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Minutes (Schagen) 7.18.24(Queensbury ZBA Meeting 07/18/2024) 1 AREA VARIANCE NO. 43-2024 SEQRA TYPE TYPE II BARBARA SCHAGEN OWNER(S) KURT & BARBARA SCHAGEN ZONING WR LOCATION 33 HONEYSUCKLE LANE 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. CROSS REF 2024-0208 WARREN COUNTY PLANNING JULY 2024 LOT SIZE 0.19 ACRES TAX MAP NO. 226.19-1-52 SECTION 179-3-040; 179-4-080 KURT SCHAGEN, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 43-2024, Barbara Schagen, Meeting Date: July 17, 2024 “Project Location: 33 Honeysuckle Lane 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. (Queensbury ZBA Meeting 07/18/2024) 2 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.” MR. SCHAGEN-I’m Kurt Schagen. I’m owner with my wife Barbara. So we bought the house in August of last year. The decks needed to be replaced. They were not constructed properly to begin with, and on top of it they were beginning to fall apart and rotting. So they needed to be replaced. They also support doorways that are eight feet, well, I didn’t actually measure it, but they’re eight feet plus. So each deck has a door that goes out from the inside of the house, one from the mudroom and one from the family room. So there needs to be something there, otherwise there’s just a drop off. We essentially are doing what’s there. The only difference was the back deck which is the smaller deck had a staircase that goes to the backyard. We didn’t see the need for that. We have no reason to go from that deck to the backyard. So we decided to create a footbridge. So you can see where it says footbridge in yellow. We’re going to connect the decks. Instead of having the staircase that came off pretty much in the same spot, actually to the side of the deck towards the house. So that’s going to be gone, and then there’ll be a footbridge that’ll connect to. We did extend it out a little bit, like two feet of what the front deck was only 10 f eet by 24. We’re proposing 12 feet, only because the construction of the other one was such that it kind of stopped at the joist. The only thing also I wanted to clarify with actually Laura is that the steps you see in the front. So the deck is 18 feet, just like kind of the front of the house to the property line. Then there’s the steps, and it says 17 feet which I’m not sure where the 17 actually came from. MRS. MOORE-But there was at least a notation of steps. MR. SCHAGEN-So the contractor said, three feet, which if you look at the picture of the house, with the deck that’s there, that’s what’s there, that’s currently steps coming off the front of it, deck, onto a cement pad that’s already there. So it’s not really changed, but it’s actually I guess technically 15 feet not 18 feet. MR. MC CABE-So do we have questions of the applicant? MR. HENKEL-Okay. So what’s existing now is coming off. MRS. MOORE-Just the deck pieces, the decks. The decks are coming off. The stairs are staying. The stairs that are on the Honeysuckle side. MR. HENKEL-But the wood that I saw that’s all cupped and stuff, that’s all coming off. Right? Because there’s wood that’s up there now. MR. SCHAGEN-The pressure treated that’s up there? MR. HENKEL-Yes, it’s all cupped. I mean how are you going to put? MR. SCHAGEN-Yes, I know. MR. HENKEL-Okay. Because I didn’t know, it’s all cupped. You’re not going to get a nice flat decking on that. (Queensbury ZBA Meeting 07/18/2024) 3 MR. SCHAGEN-Yes. MR. HENKEL-So I thought that was coming off. MR. SCHAGEN-Okay. MR. MC CABE-Other questions? So a public hearing has been advertised. So at this particular time I’m going to open the public hearing and do you have anything to add to this project? Roy, do we have anything written? PUBLIC HEARING OPENED MR. URRICO-No, there’s no written comment. MR. MC CABE-So I’m going to close the public hearing, and I’m going to poll the Board, and I’m going to start with Bob. MR. KEENAN-I think you’re in general replacing what’s already there that’s existing, although you’re adding the bridge. I don’t think I have any issues with the project. MR. MC CABE-Mary? MRS. PALACINO-I have no issues with the project. MR. MC CABE-Jim? MR. UNDERWOOD-It’s a replacement, and I think having a land bridge will help you to defend the castle better. MR. MC CABE-John? MR. HENKEL-It makes sense, yes. MR. MC CABE-Ron? MR. KUHL-I have no issue with this project. It amazes me that when you go like to like to replace it that you’ve got to come and spend the money, but. I have no problem with the application. MR. MC CABE-Roy? MR. URRICO-I’m in favor of the project. MR. MC CABE-And I, too, support the project. It’s perfectly reasonable. You can’t have decks that are falling apart. So, with that in mind, Jim, I wonder if you could give us a motion here. 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 sitework. The parcel is a corner lot. Relief is requested for setbacks. (Queensbury ZBA Meeting 07/18/2024) 4 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 15 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 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 there are few alterations. 2. Feasible alternatives have been considered by the Board and are not possible given the configuration of the lot. 3. The requested variance is not substantial. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty is not self-created because of the lot configuration. 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. 43-2024 BARBARA SCHAGEN, Introduced by James Underwood, who moved for its adoption, seconded by Michael McCabe. Duly adopted this 18th Day of July 2024 by the following vote: AYES: Mr. Keenan, Mr. Urrico, Mr. Henkel, Mrs. Palacino, Mr. Kuhl, Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. Cipperly (Queensbury ZBA Meeting 07/18/2024) 5 MR. MC CABE-Congratulations, you have a project. MR. SCHAGEN-Thank you.