Loading...
ZBA Staff NotesStaff Notes July 17, 2024 Administrative Items: Approval of Meeting Minutes for June 19, 2024 Tabled Items: AV 14-2024 Patten Properties Development AV 15-2024 Patten Properties Development New Business: AV 32-2024 Daniel Zotto & Carrie Hedderman AV 3 6-2024 Stephen Haraden AV 3 7-2024 Dave & Shannan Carroll AV 38-2024 Ronald & Jill Barton AV 39-2024 Kurtis Thornquist AV 40-2024 Morgan Gazetos AV 42-2024 Christopher Leonka AV 43 -2024 Barbara S chagen Queensbury Zoning Board of Appeals Agenda Meeting: July 17, 2024 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for June 19, 2024 TABLED ITEMS: Applicant(s) Patten Property Development Area Variance Number AV 14-2024 Owner(s) Patten Property Management LLC SEQRA Type Type II Agent(s) Ethan Hall Rucinski Hall Architecture Lot Size 0.47 acres Location & Ward Off Hall Road Barber Rd Ward 1 Zoning WR Tax Id No 289.11-1-59.312 Section 179-3-040 Cross Ref SP 12-2024 Warren County Planning n/a Public Hearing Aril 17, 2024; July 17, 2024 Adirondack Park Agency n/a Project Description: (Revised) Applicant proposes a 641 sq ft house footprint with a 299 sq ft porch/deck area. The floor area is to be 1,351 sq ft. Project includes a lot line adjustment to decrease the lot size from 20,632 sq ft to 14,411 sq ft. Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. Site plan for project within 50 ft of 15% slopes. Relief requested for lot size and setbacks. Applicant(s) Patten Property Development Area Variance Number AV 15-2024 Owner(s) Patten Property Management LLC SEQRA Type Type II Age ts Ethan Hall Rucinski Hall Architecture Lot Size 0.29 acres Location & Ward 96 Hall Road Ward 1 Zoning WR Tax Id No 289.11-1-23 Section 179-3-040 Cross Ref SP 11-2024 Warren County Planning n/a Public Hearing Aril 17, 2024; July 17, 2024 Adirondack Park Agency n/a Proiect Description: (Revised) Applicant proposes to construct a new 2,482 sq ft (footprint) home with 47 sq ft porch/deck area with a floor area of 4,639 sq ft. The existing home has been demolished and there are other items to be demolished as well. The project includes a lot line adjustment to increase the lot size from 12,690 sq ft to 18,200 sq ft. The lot line adjustment allows for direct access to Hall Road from the lot (previous access was through adjoining lot). Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. The project includes a new dock system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new floor area. Relief requested for setbacks, height, floor area, road frontage, and number of garages. NEW BUSINESS: Applicant(s) Daniel Zotto & Carrie Hedderman Area Variance Number AV 32-2024 Owner(s) Daniel Zotto & Carrie Hedderman SEQRA Type Type II Age ts n/a Lot Size 0.29 acres Location & Ward 306 Glen Lake Rd. Ward 1 Zoning WR Tax Id No 289.9-1-86 Section 179-3-040; 179-4-080; 179-13-010 Cross Ref SP 29-2024; AV 30-2022; SP 42-2022 Warren County Planning n/a Public Hearing July 17, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 400 sq ft deck to be added to an existing home. The existing home of 828 sq ft and floor area of 1,356 sq ft are to remain with no changes. The deck is to be located to face the shoreline. The area beneath the deck is to be gravel and filter fabric. The deck is to be 12 inches in height from the ground and to have a step to the ground. There are no other site changes. Previous approval of 2022 has expired. Site plan for new hard surfacing within 50 ft of the shoreline and expansion of a nonconforming structure. Relief requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: July 17, 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) Stephen Haraden Area Variance Number AV 36-2024 Owner(s) Stephen Haraden SEQRA Type Type II Agent(s) Jake Howland; Jonathan Lapper, Esq. Lot Size 0.35 acres Location & Ward 334 Cleverdale Rd. Ward 1 Zoning WR Tax Id No 226.12-1-74 Section 179-3-040 Cross Ref SP 36-2024, AV 13-2021; SP 11-2021 Warren County Planning July 2024 Public Hearing July 17, 2024 Adirondack Park Agency ALD Proiect Description: Applicant requests as -built conditions for a 2021 project for a new 3 bedroom home with associated site work. The as -built conditions include a home of 2,751 sq ft footprint with a 232 sq ft porch/deck area, hard surfacing within 50 ft of the shoreline, and other hard surfacing In addition, there has been relocation of the rain gardens and house. Site plan for hard surfacing within 50 ft of shoreline and request for as -built conditions. Relief requested for permeability and setbacks. Applicant(s) Dave & Sharman Carroll Area Variance Number AV 37-2024 Owner(s) David M Carroll III & Sharman Carroll SEQRA Type Type II Age ts Flynn Design Studio Trevor Flynn) Lot Size 0.6 acres Location & Ward 21 Heron Hollow Rd. Ward 1 Zoning WR Tax Id No 227.17-1-5 Section 179-3-040 Cross Ref SP 37-2024; SP 55-89 Warren County Planning July 2024 Public Hearing July 17, 2024 Adirondack Park Agency ALD Proiect Description: Applicant proposes several alterations to an existing home including removal of existing floor area, interior alterations and to construct a 115 sq ft dormer over the existing garage and an 85 sq ft new second story addition over the existing entry porch. Exterior alterations include window and door replacement and relocation for some, also some work on the existing roofline near the shoreline. The number of bedrooms at 7 remains the same. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks and floor area. Applicant(s) Ronald & Jill Barton Area Variance Number AV 38-2024 Owner(s) Ronald & Jill Barton SEQRA Type Type II Age ts Hutchins Engineering PLLC; Curt D bas, R.A. Lot Size 0.26 acres Location & Ward 74 Bay Parkway Ward 1 Zoning WR Tax Id No 226.15-1-23 Section 179-3-040 Cross Ref SP 38-2024; SP 1-2004; AV 16-1992; SP 11-92; AV 37-1989; AV 36-1989; SP 19-89 Warren County Planning July 2024 Public Hearing July 17, 2024 Adirondack Park Agency ALD Proiect Description: Applicant proposes a renovation of an existing 1,155 sq ft home with 625 sq ft porch/deck area. The project includes removal of an upper level open deck and an enclosed porch to construct a new 185 sq ft footprint basement and first floor addition and a new upper deck/terrace area. The existing floor area is 4,150 sq ft with a new total floor area of 4,240 sq ft proposed. Site work includes stormwater management and shoreline plantings. Site plan for new floor area in a CEA and hard -surfacing within 50 ft of shoreline. Relief requested for setbacks and new floor area. Applicant(s) Kurtis Thorn uist Area Variance Number AV 39-2024 Owner(s) Kurtis Thornquist SEQRA Type Type II Age ts n/a Lot Size 0.67 acres Location & Ward 25 Caroline St. Ward 4 Zoning NR Tax Id No 309.11-1-63 Section 179-5-070; 179-3-040 Cross Ref n/a Warren County Planning__July 2024 & Glens Falls Public Hearing July 17, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 6 ft privacy fence in front yard of corner lot of 105 ft in length. The existing home of 880 sq ft, porch areas of 330 sq ft, detached garage of 400 sq ft, and accessory structure of 140 sq ft are all to remain with no changes. Relief requested for fence location, height of fence, and type of fence. Queensbury Zoning Board of Appeals Agenda Meeting: July 17, 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) Morgan Gazetos Area Variance Number AV 40-2024 Owner(s) Rev Trust Gregory Francis AMD & Restate 2014 SEQRA Type Type II Age ts Morgan Gazetos Lot Size 0.92 acres Location & Ward 2930 State Route 9L Ward 1 Zoning WR Tax Id No 239.20-1-19 Section 179-5-020; 179-3-040 Cross Ref SP 42-2024; AV 25-2022; SP 35-2022; AV 85-2014; SP 72-2014; 2024-0107 Warren County Planning July 2024 Public Hearing July 17, 2024 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a 320 sq ft footprint garage with 320 sq ft storage above. Project work will be near and on the existing driveway area. Project includes installation of electric for lighting in the garage. The existing 1306 sq ft home footprint and 1262 sq ft deck/porch area to remain with no changes. Only site work at the garage location, no changes to the remaining site or shoreline area. Site plan for construction of a garage and new floor area in a CEA. Relief requested for height. Applicant(s) Christopher Leonka Area Variance Number AV 42-2024 Owner(s) Christopher & Michele Leonka SEQRA Type Type II Age ts n/a Lot Size 0.55 acres Location & Ward 29 Charlton Lane Ward 3 Zoning MDR Tax Id No 308.6-2-7 Section 179-5-020; 179-3-040 Cross Ref SUB (M) 6-2024; SUB 14-2005; 2024-0173 Warren County Planning n/a Public Hearing July 17, 2024 Adirondack Park Agency n/a Project Description: Applicant proposes the construction of a 384 sq ft garage addition to an existing home of 1,926 sq ft with an existing 732 sq ft garage area that is included in the house footprint. The parcel is part of an approved subdivision that included a no cut buffer zone of 20 ft on the west and south property lines. Subdivision modification for work within the no -cut buffer zone. Relief requested for number of garage bays and size of garage. Applicant(s) Barbara Schagen Area Variance Number AV 43-2024 Owner(s) Kurt & Barbara Schagen SEQRA Type Type II Agent(s) n/a Lot Size 0.19 acres Location & Ward 33 Honeysuckle Lane Ward 1 Zoning WR Tax Id No 226.19-1-52 Section 179-3-040; 179-4-080 Cross Ref 2024-0208 Warren County Planning July 2024 Public Hearing July 17, 2024 Adirondack Park Agency ALD Proiect Description: Applicant proposes to remove two deck additions, one of 240 sq ft and one of 160 sq ft and to construct two new decks in a similar location. The new decks are to be 288 sq ft and 160 sq ft with a foot bridge of 59.5 sq ft connecting the two decks. The existing 1,403 sq ft home is to remain unchanged with no other sitework. The parcel is a corner lot. Relief is requested for setbacks. 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\July 17, 2024\ZBA Final Agenda July 17, 2024.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 14-2024 Project Applicant: Patten Property Development Project Location: Barber Road Parcel History: SP 12-2024 SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project] - (Revised) Applicant proposes a 641 sq ft house footprint with a 299 sq ft porch/deck area. The floor area is to be 1,351 sq ft. Project includes a lot line adjustment to decrease the lot size from 20,632 sq ft to 14,411 sq ft. Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. Site plan for project within 50 ft of 15% slopes. Relief requested for lot size and setbacks. Relief Required: The applicant requests relief for permeability, lot size, and setbacks for construction of a new home. The site is to be 0.35 ac in the Waterfront Residential zone. Section 179-3-040 The new home is to be 12 ft 10 inches from the front and 25 ft 10 inches from the rear where 30 ft is required, and the lot size has been reduced to 0.33 ac where 2 ac 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. The project may be considered to have minimal impact on the neighboring properties or neighborhood character. 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 considered to not reduce the property size and develop a home to minimize the setbacks relief requested. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief is requested for front 17 ft 2 inches, for the rear 4 ft 2 inches and 1.65 ac deficient from 2 ac required. 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. Staff comments: The applicant proposes to construct a new home with associated site work. The reduction in lot size is to allow the adjoining lot to have direct access to Hall Road. Each lot will have access to Hall Road Extension directly. The plans show the location of the home and driveway access to the home. The revision includes permeable pavement for the access road to the adjoining lots. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 i F biwi of C._ucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Patten Property Development File Number: AV 14-2024 Location: Off Hall Road (Barber Road) Tax Map Number: 289.11-1-59.312 ZBA Meeting Date: April 17, 2024; July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Patten Property Development. (Revised) Applicant proposes a 641 sq ft house footprint with a 299 sq ft porch/deck area. The floor area is to be 1,351 sq ft. Project includes a lot line adjustment to decrease the lot size from 20,632 sq ft to 14,411 sq ft. Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. Site plan for project within 50 ft of 15% slopes. Relief requested for lot size and setbacks. Relief Required: The applicant requests relief for permeability, lot size, and setbacks for construction of a new home. The site is to be 0.35 ac in the Waterfront Residential zone. Section 179-3-040 The new home is to be 12 ft 10 inches from the front and 25 ft 10 inches from the rear where 30 ft is required, and the lot size has been reduced to 0.33 ac where 2 ac is required. SEQR Type II — no further review required; A public hearing was advertised and held on April 17, 2024 and July 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: 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 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 APPROVE / DENY AREA VARIANCE NO. 14-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of July 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 15-2024 Project Applicant: Patten Property Development Project Location: 96 Hall Road Parcel History: SP 11-2024 SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: (Revised) Applicant proposes to construct a new 2,482 sq ft (footprint) home with 47 sq ft porch/deck area with a floor area of 4,639 sq ft. The existing home has been demolished and there are other items to be demolished as well. The project includes a lot line adjustment to increase the lot size from 12,690 sq ft to 18,911 sq ft. The lot line adjustment allows for direct access to Hall Road from the lot (previous access was through adjoining lot). Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. The project includes a new dock system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new floor area. Relief requested for setbacks, height, floor area, road frontage, and number of garages. Relief Required: The applicant requests relief for permeability, setbacks, height, floor area, road frontage, dock location and number of garages. The project site is to be on a 0.43 ac parcel in the Waterfront Residential. Section 179-3-40 The new home is to be located 37 ft 1 inches from the shoreline where a 50 ft setback is required, the floor area is to be 4,639 sf where the maximum allowed is 4,004 sf, the height is to be 32 ft 6 inches where the maximum allowed is 28 ft. Relief for road frontage where 46.2 ft is proposed and 150 ft is required for WR zone and for the number of garages where one is allowed at 1,100 sf and three are proposed due to the house design less than 1,100 in total. A U-Shaped dock is proposed to be 6 ft 3 inches from the property line project where a 20 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. 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 considered to reduce the size of the home. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. Relief is requested for 12 ft 11 inches from the home to the shoreline, 635 sf of floor area greater than allowed, 4 ft 6 inches taller than allowed, 103.8 ft less than required for road frontage, and 2 more garages than allowed. Relief for the dock location is 13 ft 9 inches. 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 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. Staff comments: The applicant proposes to construct a new home with associated site work. The increase in parcel size will allow for direct access to Hall Road Extension. The plans show the location of the home and driveway access to the home. The plans also show the location of the docking system in relation to the property line. The revision includes additional permeability with the proposed permeable driveway area and a reduction in the house size. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution t Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 J Town of C_ucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Patten Property Development File Number: AV 15-2024 Location: 96 Hall Road Tax Map Number: 289.11-1-23 ZBA Meeting Date: April 17, 2024; July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Patten Property Development. (Revised) Applicant proposes to construct a new 2,482 sq ft (footprint) home with 47 sq ft porch/deck area with a floor area of 4,639 sq ft. The existing home has been demolished and there are other items to be demolished as well. The project includes a lot line adjustment to increase the lot size from 12,690 sq ft to 18,911 sq ft. The lot line adjustment allows for direct access to Hall Road from the lot (previous access was through adjoining lot). Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. The project includes a new dock system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new floor area. Relief requested for setbacks, height, floor area, road frontage, and number of garages. Relief Required: The applicant requests relief for permeability, setbacks, height, floor area, road frontage, dock location and number of garages. The project site is to be on a 0.43 ac parcel in the Waterfront Residential. Section 179-3-40 The new home is to be located 37 ft 1 inches from the shoreline where a 50 ft setback is required, the floor area is to be 4,639 sf where the maximum allowed is 4,004 sf, the height is to be 32 ft 6 inches where the maximum allowed is 28 ft. Relief for road frontage where 46.2 ft is proposed and 150 ft is required for WR zone and for the number of garages where one is allowed at 1,100 sf and three are proposed due to the house design less than 1,100 in total. A U-Shaped dock is proposed to be 6 ft 3 inches from the property line project where a 20 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on April 17, 2024 and July 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: PER THE DRAFT PROVIDED BY STAFF 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 follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 15-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of July 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 32-2024 Project Applicant: Daniel Zotto & Carrie Hedderman Project Location: 306 Glen Lake Road Parcel History: SP 29-2024; AV 30-2022; SP 42-2022 SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: Applicant proposes a 400 sq ft deck to be added to an existing home. The existing home of 828 sq ft and floor area of 1,356 sq ft are to remain with no changes. The deck is to be located to face the shoreline. The area beneath the deck is to be gravel and filter fabric. The deck is to be 12 inches in height from the ground and to have a step to the ground. There are no other site changes. Previous approval of 2022 has expired. Site plan for new hard surfacing within 50 ft of the shoreline and expansion of a nonconforming structure. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of deck addition in the Waterfront Residential zone- WR. The parcel is 0.29 ac. Section 179-4-080 decks/porches The 400 sq. ft. deck addition is to be 21.5 ft. to the shoreline where a 50 ft. setback is required and 8 ft. to the east side property line where 15 ft. 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 location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief requested for shoreline setback is 28.5 ft and relief for the east property line is 7 ft. 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 to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: Applicant proposes construction of a 400 sq ft deck addition to the existing home as shown on the survey. The deck is to be 12 inches off the ground per the plans. The deck will allow for additional space for deck items. The applicant's previous approval had expired. ; Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'IbvE v of 0-11consbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Daniel Zotto & Carrie Hedderman File Number: AV 32-2024 Location: Tax Map Number: ZBA Meeting Date 306 Glen Lake Rd. 289.9-1-86 July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Daniel Zotto & Carrie Hedderman. Applicants propose a 400 sq ft deck to be added to an existing home. The existing home of 828 sq ft and floor area of 1,356 sq ft are to remain with no changes. The deck is to be located to face the shoreline. The area beneath the deck is to be gravel and filter fabric. The deck is to be 12 inches in height from the ground and to have a step to the ground. There are no other site changes. Previous approval of 2022 has expired. Site plan for new hard surfacing within 50 ft of the shoreline and expansion of a nonconforming structure. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of deck addition in the Waterfront Residential zone- WR. The parcel is 0.29 ac. Section 179-4-080 decks/porches The 400 sq. ft. deck addition is to be 21.5 ft. to the shoreline where a 50 ft. setback is required and 8 ft. to the east side property line where 15 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: 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 letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 32-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of July 2024 by the following vote: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 36-2024 Project Applicant: Stephen Haraden Project Location: 334 Cleverdale Road Parcel History: SP 36-2024; AV 13-2021; SP 11-2021 SEAR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project; Applicant requests as -built conditions for a 2021 project for a new 3 bedroom home with associated site work. The as -built conditions include a home of 2,751 sq ft footprint with a 232 sq ft porch/deck area, hard surfacing within 50 ft of the shoreline, and other hard surfacing In addition, there has been relocation of the rain gardens and house. Site plan for hard surfacing within 50 ft of shoreline and request for as -built conditions. Relief requested for floor area, permeability and setbacks. Relief Required: The applicant requests relief for permeability and setbacks for unapproved modifications to a recently constructed home and site work. The project site is on a 0.35 acre parcel in the Waterfront Residential zone. Section 179-3-040 WR The new home is located 15.9 ft from the north property line where a 20 ft setback is required. Relief is requested for floor area where 4,391 sq ft is existing and maximum allowed 3,363 sf noting previously approved was 4,312. The rain gardens are located 30 ft from the shoreline where a 35 ft setback is required for stormwater devices. The permeability for the site is 71% where 75% is required. The rain gardens are now less than 35 ft from the shoreline where a 35 ft setback is the minimum for stormwater device. 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 considered to improve the permeability of the site. The setbacks may be considered limited due to the request for as -built conditions. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 4.1 ft from the north side yard and 1,028 sf of floor area noting only 79 sf larger than approved. The new permeable relief is 4%. The stormwater device relief is 5 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 to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The applicant proposes no changes to the existing site conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant requests approval of a newly constructed home. The original project in 2021 was to remove the existing home and detached garage. The new home and site are different than proposed in 2021. This includes a slightly larger building footprint, new hard surfacing within 50 ft of the shoreline, new hard surfacing for the driveway configuration and relocation of the rain gardens. The plans show the as built conditions from a current survey. 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 Dim of Queensbuq Area Variance Resolution To: Approve / Disapprove Applicant Name: Stephen Haraden File Number: AV 36-2024 Location: 334 Cleverdale Rd. Tax Map Number: 226.12-1-74 ZBA Meeting Date: July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Stephen Haraden. Applicant requests as -built conditions for a 2021 project for a new 3 bedroom home with associated site work. The as -built conditions include a home of 2,751 sq ft footprint with a 232 sq ft porch/deck area, hard surfacing within 50 ft of the shoreline, and other hard surfacing In addition, there has been relocation of the rain gardens and house. Site plan for hard surfacing within 50 ft of shoreline and request for as -built conditions. Relief requested for floor area, permeability, and setbacks. Relief Required: The applicant requests relief for floor area, permeability, and setbacks for unapproved modifications to a recently constructed home and site work. The project site is on a 0.35 acre parcel in the Waterfront Residential zone. Section 179-3-040 WR The new home is located 15.9 ft from the north property line where a 20 ft setback is required. Relief is requested for floor area where 4,391 sq ft is existing and maximum allowed 3,363 sf noting previously approved was 4,312. The rain gardens are located 30 ft from the shoreline where a 35 ft setback is required for stormwater devices. The permeability for the site is 71% where 75% is required. The rain gardens are now less than 35 ft from the shoreline where a 35 ft setback is the minimum for stormwater device. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: PER THE DRAFT PROVIDED BY STAFF 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 follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 36-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17t' Day of July 2024 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 37-2024 Project Applicant: Dave & Shannan Carroll Project Location: 21 Heron Hollow Road Parcel History: SP 37-2024; SP 55-89 SEAR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: Applicant proposes several alterations to an existing home including removal of existing floor area, interior alterations and to construct a 115 sq ft dormer over the existing garage and a 85 sq ft new second story addition over the existing entry porch. Exterior alterations include window and door replacement and relocation for some, also some work on the existing roofline near the shoreline. The number of bedrooms at 7 remains the same. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks and floor area. Relief Required: The applicant requests relief for setbacks and floor area for alterations to an existing home. The project sits on a 0.58 ac parcel in the Waterfront residential zone Section 179-3-040WR dimensional The new dormer addition is to be 15.3 ft from the front setback where 30 ft is required. The porch on the shoreline side is to be 41.0 ft where a 50 ft setback is required. Floor area relief is in excessive of the maximum allowed of 5,595 sf where 7,812 sf is proposed to remain but in different locations of the building noting it is reduction overall by 168 sf. The home's existing floor area is 7,980 sf noting the building was constructed in 1980 where floor area in unfinished basement areas were not accounted for. 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 considered limited due to the location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief is for 14.7 feet to the front property line and 9 feet to the shoreline. Floor area relief is 2,217 sf. 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 to no 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. Staff comments: The applicant proposes alterations to the existing home for replacement of multiple windows, removal of some covered entry areas and to improve the area above the garage for playroom area. The project includes a dormer addition above the garage and a second story addition of the home to access the new area. The plans show the existing and proposed conditions of the alterations to the existing home. 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 bivn of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Dave & Sharman Carroll File Number: AV 37-2024 Location: 21 Heron Hollow Rd. Tax Map Number: 227.17-1-5 ZBA Meeting Date: July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Dave & Shannan Carroll. Applicants propose several alterations to an existing home including removal of existing floor area, interior alterations and to construct a 115 sq ft dormer over the existing garage and an 85 sq ft new second story addition over the existing entry porch. Exterior alterations include window and door replacement and relocation for some, also some work on the existing roofline near the shoreline. The number of bedrooms at 7 remains the same. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks and floor area. Relief Required: The applicant requests relief for setbacks and floor area for alterations to an existing home. The project sits on a 0.58 ac parcel in the Waterfront residential zone Section 179-3-040WR dimensional The new dormer addition is to be 15.3 ft from the front setback where 30 ft is required. The porch on the shoreline side is to be 41.0 ft where a 50 ft setback is required. Floor area relief is in excessive of the maximum allowed of 5,595 sf where 7,812 sf is proposed to remain but in different locations of the building noting it is reduction overall by 168 sf. The home's existing floor area is 7,980 sf noting the building was constructed in 1980 where floor area in unfinished basement areas were not accounted for. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: 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 i (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 follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 37-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17t' Day of July 2024 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 38-2024 Project Applicant: Ronald & Jill Barton Project Location: 74 Bay Parkway Parcel History: SP 38-2024; SP 1-2004; AV 16-1992; SP 11-92; AV 37-1989; AV 36-1989; SP 19-89 SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: Applicants propose a renovation of an existing 1,155 sq ft home with 625 sq ft porch/deck area. The project includes removal of an upper level open deck and an enclosed porch to construct a new 185 sq ft footprint basement and first floor addition and a new upper deck/terrace area. The existing floor area is 4,150 sq ft with a new total floor area of 4,240 sq ft proposed. Site work includes stormwater management and shoreline plantings. Site plan for new floor area in a CEA and hard -surfacing within 50 ft of shoreline. Relief requested for setbacks and new floor area. Relief Required: The applicant requests relief for setbacks and new floor area in a CEA for alterations and additions to an existing home. The project site is on a 0.25 ac parcel in the Waterfront Residential zone. 179-3-040 WR The addition is to be 34 ft from the shoreline where a 50 ft setback is required. A portion of the existing porch is to be renovated and is to be 32.4 ft from the shoreline where a 50 ft setback is required. Floor area relief is in excessive of the maximum allowed of 2,513 sf where 4,240 sf is proposed. The home's existing floor area is 4,150 sf noting the building was constructed in 1973 and renovated in 1986 where floor area in unfinished basement areas were not accounted for. 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 considered limited due to the location of the existing home and alterations proposed. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested for the addition is 16 ft and the porch area is 17.6 ft. The floor area relief is 1,727 sf. 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 will have minimal impact on the physical or environmental conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes the alteration to the existing home to remove a portion of the home and construct the new addition. The plans show the expansion of the bedrooms on the lower level, improving the dining and breakfast area on the first floor, and an open terrace on the second floor. The plans show the exterior views of the existing and proposed conditions. 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 F lows of C-ucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Ronald & Jill Barton File Number: AV 38-2024 Location: 74 Bay Parkway Tax Map Number: 226.15-1-23 ZBA Meeting Date: July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Ronald & Jill Barton. Applicants propose a renovation of an existing 1,155 sq ft home with 625 sq ft porch/deck area. The project includes removal of an upper level open deck and an enclosed porch to construct a new 185 sq ft footprint basement and first floor addition and a new upper deck/terrace area. The existing floor area is 4,150 sq ft with a new total floor area of 4,240 sq ft proposed. Site work includes stormwater management and shoreline plantings. Site plan for new floor area in a CEA and hard -surfacing within 50 ft of shoreline. Relief requested for setbacks and new floor area. Relief Required: The applicant requests relief for setbacks and new floor area in a CEA for alterations and additions to an existing home. The project site is on a 0.25 ac parcel in the Waterfront Residential zone. 179-3-040 WR The addition is to be 34 ft from the shoreline where a 50 ft setback is required. A portion of the existing porch is to be renovated and is to be 32.4 ft from the shoreline where a 50 ft setback is required. Floor area relief is in excessive of the maximum allowed of 2,513 sf where 4,240 sf is proposed. The home's existing floor area is 4,150 sf noting the building was constructed in 1973 and renovated in 1986 where floor area in unfinished basement areas were not accounted for. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: PER THE DRAFT PROVIDED BY STAFF 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 APPROVE / DENY AREA VARIANCE NO. 38-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 1711 Day of July 2024 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 39-2024 Project Applicant: Kurtis Thornquist Project Location: 25 Caroline Street Parcel History: n/a SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: Applicant proposes a 6 ft privacy fence in front yard of corner lot of 105 ft in length. The existing home of 880 sq ft, porch areas of 330 sq ft, detached garage of 400 sq ft, and accessory structure of 140 sq ft are all to remain with no changes. Relief requested for fence location, height of fence, and type of fence. Relief Required: The applicant requests relief for fence location, height of fence, and type of fence to be installed in a portion of the front yard. The project site is 0.67 ac located in the Neighborhood Residential. Section 179-5-070 fence The fence is to be located on the front yard along Fourth Street including four sections. The sections are 15 ft, 50 ft, 15 ft, and a 20 ft section all to be 6 ft in height and privacy type. Fences of privacy of 6 ft in height are not allowed front yards. 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 proposed fence may be considered to have minimal to no impact on the character of the neighborhood area. 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 considered limited due to the location of the home and the fence type. 3. Whether the requested area variance is substantial. The relief requested may be considered to be substantial relevant to the code. The relief is for a privacy fence, 611 height, and location in the front yard. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The requested variance may have minimal to no adverse impact of the environmental conditions in the neighborhood. 5. Whether the alleged difficulty was self-created. The requested variance may be considered to be self- created. Staff comments: The applicant proposes a six foot privacy fence to be located in the front yard. The plans show the location of the fence along Fourth Street. The applicant has explained the fence would be for privacy and to keep the dogs in the yard. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of CZeensbwry Area Variance Resolution To: Approve / Disapprove Applicant Name: Kurtis Thornquist File Number: AV 39-2024 Location: 25 Caroline St. Tax Map Number: 309.11-1-63 ZBA Meeting Date: July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Kurtis Thornquist. Applicant proposes a 6 ft privacy fence in front yard of corner lot of 105 ft in length. The existing home of 880 sq ft, porch areas of 330 sq ft, detached garage of 400 sq ft, and accessory structure of 140 sq ft are all to remain with no changes. Relief requested for fence location, height of fence, and type of fence. Relief Required: The applicant requests relief for fence location, height of fence, and type of fence to be installed in a portion of the front yard. The project site is 0.67 ac located in the Neighborhood Residential. Section 179-5-070 fence The fence is to be located on the front yard along Fourth Street including four sections. The sections are 15 ft, 50 ft, 15 ft, and a 20 ft section all to be 6 ft in height and privacy type. Fences of privacy of 6 ft in height are not allowed front yards. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: PER THE DRAFT PROVIDED BY STAFF 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 follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 39-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of July 2024 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 40-2024 Project Applicant: Morgan Gazetos Project Location: 2930 State Route 9L Parcel History: SP 42-2024; AV 25-2022; SP 35-2022; AV 85-2014; SP 72-2014; 2024-0107 SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: Applicant proposes to construct a 320 sf footprint garage with 320 sf storage above. Project work will be near and on the existing driveway area. Project includes installation of electric for lighting in the garage. The existing 1,306 sf home footprint and 1,262 sf deck/porch area to remain with no changes. Only site work at the garage location, no changes to the remaining site or shoreline area. Site plan for construction of a garage and new floor area in a CEA. Relief requested for height. Relief Required: The applicant requests relief for height for construction of a detached garage. The project site is on a 0.93 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR, 179-5-020 garage The proposed garage is to be 19 ft in the rear of the building where a 16 ft height is the maximum allowed for an accessory structure in a CEA. 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 possible to have a building height of 16 ft in height. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief is requested for 3 ft for height. 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. Staff comments: The applicant proposes to construct a detached garage of 320 sf with storage above. The plans show the location of the garage on the site. The plans include the elevation and open floor plan for the garage and storage area. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 `,4 t Dim of 0yeens ury Area Variance Resolution To: Approve / Disapprove Applicant Name: Morgan Gazetos File Number: AV 40-2024 Location: 2930 State Route 9L Tax Map Number: 239.20-1-19 ZBA Meeting Date: July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Morgan Gazetos. Applicant proposes to construct a 320 sq ft footprint garage with 320 sq ft storage above. Project work will be near and on the existing driveway area. Project includes installation of electric for lighting in the garage. The existing 1,306 sq ft home footprint and 1,262 sq ft deck/porch area to remain with no changes. Only site work at the garage location, no changes to the remaining site or shoreline area. Site plan for construction of a garage and new floor area in a CEA. Relief requested for height. Relief Required: The applicant requests relief for height for construction of a detached garage. The project site is on a 0.93 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR, 179-5-020 garage The proposed garage is to be 19 ft in the rear of the building where a 16 ft height is the maximum allowed for an accessory structure in a CEA. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: 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. 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 follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO.40-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of July 2024 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 42-2024 Project Applicant: Christopher Leonka Project Location: 29 Charlton Lane Parcel History: SUB (M) 6-2024; SUB 14-2005; 2024-0173 SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: Applicant proposes the construction of a 384 sq ft garage addition to an existing home of 1,926 sq ft with an existing 732 sq ft garage area that is included in the house footprint. The parcel is part of an approved subdivision that included a no cut buffer zone of 20 ft on the west and south property lines. Subdivision modification for work within the no -cut buffer zone. Relief requested for number of garage bays and size of garage. Relief Required: The applicant requests relief for number of garage bays and size of garage for a garage addition to an existing home. The project site is on a parcel of 0.55 ac in the Moderate Residential zone (SR1A Hayes &Hayes Subdivision) Section 179-5-020 garage The proposed garage is to have four bays where only three are allowed. In addition, the garage space is to be 1,116 sf where the maximum size is 1,100 sf. (Noting the side setbacks are 30 ft sum with a 10 ft minimum and the applicant proposes 13.81 ft — no side setback relief 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 to reduce the size of the garage. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for size of 16 sf and an additional bay. 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. Staff comments: The applicant proposes to construct 384 sf of a 4 bay garage addition to an existing home. The plans show the location of the existing home and the addition. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 � W.'sim u` bqw of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Christopher Leonka File Number: AV 42-2024 Location: 29 Charlton Lane Tax Map Number: 308.6-2-7 ZBA Meeting Date: July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Christopher Leonka. Applicant proposes the construction of a 384 sq ft garage addition to an existing home of 1,926 sq ft with an existing 732 sq ft garage area that is included in the house footprint. The parcel is part of an approved subdivision that included a no cut buffer zone of 20 ft on the west and south property lines. Subdivision modification for work within the no -cut buffer zone. Relief requested for number of garage bays and size of garage. Relief Required: The applicant requests relief for number of garage bays and size of garage for a garage addition to an existing home. The project site is on a parcel of 0.55 ac in the Moderate Residential zone (SR1A Hayes & Hayes Subdivision) Section 179-5-020 garage The proposed garage is to have four bays where only three are allowed. In addition, the garage space is to be 1,116 sf where the maximum size is 1,100 sf. (Noting the side setbacks are 30 ft sum with a 10 ft minimum and the applicant proposes 13.81 ft — no side setback relief is required). SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: PER THE DRAFT PROVIDED BY STAFF 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 follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO.42-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of July 2024 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 43-2024 Project Applicant: Barbara Schagen Project Location: 33 Honeysuckle Lane Parcel History: 2024-0208 SEQR Type: Type II Meeting Date: July 17, 2024 Description of Proposed Project: Applicant proposes to remove two deck additions, one of 240 sq ft and one of 160 sq ft and to construct two new decks in a similar location. The new decks are to be 288 sq ft and 160 sq ft with a foot bridge of 59.5 sq ft connecting the two decks. The existing 1,403 sq ft home is to remain unchanged with no other sitework. The parcel is a corner lot. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of two new deck sections. The project site is 0.182 ac located in the Waterfront Residential zone. Section 179-3-040 WR The new deck section of 240 sf is to be 26 ft from the Honeysuckle Lane side property line and 17 ft from the front property line. The new deck section of 160 sf is to be 13 ft from the Cherry Tree Lane side and 26 ft to Cherry Tree Lane where a 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 may be considered limited due to the location of the existing home on the parcel. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 4 ft to the Honeysuckle Lane side,13 ft to Honeysuckle Lane, 17 ft from the Cherry Tree Lane side, and 4 ft from Cherry Tree Lane. 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. The applicant proposes no changes to the existing conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to construct two new deck additions replacing the existing decks to an existing home. The decks are to be joined with a footbridge of 59.5 sf. The plans show the location of the addition and the elevations. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'rmn of 0geensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Barbara Schagen File Number: AV 43-2024 Location: 33 Honeysuckle Lane Tax Map Number: 226.19-1-52 ZBA Meeting Date: July 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Barbara Schagen. Applicant proposes to remove two deck additions, one of 240 sq ft and one of 160 sq ft and to construct two new decks in a similar location. The new decks are to be 288 sq ft and 160 sq ft with a foot bridge of 59.5 sq ft connecting the two decks. The existing 1,403 sq ft home is to remain unchanged with no other stework. The parcel is a corner lot. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of two new deck sections. The project site is 0.182 ac located in the Waterfront Residential zone. Section 179-3-040 WR The new deck section of 240 sf is to be 26 ft from the Honeysuckle Lane side property line and 17 ft from the front property line. The new deck section of 160 sf is to be 13 ft from the Cherry Tree Lane side and 26 ft to Cherry Tree Lane where a 30 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 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: PER THE DRAFT PROVIDED BY STAFF 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 follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 43-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of July 2024 by the following vote: AYES: NOES