Staff Notes Packet for Wed. September 21, 2016 Staff Notes
ZBA Meeting
Wednesday, September 21, 2016
@7pm
Queensbury Zoning Board of Appeals Agenda
Meefing: Wdnesdayr September 2 1, 2016 Time, 7,00- 11:00 pm,
Que.ensbury Activities Center— 742 Bay R,oadl
Agenda subject to change and maybe found at; wwwqueensbury.net
.A�pproval of anecting minutes: August 17 and August 24,2.016
A0W.I.A.-IsInAlyg,Item,
Further Tsi bling I De nywithout prej u d icet Area Variance PZ-0139-2016 Great McadDw Federal Credit Union
Meadowbrook Road—north side of Quaker Road
Request fear Extension of,Approyalt Area Varjacp,'No, 55-2015 Michael Yurdiga—Sunset Trai I
(Pickle 14111 Acres 9 ubdivisi on)for constructionof a 1,360
sq. ft. SiAgic-Farni ly Dwel I ing including porch i de:ck.
Approved on October 28,:x:015
New Business:
Applicant(s) Katrina Spahn Area Variance No PZ-215,-2016
Owner(g) Katrina mid I'larry Spahn SEORA Type
Agent(s) n1a Lot Size 0.2xlAqM
Location 12 Uli I Icrest Avenue—Ward 3 Zoning
W'nrd No.
Tax Id No, 1 301.12-3-7 1 Section 179-5-020, 1794-070,
Cross Ref I BOTH,509-2016 Swimming Pool Warren County,Plan kAng n1a
Public Hea!:jpg ..J_Septeinter 21,2016 Adironda c k Park A gen cy n1a
Pro ieti"Wi,criptJon Applicant proposes installation ofaninground swirnining poot. Relief request for ptacernentofa pool in a frontyud(Iot Is
bound by two roads,). Relief is also rcq ucstcd for ptaccrnent of a nonconforming fence-,6 ft, in height Located on Burke Drive(back yard of 12
1111 tmst Avon ue),
Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals.
7AWng Board of,Apeals—Record of Resoluflo)s
Town of Queeiishry 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Q44combary
Area Variance Resolution To:: Deny without Prejudice
Applicant Naine: rrreat Meadow Federal Credit Union
File Number: PZ-0139-2016
Location: Meadowbrook Road-- north side of Quaker Road,
west side of Meadowbrook Road
Tax Map Number: 296.20-1-1 0
ZBA Meeting Date. Wednesday, May 1.8,2016
The Zoning Board, of Appeals of the Town of Queensbury has received an application from
Great Meadow Federal Credit Union. Applieaut proposes construction of a 1,915 sq,� ft.
new commercial building for a branch office / credit union and associated site work.
Building to also have a 24 ft. by 24 ft. upstairs office area. Relief rquested from front
and/or shoreline (wetland) setback :requirements for the CI zoning district. Site Plan® new
commercial structure
SEQR Type 11 —no further review required;
A public hearing was advertised and held on ly 116 arid. Tabled to SLepteniber.21,2016.
Upon review of the application materials, information supplied during the public hearing, and
upon consideration, of the criteria specified in, Section, 179-1,4-080(A) of the Queensbury Town
Code and Chapter 267 of NYS Town Law and after discussion, and deliberation, we find as
follows:
MOTION TO DENYWITHOUT PREJUDICE AREA VARIANCE PZ-01 -2016
GREAT MEADOW Ful DERAL CREDIT UNION Introduced by who
moved for its adoption, seconded by
The:applicant inay re-apply at a future date.
Duly adopted this 2 l" day of September, 2016, by the following vote:
AYES-
NOES:
Zoning Board otAppeals —Record of Resolution
Town of'Queensbury 742 Bay Road Queensbury,NY 12804 (51 8) 761-8239
Town
Area Variance Resolution To Approve I Disapprove the request for an extension of approval.
Applicant Name: Michael Yurdiga
'File Number: AV 55-201.5
Location: 12 Sunset Trail (Pickle Hill Acres, Subdivision)
Tax Map Number: 266.1-2-62
ZBA Meeting Date. Wed., September 21, 2016
The Zoning Board of Appeals of the Town of Queensbury has received a letter of request for an extension of
approval dated August 25, 2016 frorn Michael Yurdiga for constructionof a 1,360 sq. ft. single-family dwelling
including porch/deck. The initial ZBA approval date was,Wednesday, October 28, 2015.
BASED ON' 'THE ABOVE FINDINOS, I MAKE,A MOTION TO APPROVE / DENY THE RE-QUEST FOR
AN E=ENS10N OFAPPROVAL FOR AREA VARIANCE NO., 55-2015 Michael Yurdiga, Introduced by
who moved for its adoption, seconded by
Duty adopted this 1" day of S epteinber 2016 by the rol lowing vote:
AYES
NOES:
Town of Queensbvry Zoning Board of Appeals
Communiiy Development Department Staff Noies
Area Variance No.: PZ 215-2016
Project Applicant: Katrina Spahn
Project Location: 12 Hillcrest Avenue
Parcel History:: BOTH 509.2016 Swimming Pool
SEQR Type: Type 11
Meeting Date: September 21, 201,6,
Description,Of P Mused P Gj ect:,
Applicant proposes installation of an inground swimming pool., Relief request for placement of a pool in a front yard (lot
is bound by two roads). Relief is also requested for placement of a noneonforming f6ice; 6 ft. in 11eirght,located on Burke
Drive (back yard of 12 Hillcrest Avenue),.
Relief:R,equ
The applicant requests the following relief. Relief request for placement of a pool in a front yard (lot is bound by two
roads). Relief is also requested for placement of a nonconfoi7nilng feiicc; 6 ft. in height located,on Burke Drive(back
yard of 12 Hillcrest Avenue). Neighborhood Residential -NR
The applicant requests the following,relief Relief requested from restriction for placement of a pool ina front
yard.
Section 179-5-020 accesso!y structures - pools
The applicant proposes,to install an inground pool in a front yard where there parcel is bordered by two roads in
effect having two fronts. Pools are only allowed in rear yards.
Section 179-5-070 Fences
The code allows for four foot fe�nces, in the front yard,; non stockade. The proposed fence is to be 6 ft stockade
and will be located on Burke Dr.
C ri teria for co nsid ering as Area Variance according to ChMtcl.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, limited for the
location of the pool due to the lot configuration. Alternatives may be: considered for a compliant fence
height.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code, The relief tequested is 2 ft in excess of the allowed fence height and stockade.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental co"ditioins in the neighborhood or district. The project may be considered to have
mi�nimal impact o.n.the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be coasidered self-created..
staff commonts:
The applicant proposes to install a 12 ft by 24 It inground pool that is, located to the rear of their existing home
that,is bordered by Burke Dr. The applicant,also proposes,to, install a 6 ft stockade fen section here a 4 ft
non stockade fence is maximum allowed. The applicant has indicated thefenoing,to be installed replaces some
sections that are:old and falling down and consistent with the fence that is being replaced. The plans show the
location of the pool and fencing.
Zoning Board of Appeals
Community Development Department Staff Noies
Zoning Board of Appeals— 1 ecord of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
,R)WIl orQyunsbury
Area Variance Resolution To: Approve / Disapprove
Applicant Name- Katrina Spahn
File Number- P'Z-2151-20,16
Location- 1 2 Hillcrest Avenue
Tax Map Number. 301.12-3-7
ZDA Meeting Date: Wed., September 21, 2016
The Zoning Board, of Appeals of the Town of Queensbury has received an application.frorn Katrina Spahm
Applicant proposes installation of an inground sArimming pool. Relief request,for placement of a pool in a front
yard (lot is bound by two roads). Relief is also requested', for placement of a nonconforming fence; 6 ft. in
height located on Burke Drive (back yard of 12 Hillcrest Avenue).
The applicant requests the following relief. Relief request for placement of a,pool in a front Yard (lot is bound
by two roads). Relief is, also requested for placement of a nonconforming fence; 6, ft. in height located on Burke
Drive (back,yard of 12 14illerest Avenue). Neighborhood Residential - N'R
Section 179-5-020 aocessoky structures -govols
The applicant proposes to instal] an inground pool in a front yard where there parcel is borderedby two roads in
effect having two fronts. Pools are only allowed in rear yards.
Section, 179-5-070 Fences
The code allows for four foot fences in the front yaiA; non stockade. The proposed fence is to be 6 ft stockade
and will be located on Burke Dr.
SEQR Type 11 —aro ffirther review required;
A public hearing was advertised and held on Wednesday, September 21,2016;
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, 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 to:Isonal?1qWad have been
included to minimize thq�uest OR are not ngssible.
3. The requested variance is / is, not substantial because
4. There is/isnot an adverse impact on the physical or environmental conditions, in the neighborl-.owed or
district?
S. The alleged difficulty is / is not self-created because
6. In addition the Board finds,that the beriefit to the applicant frog n granting the requested variance would
out.wg 'Xlifyp OvIlL/wouldbeoutweiiyfiedby &nial g detriment to the health, safety and
-PL-1— L _� the resultin
welfare of the neighborhood or community;
7. The Board also finds that the variance request Linder consideration is the minitnum, 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 Fr 'l I MAKE TION TO A�Pj�)ROVE / DENY ARF'A VARJANC
PZ-215-2016, Katrina Spahn, Introduced by_, who moved for its adoption, seconded by
Duly adopted this 2 f" day of S eptember 201 by the following vote:
AYES:
NOES-