Resolution & Compliance Letter 12.18.24z
bim c(Quecnsbury
Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Today's Date: December 19, 2024
Compliance Letter
TO: Applicant Name: Robert Miksch
Location: 3 June Dr.
Tax Map Number: 302.5-1-35
RE: File No. AV 73-2024
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 karendp_ ueensbua.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 permit unless the proposed project requires review, approval or permit 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,
Bruce Frank
Acting Zoning Administrator
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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: Robert Miksch
File Number: AV 73-2024
Location: 3 June Dr.
Tax Map Number: 302.5-1-35
ZBA Meeting Date: December 18, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Robert Miksch.
Applicant proposes to construct a 326 sq ft covered patio off of the existing garage and to request a 190 sq ft
shed to remain in a non -compliant location on the parcel. The existing home is 1,769 sq ft footprint with the
garage attached. The concrete pad is existing where the new roof addition is proposed. Relief requested for
setbacks of new covered patio and existing shed.
Relief Required:
The applicant requests relief for
SEQR Type II — no further review required;
A public hearing was advertised and held on December 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:
There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because the applicant is simply covering an already existing patio with a roof and leaving the shed where it
is.
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 shed has been existing there for some time.
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 they're trying to cover the concrete patio and
they're not moving the shed.
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. 73-
2024, Introduced by James Underwood, who moved for its adoption, seconded by Mary Palacino:
Duly adopted this 18" Day of December 2024 by the following vote:
AYES: Mrs. Palacino, Mr. Keenan, Mr. McDevitt, Mr. Cipperly, Mr. Urrico, Mr. Underwood
NOES: NONE
ABSENT: Mr. Henkel, Mr. Kuhl, Mr. McCabe