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Staff NotesStaff Notes October 23, 2024 Administrative Item: Overview of Cannabis Zoning Code 7:00-7:15 pm New Business: AV 5 3 -2 024 Terry Brown AV 54-2024 Eric McMahon & Megan McMahon AV 55-2024 Mack Jones AV 57-2024 Dave & Shannan Carroll AV 5 8-2024 Randy Savage Queensbury Zoning Board of Appeals Agenda Meeting: October 23, 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 Item: Overview of Cannabis Zoning Code 7:00-7:15 pm NEW BUSINESS: Applicant(s) Terry Brown Area Variance Number AV 53-2024 Owner(s) Terry Brown SEQRA Type Type II A ent s Van Dusen & Steves Lot Size 2.83 ac 38.1 ; 2.5 ac 38.2 Location & Ward 402 Luzerne Rd. Ward 4 Zoning MDR Tax Id No 308.11-1-38.1 & 308.11-1-38.2 Section 179-5-020; 179-3-040; 179-19-020 Cross Ref n/a Warren County Planning n/a Public Hearing October 23, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a second garage of 273 sq ft and a lot line adjustment to parcel 308.11-1-38.2 to increase to 2.69 ac from 2.5 ac +/-. The adjoining lot 308.11-1-38.1 will be reduced to 2.64 ac from 2.83 ac. The lot line adjustment and the location of the second garage meet the requirements of the zone. Relief requested for a second garage and individual driveways on a collector road if lot width is less than double lot width required. Applicant(s) Eric McMahon & Megan McMahon Area Variance Number AV 54-2024 Owner(s) Eric McMahon & Megan McMahon SEQRA Type Type II Agent(s) Gary Hughes Lot Size 0.52 acres Location & Ward 2 Mohawk Trail Ward 3 Zoning MDR Tax Id No 301.13-1-55 Section 179-3-040 Cross Ref 2024-0062 Warren County Planning n/a Public Hearing October 23, 2024 Adirondack Park Agency n/a Project Description: Applicant has updated the existing home with a kitchen on the main floor and one in the basement. The project includes installing 2 window access wells for the living area in the basement. The request is to maintain 2 dwellings due to the kitchens. The existing home is 2582 sf footprint and 550 sf footprint of porch deck areas. Relief requested for 2 dwellings in the MDR zone with property size of 0.51 ac less than 2 ac with on site septic & municipal water. Applicant(s) Mack Jones Area Variance Number AV 55-2024 Owner(s) Mack Jones SEQRA Type Type II Agents Van Dusen & Steves Matt Webster Lot Size 0.7 acres Location & Ward 103 McCormack Dr. Ward 1 Zoning MDR Tax Id No 288.16-1-52 Section 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearing October 23, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install a 224 sq ft shed on a .070 acre parcel with a door width of 6 ft. The existing home of 2,587 sq ft footprint is to remain with no changes. The home has an existing 576 sq ft attached garage that is part of the existing footprint. There are no other site changes proposed. Relief for setbacks where a rear setback of 15 ft is proposed and 30 ft is required, and relief for a second garage due to door width. Applicant(s) Dave & Sharman Carroll Area Variance Number AV 57-2024 Owner(s) Dave & 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 AV 37-2024; SP 37-2024; SP 55-89 Warren County Planning October 2024 Public Hearing October 23, 2024 Adirondack Park Agency ALD Proiect Description: Applicant proposes demolition of existing garage of 1,322 sq ft to replace with a new garage with the same footprint and an upper level of 548 sq ft. The overall floor area is being reduced for the entire home where existing is 7,980 sq ft and proposed is 7,812 sq ft. The project was part of a recent approval and, upon building inspection, it was discovered that the foundation was not suitable for original project. The garage will be rebuilt in the same footprint as the 2024 project plans and with the upper level construction as well. Relief for setbacks and garage size. Queensbury Zoning Board of Appeals Agenda Meeting: October 23, 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) Randy Savage Area Variance Number AV 58-2024 Owner(s) Randy Savage SEQRA Type Type II Agent(s) n/a Lot Size 0.88 acres Location & Ward 303 Aviation Rd. Ward 3 Zoning MDR Tax Id No 301.7-2-4 Section 179-3-040; 179-5-020 Cross Ref AV 60-2011; AV 41-2011 Warren County Planning n/a Public Hearing October 23, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 157.3 sq ft covered patio roof addition to an existing 342.4 sq ft shed. The project site has an existing 1568 sq ft home and a 600 sq ft temporary garage that are to remain. The proposed covered patio area is adjacent to the pool and will replace a pop-up canopy. The covered patio will also better handle the rain. There are no other changes to the site. Relief requested for setback. 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\October 23, 2024\ZBA Final Agenda October 23, 2024 (REVISED 10.9.24).docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 53-2024 Project Applicant: Terry Brown Project Location: 402 Luzerne Road Parcel History: n/a SEQR Type: Type II Meeting Date: October 23, 2024 Description of Proposed Project: Applicant proposes a second garage of 273 sq ft and a lot line adjustment to parcel 308.11-1-38.2 to increase to 2.69 ac from 2.5 ac +/-. The adjoining lot 308.11-1-38.1 will be reduced to 2.64 ac from 2.83 ac. The lot line adjustment and the location of the second garage meet the requirements of the zone. Relief requested for a second garage and individual driveways on a collector road if lot width is less than double lot width required. Relief Required: The applicant requests relief for a second garage and individual driveways on a collector road as lot width is less than double lot width required. The project site is located in the Moderate Density Residential zone. Section 179-5-020 garage and 179-3-040 dimensional Parcel 308.11-1-38.2 proposes a new detached garage to be 273 sq ft and to maintain the existing garage in the home. The new garage will be accessed from the existing separate driveway they wish to maintain where Luzerne Road as a collector road in the MDR zone required the driveways to be merged. 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 amend the driveway and or add an addition to the existing garage. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is for a second garage and to maintain a separate driveway. 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 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 a 273 sq ft detached garage and to maintain an existing separate driveway on Luzerne Road. The plans show the garage to be installed near the driveway and the survey shows the existing and proposed conditions. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Dwr of C-ueensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Terry Brown File Number: AV 53-2024 Location: 402 Luzern Road Tax Map Number: 308.11-1-38.1 & 308.11-1-38.2 ZBA Meeting Date: October 23, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Terry Brown. Applicant proposes a second garage of 273 sq ft and a lot line adjustment to parcel 308.11-1-38.2 to increase to 2.69 ac from 2.5 ac +/-. The adjoining lot 308.11-1-38.1 will be reduced to 264 ac from 2.83 ac. The lot line adjustment and the location of the second garage meet the requirements of the zone. Relief requested for a second garage and individual driveways on a collector road if lot width is less than double lot width required. Relief Required: The applicant requests relief for a second garage and individual driveways on a collector road as lot width is less than double lot width required. The project site is located in the Moderate Density Residential zone. Section 179-5-020 garage and 179-3-040 dimensional Parcel 308.11-1-38.2 proposes a new detached garage to be 273 sq ft and to maintain the existing garage in the home. The new garage will be accessed from the existing separate driveway they wish to maintain where Luzerne Road as a collector road in the MDR zone required the driveways to be merged. SEQR Type II - no further review required; A public hearing was advertised and held on October 23, 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 led 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. 53-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 23"d Day of October 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 54-2024 Project Applicant: Eric McMahon & Megan McMahon Project Location: Parcel History: SEQR Type: Meeting Date: 2 Mohawk Trail 2024-0062 Type II October 23, 2024 Description of Proposed Project: Applicant has updated the existing home with a kitchen on the main floor and one in the basement. The project includes installing 2 window access wells for the living area in the basement. The request is to maintain 2 dwellings due to the kitchens. The existing home is 2582 sf footprint and 550 sf footprint of porch deck areas. Relief requested for 2 dwellings in the MDR zone with property size of 0.51 ac (less than 2 ac) with onsite septic & municipal water. Relief Required: The applicant requests relief for 2 dwellings in the MDR zone with property size of 0.51 ac. Section 179-3-040 dimensional The applicant has installed a kitchen on the main floor and in the basement area; the two-family dwelling is located on a 0.51 ac parcel 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. 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 remove one of the kitchens. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief is for the lot size 1.49 ac. 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 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 to maintain a 2- family dwelling due to the two kitchens currently installed in the home. The plans show the kitchen areas for each unit. The applicant has recently installed window wells for access as required by building and codes. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bgn of Q_ycensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Eric McMahon & Megan McMahon File Number: AV 54-2024 Location: 2 Mohawk Trail Tax Map Number: 301.13-1-55 ZBA Meeting Date: October 23, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Eric McMahon & Megan McMahon. Applicant has updated the existing home with a kitchen on the main floor and one in the basement. The project includes installing 2 window access wells for the living area in the basement. The request is to maintain 2 dwellings due to the kitchens. The existing home is 2582 sq ft footprint and 550 sq ft footprint of porch deck areas. Relief requested for 2 dwellings in the MDR zone with property size of 0.51 ac (less than 2 ac) with onsite septic & municipal water. Relief Required: The applicant requests relief for 2 dwellings in the MDR zone with property size of 0.51 ac. Section 179-3-040 dimensional The applicant has installed a kitchen on the main floor and in the basement area; the two-family dwelling is located on a 0.51 ac parcel where 2 ac is required. SEQR Type II — no further review required; A public hearing was advertised and held on October 23, 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. 54-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 2311 Day of October 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 55-2024 Project Applicant: Mack Jones Project Location: 103 McCormack Drive Parcel History: n/a SEQR Type: Type II Meeting Date: October 23, 2024 Description of Proposed Project: Applicant proposes to install a 224 sq ft shed on a .070 acre parcel with a door width of 6 ft. The existing home of 2,587 sq ft footprint is to remain with no changes. The home has an existing 576 sq ft attached garage that is part of the existing footprint. There are no other site changes proposed. Relief for setbacks where a rear setback of 15 ft is proposed and 30 ft is required, and relief for a second garage due to door width. Relief Required: The applicant requests relief for setbacks and relief for a second garage due to door width. Section 179-5-020- accessory structure & Section 179-3-040 dimensional The proposed shed is to be 224 sf and is considered a garage do to the width of the door. The shed is to be 15 ft setback where 30 ft is required. Relief is also required for a second garage. 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 locate the building 30 ft from the rear property line. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief is requested for a second garage where only one is allowed. Rear setback relief of 15 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 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 place a 224 sf building in the rear of the property. The floor plans show the building area to be an open floor plan. The applicant intends to store lawn equipment and other associated items. The survey shows the location of the shed on the property. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Dim of Q_ueensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Mack Jones File Number: AV 55-2024 Location: 103 McCormack Drive Tax Map Number: 288.16-1-52 ZBA Meeting Date: October 23, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Mack Jones. Applicant proposes to install a 224 sq ft shed on a .070 acre parcel with a door width of 6 ft. The existing home of 2,587 sq ft footprint is to remain with no changes. The home has an existing 576 sq ft attached garage that is part of the existing footprint. There are no other site changes proposed. Relief for setbacks where a rear setback of 15 ft is proposed and 30 ft is required, and relief fora second garage due to door width. Relief Required: The applicant requests relief for setbacks and relief for a second garage due to door width. Section 179-5-020- accessory structure & Section 179-3-040 dimensional The proposed shed is to be 224 sq ft and is considered a garage do to the width of the door. The shed is to be 15 ft setback where 30 ft is required. Relief is also required for second garage. SEQR Type II — no further review required; A public hearing was advertised and held on October 23, 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. NO. 55-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 23rd Day of October 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 57-2024 Project Applicant: Dave & Shannan Carroll Project Location: 21 Heron Hollow Road Parcel History: AV 37-2024; SP 37-2024; SP 55-89 SEQR Type: Type II Meeting Date: October 23, 2024 Description of Proposed Project: Applicant proposes demolition of existing garage of 1,322 sq ft to replace with a new garage with the same footprint and an upper level of 548 sq ft. The overall floor area is being reduced for the entire home where existing is 7,980 sq ft and proposed is 7,812 sq ft. The project was part of a recent approval and, upon building inspection, it was discovered that the foundation was not suitable for original project. The garage will be rebuilt in the same footprint as the 2024 project plans and with the upper level construction as well. Relief for setbacks and garage size. Relief Required: The applicant requests relief for setbacks and garage size for the construction of a new garage as existing garage is not suitable for previously approved project. Section 179-5-020 garaize, Section 179-3-040 dimensional The new garage is to be 1,322 sf and the maximum allowed is 1,100 sf. The garage is to be located 15.3 ft from the front setback 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. The proposed project may be considered to have minimal impact on the character of the neighborhood and nearby 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. Feasible alternatives may be considered limited due to the existing house location. The garage may be reduced in size to be compliant. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for front setback 14.7 ft and garage size is 222 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 relief requested may be considered to have minimal environmental or physical impact on the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may, be considered self-created. Staff comments: The project is for the removal of an existing garage and construction of a new garage. The project is part of a house renovation that received approvals for site plan and variance. The new garage would be in the same location as the previous. The plans show the location of the existing and proposed. The project includes removal of floor area on the main level and modifying the floor area on the partial second floor. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 btin of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Dave & Sharman Carroll File Number: AV 57-2024 Location: 21 Heron Hollow Road Tax Map Number: 227.17-1-5 ZBA Meeting Date: October 23, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Dave & Shannan Carroll. Applicant proposes demolition of existing garage of 1,322 sq ft to replace with a new garage with the same footprint and an upper level of 548 sq ft. The overall floor area is being reduced for the entire home where existing is 7,980 sq ft and proposed is 7,812 sq ft. The project was part of a recent approval and, upon building inspection, it was discovered that the foundation was not suitable for original project. The garage will be rebuilt in the same footprint as the 2024 project plans and with the upper level construction as well. Relief for setbacks and garage size. Relief Required: The applicant requests relief for setbacks and garage size for the construction of a new garage as existing garage is not suitable for previously approved project. Section 179-5-020 garage, Section 179-3-040 dimensional The new garage is to be 1,322 sq ft and the maximum allowed is 1,100 sq ft. The garage is to be located 15.3 ft from the front setback where a 30 ft setback is required SEQR Type II — no further review required; A public hearing was advertised and held on October 23, 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. 57-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 2311 Day of October 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 58-2024 Project Applicant: Randy Savage Project Location: 303 Aviation Road Parcel History: AV 60-2011; AV 41-2011 SEQR Type: Type II Meeting Date: October 23, 2024 Description of Proposed Project: Applicant proposes a 157.3 sq ft covered patio roof addition to an existing 342.4 sq ft shed. The project site has an existing 1,568 sq ft home and a 600 sq ft temporary garage that are to remain. The proposed covered patio area is adjacent to the pool and will replace a pop-up canopy. The covered patio will also better handle the rain. There are no other changes to the site. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a roof addition for a covered patio to an existing shed. Section 179-5-020 shed & Section 179-3-040 Dimensional The new roof will be 14.1 ft from the side property line where a 25 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 appear limited as the existing shed received similar variance for a setback. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is 10.9 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 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 a covered patio roof addition to an existing shed. The applicant has indicated there is portable canopy in this area and they would like a permanent structure to enjoy the pool. The survey shows the existing shed and photos of the existing canopy arrangement. The plans show the roof addition. Record of Resolution Zoning Board of Appeals — r Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 %b44n of QueensbU17 Area Variance Resolution To: Approve / Disapprove Applicant Name: Randy Savage File Number: AV 58-2024 Location: 303 Aviation Road Tax Map Number: 301.7-2-4 ZBA Meeting Date: October 23, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Randy Savage. Applicant proposes a 157.3 sq ft covered patio roof addition to an existing 342.4 sq ft shed. The project site has an existing 1,568 sq ft home and a 600 sq ft temporary garage that are to remain. The proposed covered patio area is adjacent to the pool and will replace a pop-up canopy. The covered patio will also better handle the rain. There are no other changes to the site. Relief requested for setbacks. Relief Required] - The applicant requests relief for setbacks for the construction of a roof addition for a covered patio to an existing shed. Section 179-5-020 shed & Section 179-3-040 Dimensional The new roof will be 14.1 ft from the side property line where a 25 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on October 23, 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. 58-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 23ra Day of October 2024 by the following vote: AYES: NOES: