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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