ZBA Staff Notes for December 16, 2015 Staff Notes
ZBA Meeting
Wednesday, December 16, 2015
@7pm
Queensbury Zoningr e Is Agenda
Meeting: Wednesday, December 16, 2015 Time: 7:00- 11:00 pm
Queensbury Activities Center-742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Approval of meeting minutes: November 18, 2015
OLD BUSINESS:
Applicant(s) Burnett Family Trust Area Variance No 51-2015
PZ-0021-2015
Owner(s) Burnett Family Trust&Estate SEQRA Type II
David Burnett
Agent(s) Thomas R.Knapp, Esq.Stafford, Lot Size 1.32 Acre(s)
Carr, McNally
Location 11 Andrew Drive—Ward 1 Zoning WR
Ward No.
Tax Id No 239.18-1-12 Section 179-4-050;
179-3-040
Cross Ref SB 8-2015; BP 2004-677 Dock Warren County Planning September 2015
Public Hearing September 16,2015,November Adirondack Park Agency ALD
18,2015;December 16,2015
Project Description Applicant proposes a 2-lot subdivision;lot size 28,639 sq.ft. Lot A and 28,754 sq.ft.Lot B;no changes to
existing homes or features,driveway. Relief requested from minimum road frontage,water frontage, lot width
requirements,and lot A for not having physical road frontage. Also,relief is requested from minimum lot size,property line
setbacks for the WR zoning district. Subdivision approval is required for the creation of two lots from the one parent lot.
NEW BUSINESS:
Applicant(s) Robert&Renee Little(Trustees) Area Variance No PZ-0031-2015
Owner(s) Robert&Renee Little Revocable SEQRA Type II
Trust
Agent(s) Phinney Design Group,Hutchins Lot Size 0.30 Acre(s)
Engineering, Little&O'Connor
Location 20 Pioneer Point Zoning WR
Ward No. Ward 1
Tax Id No 289.14-1-19 Section 179-3-040
Cross Ref PZ-0032-2015 Site Plan Review; Warren County Planning n/a
TBOH Septic Variance 7-2015
Public Hearing December 16,2015 Adirondack Park Agency n/a
Project Description Applicant proposes demolition of existing 1,305 sq.ft.single-family dwelling and construction of a new
1,730 sq.ft.single-family dwelling with main floor and basement(2,975 sq.ft.floor area). Relief requested from minimum
setback,permeability requirements, maximum allowable Floor Area Ratio(FAR),and from minimum frontage on a public
highway for the WR zoning district. Project includes new well,tie-into existing community septic system,stormwater
measures,and installation of shoreline plantings. Project subject to site plan review for work within 50 ft.of the shoreline
and 15 percent slope.
Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals.
Final Version CB/LM/sh 11.25.2015
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 51-2015
Project Applicant: Burnett Family Trust
Project Location: 11 Andrew Drive,Ward 1
Parcel History: SB 8-2015; BP 2004-67 Dock
SEQR Type: II
Meeting Date: November 18,2015, December 16,2015
Description of Proposed Project:
Applicant proposes a 2-lot subdivision; lot size 28,639 sq. ft. Lot A and 28,754 sq. ft. Lot B. Relief requested
from minimum road frontage, water frontage, and lot width requirements. Also, relief is requested from
minimum lot size, property line setbacks for the WR zoning district. Subdivision approval is required for the
creation of two lots from the one parent lot.
Relief Required:
Relief requested from the following sections of the Zoning Ordinance. 179-3-040 Establishment of Districts —
Waterfront residential, 179-4-050 frontage where Lot A does not have physical access.
Parcel will require area variance as follows:
Road Water frontage Lot width Lot size Lot A Lot B
frontage side side
Setbacks setback
Required 150 ft 150 ft 150 ft 2 ac 20 ft 20 ft
Proposed 87 ft each Lot A 96 ft, Lot 87 ft each 28,639 sq. ft Lot A Lot B
B 91 ft Lot A/28,754 8.26 ft, 6.12 ft
sq. ft. Lot B
Relief 63 ft each Lot A 54 ft, Lot 63 ft each 58481 sq ft 11.74 ft 13.88 ft
B 59 ft (1.34 ac)Lot A/
58366 sq ft
(1.34ac) Lot B
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 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 limited as the intent is to
separate the two buildings onto individual lots
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code.
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 have minimal to
no impact to the neighborhood where it is residential along Lake George.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created
Staff comments:
The applicant requests relief for the subdivision of a parcel with two existing homes where variance relief is
required. The applicant proposes a two lot subdivision of a 1.32 acre parcel located in the waterfront residential
zone. The real property information on the parcel indicates the cottage is on the south property and the cabin is
located on the north parcel.
(Lot A need to confirm what is rectangle area)
Zoning Board
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238
Town of(�iiecnsEiury
RESOLUTION TO: Approve/Disapprove Area Variance No.51-2015
Burnett Family Trust
Tax Map No.ID 239.18-1-12/Property Location: 11 Andrew Drive
The Zoning Board of Appeals of the Town of Queensbury has received an application from the Burnett Family Trust. Applicant
proposes a 2-lot subdivision; lot size 28,639 sq. ft. Lot A and28,754 sq. ft. Lot B; no changes to existing homes or features,
driveway. Relief requested from minimum road frontage, water frontage, lot width requirements, and Lot A for not having
physical road frontage. Also, relief is requested from minimum lot size, property line setbacks for the WR zoning district.
Subdivision approval is required for the creation of two lots from the one parent lot.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,September 16,2015 and left open;
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. Is 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(deniali 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. 51-2015 BURNETT
FAMILY TRUST AND ESTATE OF DAVID , Introduced by , who moved for its adoption, seconded by
Duly adopted this 16"' day of December, 2015 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
December 16, 2015
Area Variance PZ-0031-2015 ROBERT & RENEE LITTLE./
20 Pioneer Point/WR-waterfront residential zone/Ward 1
SEQR Type II
Material Review: application, elevation, survey, floor plans, landscaping plan
Parcel History: SP 67-2015 demolish rebuild pending
Project Description
Applicant proposes demolition of existing 1,305 sq. ft. single-family dwelling and construction of a new 1,730
sq. ft. single-family dwelling with main floor and basement (2,975 sq. ft. floor area). Relief requested from
minimum setback, permeability requirements, maximum allowable Floor Area Ratio (FAR), and from
minimum frontage on a public highway for the WR zoning district. Project includes new well, tie-into existing
community septic system, stormwater measures, and installation of shoreline plantings. Project subject to site
plan review for work within 50 ft. of the shoreline and 15 percent slope.
Relief required
Parcel will require area variances from section 179-3-040: Establishment of districts dimensional requirements
for the waterfront residential zone.
FAR Permeability West side Front setback Shoreline Frontage
setback
Required 22% 75% 20 ft 30 ft 50 ft 50 ft
Proposed 24.2% 69.4% 8 ft 14.4 ft 25.6 ft O ft
Relief 2.2% 5.6% 12 ft 15.6 ft 24.4 ft 50 ft
excess
CRITERIA FOR CONSIDERING AN AREA VARIANCE PURSUANT 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 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 to reduce the
size of the proposed home to be more compliant.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code.
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 removes a
preexisting nonconforming structure and installs stormwater management, upgrades the septic and installs a
new well —all improvements to lessen the environmental impact. The project may be considered to have an
impact with the number of variances requested.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created
Staff Comments
The applicant proposes to demolition an existing home 1305 sq ft footprint to construct a 1730 sq ft home. The
new structure will contain two floors with a 3-bedrooms. The project includes disturbance of 10,300 sq ft
including grading and stormwater management measures to be installed. The project involves construction of a
building within 50 ft of 15% slopes, and hardsurfacing within 50 ft of the shoreline. The planting plans shows
the some planted areas to be located around the home,permeable pavers, reinforced grass drive area and
shoreline plantings.
Iftoe Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Q_ycensbury
PER THE DRAFT PROVIDED BY STAFF
RESOLUTION TO: Approve/Disapprove Area Variance(PZ-0031-2015)
Robert& Renee Little (Trustees)
Tax Map No. ID 289.14-1-19/Property Location: 20 Pioneer Point
The Zoning Board of Appeals of the Town of Queensbury has received an application from Robert and Renee
Little (Trustees). Applicant proposes demolition of existing 1,305 sq. ft. single-family dwelling and
construction of a new 1,730 sq. ft. single-family dwelling with main floor and basement (2,975 sq. ft. floor
area). Relief requested from minimum setback, permeability requirements, maximum allowable Floor Area
Ratio (FAR), and from minimum frontage on a public highway for the WR zoning district. Project includes new
well, tie-into existing community septic system, stormwater measures, and installation of shoreline plantings.
Project subject to site plan review for work within 50 ft. of the shoreline and 15 percent slope.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,December 16,2015;
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 / 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. Is 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 b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
The Board also finds that the variance request under consideration is the minimum necessary;
Therefore the following is granted as presented by.the chart below;
FAR Permeability West side Front setback Shoreline Frontage
setback
Required 22% 75% 20 ft 30 ft 50 ft 50 ft
Proposed 24.2% 69.4% 8 ft 14.4 ft 25.6 ft O ft
Relief 2.2% 5.6% 12 ft 15.6 ft 24.4 ft 50 ft
excess
Page 1 of 2
Continued ZBA Resolution
AV PZ-0031-2015 Robert & Renee Little (Trustees)
ZBA Meeting Date: Wednesday, December 16,2015
7. The Board also proposes the following conditions:
a) The first page of the final plans will include a copy of the resolution and a signature block for the
Zoning Administrator's approval stamp.
b) The Code Compliance.Officer must be contacted prior to any project activity
c) The project is to be completed within the timeframe as outlined in Additional Project information:
Estimated Project Duration Start End
d) Adherence to the items outlined in the follow-up letter sent with this resolution.
e)
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
PZ-0031-2015, Robert and Renee Little (Trustees), Introduced by who moved for its
adoption, seconded by
Duly adopted this 16th day of December, 2015 by the following vote:
AYES:
NOES:
Page 2 of 2