Staff Notes March 16, 2016 Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: PZ-0071-2016
Project Applicant: Faden Enterprises
Project Location: 75-79 Main Street—Ward 4
Parcel History: SP PZ-0073-2016; SV PZ-0072-2016; SUP PZ-0068-2016
SEQR Type: Type H
Meeting Date: March 16,2016
Description of Proposed Project:
Applicant proposes demolition of three main buildings, shed and some site grading to construct three new buildings in
three phases. First building to be 4,200+/-sq. ft.with parking from Main St.to Pine St. Project includes merging
parcels creating two parcels. Second phase to be remainder of first building 4,200+/-sq. ft.,then third phase is two
additional buildings 2,400 sq. ft. and 1,600 sq.ft. with a drive through.
Relief Required:
The applicant requests the following relief: Relief requested; Bldg.2 and Bldg. 3 require relief from minimum
setback requirements (Pine Street side), and Bldg. 3 requires minimum setback relief for the bank drive-thru for
the Main Street(MS) zoning District.
Section 179-3-040 establishment of districts dimensional requirements,
Building 2 and Building 3 are proposed to be located at 0 ft setback from Pine Street where a 20 ft setback is required.
Section 179-7-070 Design Standards Main Street
Drive thru windows are prohibited beyond 500 ft of the Northway where the applicant proposes a bank drive-
thru beyond 500 feet from the Northway-1,600 +/- ft relief 1,100 ft+/-
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. The project for Building 2
and 3 are part of the third phase of the project where during Phase 1 all buildings on the parcels will be
demolished and the third phase building areas would be seeded and grassed. All three Buildings are to be
single story buildings where the existing buildings are greater than one story. The neighborhood view would
be altered where the Main Street zoning encourages 2 story buildings and increasing the pedestrian activity.
The applicant's request for a drive-through specific to a bank use would not be considered consistent with
the new Main Street code.
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. The project indicates buildings 2 and 3 will be located
on one parcel of 0.32 acres with a width 75 ft. There are no doors facing Pine Street only the drive through
exit and two-way access drive for vehicles. The lot width for the proposed lot may be considered limiting
feasible alternatives to location of the buildings as adjustments may reduce parking availability for the
intended uses and site landscaping.
3. Whether the requested area variance is substantial. The relief requested for setbacks and drive-through
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 main street zoning indicates the intent is
to promote pedestrian interest and continuity; the street-level shops shall be retail, office, professional office,
gallery,personal service establishment,restaurant or tavern along Main Street. The zone also includes
residential uses above the first and second floor are encouraged throughout the district.
The project as proposed includes some elements of the Main Street items including the outdoor eating area
and front building design but the variance requested would have an impact on the physical neighborhood in
regards to the drive-thru and setbacks based on the code.
S. Whether the alleged difficulty was self created. The project as proposed may be considered self created.
Staff comments:
The applicant proposes to redevelop three properties on Main Street for the phased construction of three
commercial buildings. The variance is associated with proposed Lot 1 where two buildings noted as building 2
and 3 will be constructed as part of phase 3 and includes a drive thru. Variance relief is required for the
setbacks of the two buildings on Pine Street and the construction of a drive-thru greater than 500 ft from the
Northway.
The board should be aware that considerable time and effort was spent developing the Main Street design
standards. Staff would request careful consideration be given to the intent of these requirements and whether
the board's review of the balancing test would outweigh the detriments for granting changes to the
requirements.
Zoning rAppeals
Community Development Department Staff Notes
Zoning Board of Appeals-Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
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Town ofCZumnsbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Russell Faden/Faden Enterprises
File Number: PZ-0071-2016 "°
Location: 75-79 Main Street
Tax Map Number: 309.10-1-47,48,49
ZBA Meeting Date: Wednesday,March 16, 2016
The Zoning Board of Appeals of the Town of Queensbury has received an application from Russell Faden / Faden
Enterprises. Applicant proposes demolition of three main buildings,shed and some site grading to construct three
new buildings in three phases. First building to be 4,200+/- sq. ft.with parking from Main St. to Pine St. Project
includes merging parcels creating two parcels. Second phase to be remainder of first building 4,200+/-sq. ft.,then
third phase is two additional buildings 2,400 sq. ft. and 1,600 sq. ft. with a drive through. SEQR Planning Board
request for Lead Agency. Relief requested; Bldg. 2 and Bldg. 3 require relief from mimimum setback
requirements (Pine Street side), and Bldg. 3 requires minimum setback relief for the bank drive-thru for the Main
Street(MS)zoning District.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,March 16,2016;
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
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6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh
,(approval) / would be outweighed by (,denial) 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.
PZ-0071-2016 Russell Faden /Faden Enterprises, Introduced by , who moved for its adoption, seconded
by
Duly adopted this 16'h day of March 2016 by the following vote:
AYES:
NOES:
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