Application & Deed
Hutchins Engineering, PLLC
Thomas Center JR., P.E. tcenter@hutchinsengineering.com
169 Haviland Road
Queensbury, NY 12804
Phone: (518) 745-0307
Fax: (518) 745-0308
November 18, 2024
Zoning Board of Appeals
Town of Queensbury
742 Bay Road
Queensbury NY 12804
Re: Area Variance for Robert Miksch. – 3 June Drive
Dear Zoning Board of Appeals Members:
This office represents Robert Miksch with respect to his proposed construction of a 326 sf canopy
over an existing concrete patio 21.0’ from the south property line in lieu of the required 25’
minimum setback and for an after the fact request for placing a 190 sf shed 17.5 ft from the east
property line in lieu of the required 30 ft minimum rear setback for sheds greater than 100 sf.
The existing parcel is 0.35 acres (15,234 sf) and is in an older NYS DOH approved subdivision
named Hill Crest Subdivision. The original subdivision precedes Town of Queensbury zoning
regulations and the subdivision plans only show a front setback requirement with no setbacks for
side or rear listed. As per past practice the Zoning Administrator has required new construction
to meet the MDR setback regulations if the approved subdivision plans do not provide for
setbacks. Only a small southern portion of the canopy will be over the 25 ft side setback line and
the existing garage is 13.5’ from the south side setback.
We are requesting a waiver from stormwater management for the canopy and the shed
impervious area. We have evaluated the soils on the site when we prepared a previous
replacement septic system and they are deep well drained sands consistent with the soils
information in the approved subdivision plans. The current stormwater from the existing patio and
shed are managed in the lawn area and the parcel is flat with no obvious runoff channeling that
would affect the adjacent landowners.
On behalf of owner/applicant we look forward to discussing this project at the next available
Zoning Board of Appeals meeting.
Please contact me if you have any questions or if you require additional information.
Best Regards,
Thomas Center Jr., P.E.
Area Variance [ZBA approved: 1RYHPEHU ]
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Detailed Description of Project [include current & proposed use]:
Location of Project: _______________________________________________________________
Applicant Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent’s Name:Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner’s Name Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
302.5-1-35
MDR
Applicant proposes to construct a 326 sf canopy over an ex. patio off the east side of the existing garage 21.0' from the south
property line where 25 ft setback is required. The existing house is 1769 sf. Applicant requests to allow a 190 sq. ft. shed to
remain in the South-easterly corner of the parcel 17.5' from the rear property line where 30' setback is required. Shed is used for
storage. Parcel is in an existing non-conforming subdivision but is required to meet MDR setback requirements.
3 June Drive, Queensbury, NY 12804
Robert Miksch 3 June Drive
(518) 792-7153 Queensbury, NY, 12804
(518) 761-3822 (518) 361-3501
vehicleupfitters@gmail.com N/A
Hutchins Engineering PLLC 169 Haviland Road
N/A Queensbury, NY, 12804
(518) 745-0307 N/A
TCENTER@HUTCHINSENGINEERING
.COM N/A
Robert Miksch 3 June Drive
(518) 792-7153
QUEENSBURY,NY 12804
(518) 761-3822 (518) 361-3501
vehicleupfitters@gmail.com N/A
Area Variance [ZBA approved: 1RYHPEHU ]
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. ft.
Total sq. ft.
A. Building footprint
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
E. Porches / Decks
F. Other
G. Total Non-Permeable [Add A-F]
H. Parcel Area [43,560 sq. ft. / acre]
I. Percentage of Impermeable Area of Site [I=G/H]
Setback Requirements
Area Required Existing Proposed
Front Yard [1]
Front Yard [2]
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximum]
Permeability
Number of parking spaces
Page 2
1,769 0 1,769
000
0 190 190
790.8 0 790.8
49.7 326 375.7
1,548.9 (326) 1222.9
4,158.4 190 4,348.4
15,234.0 15,234.0 15,234.0
27.3% 1.2% 28.5%
30' 39.0' 39.0'
N/A N/A N/A
N/A N/A N/A
25' 23.5' 23.5'
25' 13.5' 13.5'(HSE) 21' TO (CNPY)
30' 56.0' 17.5' (SHED)
N/A N/A N/A
N/A N/A N/A
40'
50% Minimum 72.7 % 71.5%
222
CONCRETE WALKS & PATIOS
Area Variance [ZBA approved: 1RYHPEHU ]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? _______________
2. If the parcel has previous approvals, list application number(s): _________________________
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? __ Yes / __ No
4. Estimated project duration: Start Date: __________ End Date: __________
5. Estimated total cost of project: _______________
6. Total area of land disturbance for project: _______________
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor
area by the lot size in square feet, yielding a percentage.
Zoning District Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial Moderate / Commercial
Intensive
CM / CI 0.3
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See “FLOOR AREA RATIO”).
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
Parcel Area ___________________________ sq. ft.
Existing Floor Area ___________________________ sq. ft. [see above definition]
Proposed Additional Floor Area ___________________________ sq. ft.
Proposed Total Floor Area ___________________________ sq. ft.
Total Allowable Floor Area ___________________________ (Area x _____) [see above table]
Page 3
no
12/2024 01/2025
$25,000.00
190 sq.ft.
X
Area Variance [ZBA approved: 1RYHPEHU ]
Compliance with Zoning Ordinance
Requesting relief from SECTION: ________________________________
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply]
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
3. Whether the requested area variance is substantial?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. Whether the alleged difficulty was self-created?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Page 4
179-3-040MDR, 179-4-080 CANOPIES & 179-5-020 SHED
No, the main house is 13.5 ft from the south property line and the requested porch roof would be 21 ft from the south
property line which has an evergreen buffer between the proposed porch roof and the south property line.
No,The parcel is existing, nonconforming, subdivision developed before Town of Queensbury Zoning Code. The current
MDR regulations have minimum lot sizes of 2 acres where served by public water and private sewer. The existing lot is only
0.35 acres .
No, the requested area takes up no more than 1.2% of the lot.
No, the proposed Covered Patio and Shed will have no notable impact environmental conditions as Impervious Area is only
increased by 1.2%.
Yes, note that applicants' lot was developed prior to the creation to the Town of Queensbury Zoning Code.
✔
Area Variance [ZBA approved: 1RYHPEHU @
Section 179-14-030
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s) – a survey showing existing conditions, a proposed conditions map (see page 00 for
specific criteria) and include any other attachments that address A - D as applicable to the proposed project.
A.General Shown on Sheet #
1 Title, Name, Address of applicant & person responsible for preparation of drawing
2 Deed
3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
4 Boundaries of the property plotted to scale, zoning boundary
5 Principal structures, accessory structures with exterior dimensions
6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
7 Setbacks for all structures and improvements: existing & proposed
8 Elevations and floor plans of all proposed and affected structures
B.Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic
3 Separation distances for proposed sewage disposal system to well and water bodies
4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private
water, location, design and construction of water supply including daily water usage
5 Percolation test location and results
C.Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing &
proposed
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel, paved]
3 Provision for pedestrian and handicap access and parking: existing & proposed
4 Design details of ingress, egress, loading areas and cutting: existing & proposed
5 Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
6 Lighting, location and design of all existing and proposed outdoor lighting
D.Additional Site Development and Miscellaneous Shown on Sheet #
1 On-site & adjacent watercourses, streams, rivers, lake and wetlands
2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed
3 Location, design and construction details of all existing and proposed site improvements
including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc.
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existing & proposed
5 Signage: Location, size, type, design and setback: existing & proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items
7 Commercial / Industrial Development requires submission of Landscaping, Stormwater
Management, Grading & Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
Page 5
S1
ATTACH
S1
S1
S1
S1
S1
S1
NA
NA
NA
S1
NA
NA
NA
NA
NA
S1
NA
NA
NA
S1
S1
NA
NA
NA
NA
Area Variance Pre-Submission Conference Form / Section 179-9-040
1. Applicant Name: __________________________________________________
2. Tax Map ID ________________Location:_______________________
3. Zoning Classification __________
4. Reason for Review: __________________________________________________________
5. Zoning Section #: ________________________
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed ____ _____________
General Information complete ____ _____________
Site Development Data Complete ____ _____________
Setback Requirements Complete ____ _____________
Additional Project Information Complete ____ _____________
FAR addressed ____ _____________
Compliance with Zoning Ordinance ____ _____________
Checklist items addressed ____ _____________
Environmental Form completed ____ _____________
Signature Page completed ____ _____________
Staff Representative: ________________________________
Applicant / Agent: ________________________________ Date: ___________
Page 6
Robert Miksch rev2
302.5-1-35 3 June Drive
MDR 0.35ac
Applicant proposes to construct a 326 sf covered patio off of the existing garage and to request a 190 sf shed to remain in a noncompliant location on the
parcel. The existing home is 1,769 sf footprint with the garage attached. The concrete pad is existing where the new roof addition is proposed
179-3-040 MDR, 179-5-020 shed, 179-4-080 canopies
X
X
X
X
NA
X
NA
permeability needs to be updated
also add179-5-020 sheds
do not include the EAF
X
Laura Moore via email 11/18/2024
Tom Center via email 11/15/2024 11/18/2024
The applicant proposes to construct a 326 sf covered patio off of the existing garage and to request a 190
sf shed to remain in a non-compliant location on the parcel. The existing home is 1,769 sf footprint with
the garage attached. The concrete pad is existing where the new roof addition is proposed. Area Variance
for the new covered patio where 21 ft is proposed and 25 ft is required on the side setback, relief needed
for the placement of 190 sf shed where 17.5 ft is proposed and 30 ft is required for the rear setback.
Items reviewed -area variance application, site plan with view of covered porch
Items to be updated or provided
1) page 1 add email information for agency (incomplete with just the @ symbol)
2) page 2 permeability data needs to be updated -shouldn't be the same as impermeable
3) page 4 should include sections 179-3-040MDR, 179-4-080 canopies & 179-5-020 sheds
4) how is stormwater management being handled for the concrete patio, new roof area and the shed?
5) the site plan label indicates "wastewater system plan" - label should be updated.
6) remove EAF
7) signature page