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Minutes (Gazetos) 7.18.24(Queensbury ZBA Meeting 07/18/2024) 1 AREA VARIANCE NO. 40-2024 SEQRA TYPE TYPE II MORGAN GAZETOS AGENT(S) MORGAN GAZETOS OWNER(S) REV TRUST GREGORY FRANCIS AMD & RESTATE 2024 ZONING WR LOCATION 2930 STATE ROUTE 9L 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 GRAGE 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. CROSS REF SP 42-2024; AV 25-2022; SP 35-2022; AV 85-2014; SP 72-2024; 2024-0107 WARREN COUNTY PLANNING JULY 2024 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.92 ACRES TAX MAP NO. 239.20-1-19 SECTION 179-5-020; 179-3-040 MORGAN GAZETOS, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 40-2024, Morgan Gazetos, Meeting Date: July 17, 2024 “Project Location: 2930 State Route 9L 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 loca tion, 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. (Queensbury ZBA Meeting 07/18/2024) 2 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.” MR. GAZETOS-Good evening. Morgan Gazetos, Lake George Docks. The most basic project I’ve ever brought before you. Guy wants a little one car garage. He says when you come up to Dunham’s Bay, you come off the road, everybody’s got their parking area and then, down to the bottom, and so where do you put your snow blower? Where do you put your jet skis when you’re not using them? They’re not getting into that basement with anything that rolls, because I did the dock and boathouse and I hiked a lot of wood up and down the stairs. The problem with the lot is on the one flat spot, so it’s the worst driveway in America, like all of them over there. It comes down. He’s got this awful turnaround that you have to get the four wheel drive to get back up, and it just happens off one side to the north there’s this relatively flat spot tucked behind this big boulder or outcropping, and so when you go to do the second floor, the thing with storage is if you make the numbers weird, you make everything weird. So a standard driveway is seven by nine, that’s all the guys wants, but they need a foot of headroom above the door for the tracks and all that kind of stuff. Then I’ve got a foot of headroom for my framing, so it shortens the ceiling in outer area, and eventually you’re hitting your head. So if you’re ever in Ballston Spa and you want to see my garage, I did to make it perfect 16 feet, and it’s like six foot and a half inch, so it just catches me here, and so I talked to Laura about the problem and she said why don’t you just get a variance. It’s not unreasonable, and so that’s why in the pictures, anyway, it’s just, the hill tapers just enough, and you come to set the foundation, you want to be a foot above grade, and when you do that, you cut down your stubs, and that part’s fine, but I’m so nervous to try to hit it perfect. I don’t actually need all three feet. I’m going to end up being like 24 inches, 26 inches, but God forbid I ask for two feet and I’m 28 inches. I thought, nice round number. MR. MC CABE-Okay. Sounds good. So do we have any questions of the applicant? MR. HENKEL-I went on the lake and I also went down the road there but I couldn’t see it from the boat. MR. KUHL-Are you going to do water and electric? MR. GAZETOS-No water. Outlets on every wall, a couple of extra in the back power to his work bench. You know how it goes. MR. KUHL-Okay. MR. GAZETOS-Carriage lights probably on each side of the door, maybe one of those farm lights they love up above. MR. KUHL-Okay. (Queensbury ZBA Meeting 07/18/2024) 3 MR. MC CABE-So a public hearing has been advertised. So at this point I’m going to open the public hearing, see if there’s anybody in the audience that would like to address us on this particular project? Do we have anything written, Roy? PUBLIC HEARING OPENED MR. URRICO-No, but I forgot to read in that the Planning Board, based on its limited review, did not identify any significant adverse impacts that cannot be mitigated with the current project proposal, and that was adopted July 17th, 2024 by a unanimous vote. MR. MC CABE-Okay. So I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I’m going to poll the Board, and I’m going to start with John. MR. HENKEL-It definitely makes total sense. I would be on board. MR. MC CABE-Jim? MR. UNDERWOOD-I would approve as proposed. MR. MC CABE-Mary? MRS. PALACINO-I’d be in favor. MR. MC CABE-Bob? MR. KEENAN-I have no issues. MR. MC CABE-Roy? MR. URRICO-I’m in favor of the application. MR. MC CABE-Ron? MR. KUHL-I’m in favor of the applicant has presented. MR. MC CABE-And I support the project, too. What we’re giving up here is very little and it protects you. So with that in mind, I’m going to ask you to craft up a motion. MR. KUHL-Thank you, Mr. Chairman. 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: (Queensbury ZBA Meeting 07/18/2024) 4 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 Thursday, July 18, 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: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because the garage is located well within the property. 2. Feasible alternatives have been considered by the Board, are reasonable and have been included to minimize the request. 3. The requested variance is not substantial because the additional 3 feet being requested may not be used but is being requested to err on the side of caution. 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. 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. 40-2024 MORGAN GAZETOS, Introduced by Ronald Kuhl, who moved for its adoption, seconded by Mary Palacino. Duly adopted this 18th Day of July 2024 by the following vote: AYES: Mrs. Palacino, Mr. Kuhl, Mr. Underwood, Mr. Keenan, Mr. Urrico, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. Cipperly (Queensbury ZBA Meeting 07/18/2024) 5 MR. MC CABE-Congratulations, you have a project. MR. GAZETOS-Thank you all very much.