Staff Notes March 16, 2016 Town of Queensbury
Zoning r f Appeals
Community Development Department Staff Notes
Sign Variance No.: PZ-0072-2016
Project Applicant: Faden Enterprises
SEQR Type: Unlisted—coordinate with Planning Board
Parcel History: AV PZ-0071-2016; SP PZ-0073-2016; SUP PZ-0068-2016
Meeting Date: March 16, 2016
Description of Proposed Project:
Applicant proposes construction of a 45 sq. ft. freestanding sign(Subway and future tenant names)with a
5 ft. front setback on Main Street.
Relief Required:
The applicant requests the following relief. Relief requested from sign setback restrictions for the Main
Street zoning district.
Section 140-6 Signs for which permits are required-setbacks
Applicant propsoes a 45 sqft sign to be located 5 ft from the front property line where a 15 ft setback is
required.
Criteria for considering a Sign 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 sign variance. Moderate
impacts to the neighborhood may be anticipated. The zoning code requires free standing signage to be
a 15 minimum setback from the front property line.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than a sign variance. Feasible alternatives may be possible to consider
to the location as the project is being completed in phases.
3. Whether the requested sign 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 an
adverse impact on the main street corridor per code that may be mitigated with less signs.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes a 45 sq ft free standing sign to contain the space for multiple tenants. The sign is
to be 12 ft in height with the panels 13.25" x 69". The Code identifies the sign to be of durable materials
and recommends type - wood, metal, stone, brick or similar traditional sign materials; a resin or composite
materials that give the appearance of traditional materials may also be used.
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 r I
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 of Queensbury
Sign Variance Resolution To: Approve/Disapprove
Applicant Name: Russell Faden/Faden Enterprises
File Number: PZ-0072-2016
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 for a variance from Chapter 140 of the Sign Code of The Town of Queensbury.Applicant proposes
construction of a 45 sq. ft.freestanding sign (Subway and future tenant names)with a 5 ft.front setback on
Main Street. SEQR Planning Board request for Lead Agency. Relief requested from sign setback
restrictions for the Main Street zoning district.
SEQR Type: Unlisted [Resolution/Action Required for SEQR]
Motion regarding Sign Variance No.PZ-0072-2016 Russell Faden/Faden Enterprises based upon the
information and the analysis of the above supporting documentation provided by the applicant,this Board
finds that this will not result in any significant adverse environmental impact. So we give it a Negative
Declaration,Introduced by who moved for its adoption,seconded by
Duly adopted 16`x'day of March 2016, by the following vote:
AYES:
NOES:
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:
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby
properties be created by the granting of the requested sign variance? INSERT RESPONSE
2. Can the benefit sought by the applicant be achieved by some method,feasible for the applicant to pursue,other
than an sign variance? INSERT RESPONSE
3. Is the requested sign variance substantial? INSERT RESPONSE
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the
neighborhood or district? INSERT RESPONSE
5. Is the alleged difficulty self-created? INSERT RESPONSE
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6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh/would be outweighed by 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;
Based on the above findings I make a MOTION TO APPROVE/DENY Sign Variance No.PZ-0072-2016
Russell Faden/Faden Enterprises,Introduced by ,who moved for its adoption,seconded by
As per the resolution prepared by staff with the following:
A. <insert conditions/comments>:
B. 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 expires;
C. If the property is located within the Adirondack Park,the approved variance is subject to review by the
Adirondack Park Agency(APA). The applicant is cautioned against taking any action until the APA's review
is completed;
D. Final approved plans in compliance with an approved variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building&Codes
personnel.
E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans;
F. Upon approval of the application;review and approval of final plans by the Community Development
Department the applicant can apply for a sign permit unless the proposed project requires review, approval,or
permit from the Town Planning Board and/or the Adirondack Park Agency,Lake George Park Commission or
other State agency or department.
Duly adopted this 16'h day of March 2016, by the following vote:
AYES:
NOES:
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