
File Information: Record and Return To:
Document Number: 2012- 00004181 LYNNE E ACKNER ESQ
Receipt Number: 258025 100 GLEN ST
Recorded DateTme: May 31, 2012 01:56:24P GLENS FALLS NY 12801
Book-Vol/Pg: Bk-RP VI-4503 Pg-7
Cashier / Station: C Latham / Cash Station 3
DOCUMENT 00004181
VOLUMES 4503 PAGE= s
b X,;�_ i
WARRANW DEED
Q1 with Lien Covenant
THIS INDENTURE, made they Nn day of 49" Two -Thousand Twelve,
Between, LUZERNE VENTURES, LLC, a New York limited liability company with a
e mailing address at 22 Sullivan Parkway, Fort Edward, New York 12828,
party of the first part, and
CHRISTOPHER LEONKA and MICHELE LEONKA, residing at 42 Howard Street,
Queensbury, New York 12804, as tenants by the entirety,
parties of the second part,
Witnesseth that the party of the first part, in consideration of ONE Dollar ($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 a portion of the premises conveyed by Hayes Construction Group, LLC to the
party of the first part by deed dated August 20, 2009 and recorded in the Warren County Clerk's
Office on August 20, 2009 in Book 3853 of Deeds at Page 64.
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.
Fourth: This conveyance does not constitute a conveyance of all or substantially all of
the assets of the Grantor.
DOCUMENT" 000041 S I
VOLUME: 45053 PAGE: q
In Witness Whereof, the party of the first part has hereunto set his/her/its hand and seal
the day and year first above written.
In Presence of LUZERNE VENTURES, LLC
JAV GAULIN, MEMBER
STATE OF NEW YORK )
)ss..
COUNTY OF WARREN )
On the a!' day of in the year 2012, before me, the
undersigned, a notary public in and for said state, personally appeared James Gaulin, 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.
tary Publi
DANIEL J. MANND(
Notary Public State of New York
No. 02MA6044847
Qualified in Warren Court Y
RECORD AND RETURN: Commission BTIras July 17,
Lynne E. Ackner, Esq.
100 Glen Street
Glens Falls, NY 12801
DOCUMENT'R 00o04181
VOLUME: 45w
03 PAGE: 10
SCHEDULE A
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, lying and being
in the Town of Queensbury, County of Warren and State of New York, and shown as Lot Six (6)
on the road and cul-de-sac identified as "Cedar Creek Lane" on a map entitled "Hayes Luzerne
Road Subdivision" made by Van Dusen & Steves, Land Surveyor, dated June 15, 2007 and filed
in the Warren County Clerk's Office on November 20, 2008 as Document No. 3000154, Plat C.
Slide 97. Cedar Creek Lane as depicted on the above referenced survey map is now known as
Charlton Lane.