Resolution & Compliance Letter 10.23.24s
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Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Today's Date: October 24, 2024
Compliance Letter
TO: Applicant Name: Terry Brown
Location: 402 Luzerne Rd.
Tax Map Number: 308.11-1-38.1 & 308.11-1-38.2
RR: File No. AV 53-2024
ATTENTION: Prior to commencing any site
work please read this letter.
Please call this office with any questions.
Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached). The
variance approval is valid for one (1) year from the date of approval. You may request an extension of approval before the one (1)
year time frame has expired. See section 179-14-090.
Additional requirements and review for this project shall include:
Please submit four (4) copies plus an electronic version of the ZBA approved plans to the Zoning Office for the Zoning
Administrator's approval - One (1) copy will be returned to you in order to be posted on the project site. Electronic versions
can be emailed to karend(_@queensbury.net. ""Copy Zoning Board Resolution onto the final approved plan. Please note
that it must be legible and copied onto the plans. A survey map must be submitted with the final plans."
Post Approval -Contact Heath Brown —Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre -construction meeting before any work is started, and at any time during the site development should any constraints,
concerns or questions arise. Mr. Brown will monitor the site development throughout the project for compliance with your
approval; however, see item 3;
Contact Heath Brown, Code Compliance Officer at 518-761-8268
Applicant may apply for a building pen -nit unless the proposed project requires review, approval or pen -nit from the
Adirondack Park Agency, Lake George Park Commission or other State agency or department.
As -built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final
sign -off from the Zoning Department and/or a Certificate of Occupancy —
If there are no modifications or changes from the approved plan provide a certification from the project designer.
If there are minor modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This may be, potentially, approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This will likely require re -approval by the Zoning Board.
Sincerely,
ON
Craig Brown
Director of Planning & Zoning
Zoning Administrator
CB/kd
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Area Variance Resolution To: Approve
Applicant Name: Terry Brown
File Number: AV 53-2024
Location: 402 Luzerne 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 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 .d..:..e.. ays on a .Meet.,- a d ;f let . ,i dth is loss than double lot width ,a
Relief Required:
The applicant requests relief for a second garage anal individual dt:i ,ew s en a ^Meet+ - road s let width is
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 gar -age will be aeoessed ffem the exisfing separate dr-iN�eway they wish to maintain w-h
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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:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because this is an existing shed and it's small.
2. Feasible alternatives have been considered by the Board, and are reasonable and have been included to
minimize the request.
3. The requested variance is not substantial. It's a small garage/shed on a large lot.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty may be considered self-created because the applicant put the shed there already and
it's existing.
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 53-
2024, Introduced by Robert Keenan, who moved for its adoption, seconded by John Henkel:
Duly adopted this 23rd Day of October 2024 by the following vote:
AYES: Mr. Kuhl, Mr. Urrico, Mr. Cipperly, Mr. Henkel, Mr. Keenan, Mr. Underwood, Mr. McCabe
NOES: NONE