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SV 37-2015 Church of the King Approval Resolution July 22, 2015 Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Queensbury RESOLUTION TO: Approve Sign Variance No. 37-2015, Church of the King, Inc. 681 Bay Road, intersection of Evergreen Lane and Bay Road at Cedars Senior Living Community, Tax Map No. 289.19-1-16 The Zoning Board of Appeals of the Town of Queensbury has received an application from Church of the King, Inc. for a variance from Chapter 140 of the Sign Code of The Town of Queensbury. Applicant proposes construction of a new retaining wall between Evergreen Lane and Church of the King for installation of 12 sq.ft. sign on the wall for the Cedars Senior Living Community. Relief requested from minimum front and side yard setback requirements for signs. In addition, relief is requested from maximum number of allowable signs on the property. SEQR Type: Unlisted; Motion regarding Sign Variance No. 37-2015, Church of the King, Inc. based upon the information provided by the applicant and the supporting documentation,this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by Richard Garrand who moved for its adoption, seconded by John Henkel: Duly adopted this 22nd day of July, 2015, by the following vote: AYES: Mr. Kuhl, Mr. McCabe, Mr. Urrico, Mr. Garrand, Mr. Henkel, Mr. Jackoski NOES: NONE A public hearing was advertised and held on Wednesday, July 22, 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. 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? No undesirable change will be produced in the character of the neighborhood. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? It's not really practical to seek benefit by another method. 3. Is the requested sign variance substantial? The requested sign variance is not substantial. It's moderate 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? It will not have an adverse impact on the physical or environmental conditions of the neighborhood. 5. Is the alleged difficulty self-created? The alleged difficulty is self-created. Page 1 of 2 ZBA Decision Resolution (continued) ZBA Meeting Date: Wednesday, July 22, 2015 Sign Variance Application No. 37-2015, Church of the King, Inc. 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh 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 Sign Variance No. 37-2015, Church of the King, Inc., Introduced by Michael McCabe,who moved for its adoption, seconded by John Henkel: As per the resolution prepared by staff with the following: A. 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; B. 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; C. 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' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. 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 22nd day of July, 2015, by the following vote: AYES: Mr. Kuhl, Mr. Garrand, Mr. Urrico, Mr. McCabe, Mr. Henkel, Mr. Jackoski NOES: NONE Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh cc: Tom Hutchins, P.E.-Hutchins Engineering Page 2 of 2