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Staff Notes Packet for ZBA Mtg. Wed., December 21, 2016 Staff Notes ZBA Meeting Wednesday, December 21, 2016 @7pm Qu�eensbury Zoning Board of Appeals Agenda Meeting, Wednesday, December 21, 2016 Time: 7,00- 11,00 pm Que en8 buryActivities,Center-742 Bay Road Agenda subject to change and may be found at. www.queensbuTy.net Approval of meeting minutes: 'November 16,201 NEW BUSI�NES$ Appticant(s) Michael&Holly Dansbu!j Area Variance No PZ 252-2016 Owner(s) michact,&Holl y Diansbury l; RA Tye 11 - Aeats Curtis[1. Lot Size 0.21 Acre s Location 9 Hemlock Road-off Cilen Lake Road— Zoning WR-IA ward No. Ward 1 Tax Ild No 289.10-1-31 Section 179-3-040; 179-13-0,10 Cross Ref BP 2000-838 Res,Alterations Warren County P[BflniFLg nia Public Hearing December 21,,,2016 Adirondack Park Agenca Project Description Applicant proposes construction of a 572 sq. ft.attached garage and a48 sq. it.kitchen addition to an existing 1,012 sq. ft.(footprint); 1,772 sq. I(Floar Area)home. The proposed garage will have astorage-loft area acessible by interior stairs. Relief requested from minimum setback requirements,FAR, permeability,and expansion of nonwrifierming structure in as CEA, P 'ect subject to Site Plan Review for expansion in a CEA. ApplIeRritQs Mike and Elahrie Feeney Area Variance No PZ 254-2016 Tfic—haeland—Elaine Feeney SEQRA Type if, AgLnt(s) Dennis MacElroy Lot Size 5.64 Acm(s) Location Lockhart Mountain Road -Ward I Zoning, RR-5A Ward No. Tax Id No 251-1-21 ection Section 147 Cross Ref n/a Warren Comit!X Planning Ncember2016 Public Hearing December 21,2016 Adirondack Park Ageng ALD Project Description Applicant proposes construction of a 2,600 sq,ft, single-family residence on a five-acre parcel with site 'work including construction of a driveway, The project inOudes,installation of storrawater devices that are less than 100 ft. from the wetland. P12jert subject to site plan review for hardsurfazing,and project within.50 ft.of 15%slopes, J Sereena Coombe& Area,Variance No PZ 255-2016 OWI tq!)_ Screena Coombes SE Type It Agent(s) Rucinski Hall Architecture;Ethan P. Hall Lot Size 0.34 A,cre(s) Loention loll irdsatl Road-Ward I Zoning WR Word No, Tax Id No F2-89.17.1-39 and 56 Section 179-3-040 Cross Ref BP 2007-261 dock Warren County Planning n/a Public Hearing December 21,2016 Adirondack Park Agtacy n/a Project Description Applicant proposes construction of as 552 sq,I second floor addition and a new 422 sq. ft. deck to an existing 1,454 sq,-ft,(fbotprint); 1,934 sq.ft.,(floor area)home. Adjoining lots to be combined. Existing car port requires variance review;currently outstanding. Relief requested from minimum setback requirements and fbr a second garage (current carport). .In addition relief requested from maximuin height itstrictions,Floor Area Ratio,and setbacks for the residential addition an a WR-t A tonin district. J Page I of 3 Queensbury Zoning Board of Appeals, Agenda, Meet i ng: Wednesday, Dec e mber 21, 2016 Time; 7=- 11,00 pm Que e ns bury ActiVities Center—742 Bay Road Agenda subject to,change and maybe found at: www.queens,bur,y.net leant's. W i I[lain E.Be man Area Variance No P 268-2016 O°wAtq�l_ William 2. and..Michelle L.Bergman SEQRAType 11 _AgnI(O_ nfa Lot Size 0,'69 Acrv(s) Location 138 Equinox Drive -Courthouse Estates, Zoning SFR-30 yrs. 1992 zoning NVard No. Section 3 Tax Id No 288.16-1-29 §ec'tion 179-3-040 Cross Ref S13 7-84; SB 7-94 Modification;13P 'Warren County Planning n/a 2006-138 SFD Public Hearing December-21,2016 Adirondack Park Agency n/a Project Description Applicant proposes eamowtion of 540 sq.ft. poolhouse and associated site wo�rk for a pool. Project includes new septic for,poolhouse and,other alterations,to an existing home. Relief requested from maximum allowable size for an accessorystructure:and from.minimum propog line setback requirements, Ap,plicant(s) Brian Oleserl J Area Variance No PZ 260-2016 Owner(s) Flintlock core" SEQRA Type H Agent(s) Todd Orimm Lot Size 1,33 Acre s' Ucation 1540 State Route 9-Ward I Zoning CI Ward No. Tani Id No 288,8-1-13 & 14 Section. 1793-040 Cross Ref SP PZ 258-2016; SUP PZ 259-2016; 9P Warren County Planning, December 2016 2015-375 C. Spirit Halloween;BP 2014-391 CIO Spirit Halloween Public Hen ring Decembei-21,2016 Adirondack Prick A nr n/a Project Description Applicant proposes,renovation to existing 12,000 sq,ft. commercial bllil(llng for Use as an indoor shooting range and retail firearms store. Applicant also proposes construction of a 1,200 sqo ft.,addition. Re lief req�ues ted from mini inuin front,sides,and rear setback reqretirements. Project s ubjcct to Site PI an for use and Specia I Use Permit. Appliciint(s) William A. Mason Area Variance No PZ 266-2016 On wer(s) Richard A.Mason SL, )ilk mae .11 Ag,ent(s) William A.Mason Lot Size OA5 Acre(jw ..... ................. Location. 10 Seneca Drive-Ward I Zoning WR Ward'No. Tax Id No 239,8-1-25 Section 179-3-040; 179-13-010 Cross Ref BP 94-572 Se is Alteration Warren oust Planning December 21,2016 Public Hearing December 21,20016 Adirondack Park Agency ALD Project Description Applicant proposes construction of 768 sq.ft. second story addition and 56 sq. ft' for tWO entry landin to,an existing 768 sq. ft. (footprint& floor area)home. Relief requested for permeability, floor area ratio,and s0bavks. Project is part of Takund.owide Master Plan. PEOject sula'eotto Site Plan Review for eampansion in a CEA. Page 2 of 3 Queensbury Zoning Bard Appeals Agenda Meeting: Wednesday, December 21, 2016 Time: 7:00- 11:00 pm Que ens bwy AC tivitles Center-742 Day Road AgendawbJect to change andl maybe found al. www.queensbury.net AJ Signs Sign Varia:ace No PZ 261-2016 Owner(s) Michael and Susan Kl jdasz SE RA Type Unlisted Agen't s AJ rrs —Lot Size 1.86 AcreLs) Location 156 Quaker Road -Ward 2(PL .W. Zoning cl Ward No. ' arren County�Dept.,of Public Works), Tax Id No 3112,7-1-44Section Chapter 140 Cross fled Dept.of Public Works: Warren County Wni-ven Cujity Planning December 2016 Road 254 Permit No. 1617 expiration date 813012016,BOTH 87-2016 freestanding sign;BOTH 88-2016 wall sign Public Hearing December 21,2016 Adirondack Par Agencl In/a that Description Applicant pmpose5 to replace existing 50,sq.ft,monvalent sign with a new 48A sq,ft. sign t t is 12,8 fl.,tall- Signi Is to be placed in right-of-way where the old sign was located with the additional 8.4 inches to be on owners property. Relief requested from mirdryium required,setbacks for such sign and a second sign. Fro.posedsign will have a zero lot line setback. Applicant(i) MH Imperial Homes-Gregory T. Use Variance No P,Z 264-2016 Hewlett Owoer(s) 1 111 Imperial Homes-Gregory,T. SEARA Type li Hewlett Agent(s) Aa Lot Size 0,55 Acre(s) "Cation 128 Sunnyside Road -Ward I Zoning MDR Wavd No. I I I Tax Id No 290.5-1-55 Section 179-4-020 Cross Ref RC 754-2016 Warren Coign q Planning n/a Public Hearing December 11,20116 Adirondack Park Agenc y_ n/a Project.Description Applicant proposes placement of a 16 ft, by 68 ft mobile home on parcel t1iat is not Within a Mobilo Home OVeday District. Relief requested from pliaceinent of a mobile hoine in the MDR zoning district and outside:of a Mobile I'lonie Overlay zone. Any further business.that the Chairnian determines ma,y be properly brought,before the Zoning Board of Appeals., Page 3 of 3 Larae Hernin�%vay12016 Ycar ZBADcrcirnbu n 16Z8,A Mceting Apnda fm Wcdnc9dLLy Occembpr 21 20145 final vcrr ion E 1.28.2016.doax Town of Queembury Zoning Board of Appeals Community Development Departmieni Staff Notes Area Variance No.- PZ 25�2-�2016 Project Applicant, Michael & Holly Dansbury Project Location: 9 Hemlock Road, Ward I Parcel History: BP 2000-838 Res. Alterations SEER T'ype: Type 11 Meeting Date: December 21, 2016 Description of Propose Applicantproposes construction ofa 572 sq, ft. attached garage and a 48 sq,. ft., kitchen addition to an elxisting 1,012 sq. ft. (footprint); 1,772 sq. ft. (Floor Area)home. The proposed garage will have a storage-loft area ace,ssible by interior stairs. The applicant requests relief from minimum setback requirements,FAR, and expansion.of a nonconforming structure in a CEA. Section 179-3-040 establishment,of districts-dimensional requirements '� zone Proposed is a 572 sq ft attached garage and 48 sq ft kitchen addition. The garage addition is,proposed to be 6.67 ft from the east property line where a 20 ft setback is required. The proposed Floor area ratio is 25,2 %,where a maximurn, ol` % is allowed. Section 1.79-1 -010 Continuation --expansion of a non-conforming structure .rhe proposed additions to an existing not compliant are expansion of a non-conforming structure. Criteria for considering an Area Variance according to Chapter 2,67 of Town,Lara In making a determination,the board shall consider: L 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, The applicant has indicated theexisting detached garage is to be removed and the new attached garage moves further from the property line. 2. Whether the benefit sought by the applicant can beachieved by some method,, feasible for the applicant to pursue, other than an area variance. The feasible:alternatives may be limited as the existing home is noncompliant for permeability and setback. 3. Whether the requested area variance is substantial. The relief requested for setback may be considered moderate where: 6.67 ft is proposed and the relief is for 13.33 ft. The Floor area relief may considered minimal where 25.2 % proposed were 3.2 % in excess is proposed 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 propos d may be considered to have minimal impact on the environmental conditions of the site or area. The applicant has included permeable pavers, 5. Whether the alleged difficulty was self-created. The dif'Dculty may be considered self-created. Staff comments: The applicant proposes a residential addition of a garage:and, kitchen. The addition is to be on the north side of the home. The first floor area involved is the existing kitchen, a bedroom and covered porch—where the bedroom and kitchen will bflip flopped and will be adjacent to the new attached garage. The plans show the existing and proposed floor plan. Zoning, Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—.11ecord. of'Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (51.8) 761-8238 'Ibwo dQtTee'llsbury Area 'Vagyria ace Resolution To: Approve /Disapprove Applicant Natne: Michael & Holly Dansbury File Number: PZ 252-2016 Location: 9 Hemlock Road—off Glen Lake Road Tax Map Number: 289JO-1-31 ZRA Meeting Date: Wednesday, December 21, 2016 The Zoning Board of Appeals,of the Town of Queensbury has received an application from Michael and H.olly Danshary. Applicant proposes oonstriaction of a 572 sq, ft, attached ,garage and a 48 sq., ft. kitchen addition to an existing 1,0,12 sq. it. (footprint), 1,772 sq. ft. (Floor Atea) hom e, The proposed garage will have a storage- loft area acessible by interior stairs. The applicant requests relief from minimum setback requirements, FAR, and, expansion of a nonconforming structure in a CEA. Section 1,7 -3-040 establishment of districts-dimensional requirements WR zone Proposed is a 572 sq ft attached garage and 48 sq ft kitchen addition. The garage addition is proposed to be 6.,67 ft from the east property line where a 20 f setback is required. The proposed Floor area ratio is 25.2 % where a maximurn of 22% is allowed. Section 179-1 -0 10 Continuatign.7e %gion of a non-conforrninggML c= _ The proposed additions to an existing not compliant are expansion of a non-confoiming structure. SE QR Type 1:1—no further review required; A.public hearing was advertised and held on WednIesday, December 21, 2016; Upon review of the application materials, information supplied during the public hearing, and, upon consideration of the criteria specified in Section 179-14-0,80(A) of the Queensbizy'Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as,follows: PER 11-1 1;: DRAFT111U)VI DED BY T, 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 bthe Board,, are reasonable: and have been included to minimize the request OR are not possible. I The tequested variance is/ is not substantial because 4. There is / is not aa adverse impact on the physical or environmental conditions in the neigghborhood or district? 5, Is the alleged difficulty is / is riot self-created because, 6. In addition, the Board finds that the benefit to the applicant from granting the req'nested variance would outwei, h (apRi�oyaj) / would be out weighe 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; & The Boa�rd also,proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED THE ABOVE FINDINGS, I MAKE A, MOTION TO APPROVE / DENY AREA VARIANCE PZ 252-2016,Michael and HollDan�sbur , Introduced by who moved fbr its adoption, seconded by Duly adopted this 2 1" day, of December 2016 by the following vote: AYES: NOES: Town of Queenry Zoning Board of Appeals Commun[ty Development Department Skiff Notes Area Variance No,. PZ 254-2016 Project Applicant- Mike& Elaine Feeney Project Location: Lockhart Mountain Rd.,'Ward 1 Parcel Higto,ry. Ida SEQR Type: Type 11 Meeting Date; Deimmber2l,2016 Desertun of ProUo Applicant proposes construction of a 2,600 sq. ft. single-farnily residence on a five-acre parcel with site work including construction of a driveway. The applicant requests the l'o 11 owing relief for installation of stormwater devices less than 100 ft. from wetland. Parcel is, located in the zone RR-5A., Section 147-11 Stormwater Mangump'l'lt thin Lake Georgge Park The applicant proposes starmwater infiltratimi devices closer than 100 ft to the wetland. Srale#2 is to be 37 ft and Swale #3 i s to be 3'8 ft. and the,code requires devices to be 1 00ft or greater from the wetland. C riterin for,considering an Area Variance according to Chapter 267 of"To In making a determination, the board shall consider- I. Whether anundesirable change will be produced, in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this arca variance,, Minor to-no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can, be achieved by somemethod, feasible for the applicant to pu'rsue' other than an, area Variance. Feasible alternatives are limited as the applicant is working with the APA to develop the access,drive and meet the APA requiremen.ts. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code, Swale 4 2 is to be 37 ft,and relief requested is 63 ft and Swale #3 is to be 38 ft, and 62 ft of relief is requested. 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 will have minimal irnpact.to the neighborhood. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. staff"cornrnents: The Applicant proposes the development of a 5.6 ac parcel fora 2,600 sq ft single family home. The project includes the disturbance for the installation of a well, septic and an access drive. The,applicant has been working with the APA to satisfy requirementsfot access near the wetland. Zoning Board of Appeals—Record.of Resolution. Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 T(not Area Variance Resolution To: Approve/Disapprove Applicant NameMike and Blaine Feeney File Number, PZ 254-2016 Location- Lockhart Mountain Road Tax Map,Number. 252.-l-21. ZBA Meeting Date. Wednesday, December 21, 2016 TheZoning Board of Appeals of the Town, of Queensbury has received an application from'Mike and Elaine Feene . Applicant pix)poses construction of'a 2,600 sqft, single-family residence on a five-acre parcel with site work including construction of a driveway., Tice applicant requests,the following relief for installation of storinwater devices less than 100 ft. ficin.wethind. Parcel is located in the zone 1 - .. Section 147-11 Stormwater Manavrnent—SupplernentaLy additional requirements for pr9imts Par The app I iQa;it proposes 5tormwater i nfiItration devices closer than 100 ft to the wetland. Swale 42 is,to be 3?' and, Swale#3 is to be 3'8 ft. and the code retluires devices to be I MR or greater from the wetland. SEQR Type II —no farther review required; A public hearing was advertised and held on Wednesday, December 21, 201.6;, 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'rown Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: 111_.,',RTHE DRAFT11ROVIDED 13Y STAH' 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 m. quest OR are not possible. 3, The requested variance is / is riot 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 OILt�ej -d!_ .ateroyal) / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Bo also finds that, the variance request under consideration is the minimuni necessary; 8. The Board also proposes the fiollowing conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASEDON THE ABOVE FINDGS, I MAKE A MOTION TO APPROVE� [ ENY AREA,VARIANCE PZ 254-2016, Mike and Elaine F I Introduced by_, who moved for its adoption, seconded by Duly adopted this 2 Vt day of December 20,16 by the following vote-, AYES: NOES: 'Town of Queensbury Zoning Board of Appeals Commun[ty Development Department Staff Notes Area Variance No.: PZ 255-2016 ProjettApplicant: Sereena Coambes Project Location: 108 Birdsall Road,Ward I Parcel History: BP 2007-261 Dock SEQR Type: Type 11 Meeting site December 21,2016 I.Description of Propaged Applicant proposes construction of a 552 sq., ft. second floor addition and a new 422 sq. ft. deck to an existing: 1,44 sq. ft. (footprint); 1,934 sq. ft, (floor area) home. Adjoining lots to be combined. Existing car port requires variance review, currently outstanding., Relief The applicant requests relief from the followiag,for a second garage and setbacks to the garage (current carport). In addition relief requested from.inaximum height restrictions and setbacks for the residential. addition in a WR zoning district. Section 179-3-04O Establishment of District,$ 4 __emsiorial muitts a' as The applicant proposes a 552 sq, ft. second floor addition and,a new 422 sq,. ftThe new addition height is proposed to be 28 ft 4 in. where a 28 11 height maximum is allowed. Also the addition is to have a front setback of 19 ft tin where a 30 ft setback is required, an cast side setback of 15 ft I in. where a 20 ft setback is required, and a rear setback of 12 -,ft 6 in, wh,ere a, 3ft setback is required. The existing carport is located is 7 ft I in where a ft setback is,required.. Section, 17 9--- --020--Agggssogy Structures—ggrqge An existing carport on the site was constructed prior to the current owner's purchase and the review was not. completed. The relief requested is to maintain a second.garage a carport in the current location. Criteria foransidering an,Area Variance according to Chapter 2,67 of 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 ofthis area variance. Minor impactsto the neighborhood may be anticipated. This is an extension of the second story and the front deck area. 2, Whether the benefit sought by the applicant can be achieved by same method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited as the project is an addition,to an existing horne on a 0.18 ac parcel where any improvements would probably require additional review. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. New,addition and deck is proposed to be:4 inches in excess of the allowed height of , relief for front, setback.is 10 ft 1.0 in, east side is 4 f I I in, and rear l 7 ft 6 in. The carport relief on the west side is 12 ft 1.1 in. Relief for mintaining a second garage -carport. 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 will have minimal impact to the neighborhood. 5. Whether the alleged difficulty was self created,. The difficulty may be considered self created staff ea vents.- The applicant proposes a residential addition include an expanded 2'd floor, a main floor deck addition and to maintain a carport. The applicant has indicated the two parcels are to be merged as one parcel. The addition allows for-the rearrangement of bedroom space. The plans show the existing,and proposed conditions of the site and horne. Zoning Board of Appeals Community Development Deportment StaffNotes, Zoning Board of App eals — Record of'Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 W, lb ,ill okkqeeas Jury Area Variance Resolution To: Approve/Disapprove Applicant Name. Sereena Coornbes Vile Number: PZ 255-2016 Location; 108 Birdsall Road Tax Map Number: 289.17-1-39 and 56 ZBA Meeting Date: Wednesday, December 21, 2016 The'ZoningBoard of.Appeals ofthe Town, of Queensbury has received an application from Sereena Coombes. Applicant proposes construction of a 552 sq. ft. second floor addition and a,new 422, sq, ft. deck to an existing 1,454 sq, ft, (footprint); 1,934 sq. ft. (floor area)horne. Adjoining lots to be combined. Existing car port requires variance review; currently outstanding. The applicant request,,-, relief fivm the following for a second garage and setbacks to tbe: garage (current carport). In addition relief requested from ma, imurn,height restrictions and setbacks Bor the residential addition in, a WR zoning district. Section 179-3-040 Establishment of Districts —dimensional requirements WR,zone The applicant proposes a 552 sq, I second floor addition and a new 422 sq. ft. The new addition height is proposed to be 28 ft 4 in. where a 28 ft height maximum is allowed. Also the addition is to have a front setback of 1.9 ft 2 in where a 20 ft setback is required, an east side setback of 15 ft I in. where a 20 ft setback is,required, and a rear setback of 12 ft,6 in where a 30 ft setback is required. The existing carport is located is 7 ft I in where a 30 : setback is required. Section 179-5-020—Accessory Structures --garM An existing carport on the site was constructed prior to the current owner's purchase and the review was not completed.. The relief requested is to maintain a second garage a carport in the current location. SEQR Type 11—no further review required; A public hearing was advertised and held on Wednesday, De:cember 21, 2016; Pilon review of the application materials, information supplied, during the public beating, and upon, consideration of the criteria, specified in'lection 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion mad deliberation, we find as follows: 1 7 1 ?ER ffirkAVIA.IROVIDED BY SI,A FF 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 rninitnizethe request OR,arenot ossible. 3 The requested variance i S. ,,,is not substantial because 4. There is is not an adverse impact on the physical or environinental conditions in the neighborhood or district? 5. Is the alleged difficulty self-created becaus 6, In addition the Board finds that the benefit to the applicant fivni granting the mquested 'Variance would Glut lh f Wroval) / would be ou(weighed by (denial) the resulting detriment to the health., safety and welfare of the neighhorhood or community; T The Board also finds that the variance request under consideration. is the minimum necessary; F. 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 MQ�TION TO APPROVELDENY AREA. VARIANCE PZ 255-2016, Sereena Coornbes, Introduced b'y__, who moved for its adoption, seconded by.,,__, Duly adopted this 2 1" day of December 2016 by the following vote: all NOES: Town of Queensbury Zoning Board of Appeals CommunIty Development Depcirtmeni Staff Notes Area Vitriance No.: P. 268-2016 Project Applicant: William E. Bergman Project Location- 138 Eq ui n ox Drive–,Co t�i rthouse Estates,Section 3,Ward I Parcel History. SH 7-84; SR 7-84 Mo4ification; UP 2006-138 SFD SEQR Type: Type 11 Meeting Date- December 21.,2016 [Ralc—ri Etion offrogosed rqject- Applicant proposes construction of a 540 sq. ft. poolhouse and associated site work for a pool. Project includes new septic for poolhouse and other alterations to an existing home. Relief Required] The applicant requests relief rorn the maximum allowable size for an accessory structure and frown minimum property line setback requirements, 179-3-040 Establishment of'Districts–dimensional requirement–Courtbouse Estates SUB S,F1 1982 zoningWDR zone The applicant proposes a 540 sq ft pool house that is proposed to be located 13 ft 5 in from the rear property line where a 20 ft is required. 179-5-020 AccessM sheds –no more than 500 sg ft in total on parcels less than 3 acres. The proposed pool house is to be 540 sq ft where the maxinium size allowed is 500 sq ft for lots less than 3 acres. Criteria for considering an Area Variance according to Chapter 267 of Torn IJavv. In making a determination, the:board shall consider: 1. Whether an uandesirable 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 to no impacts to the neighborhood may be anticipated. 2. Whether the beriefit 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 available to reduce the building size and location. 3. Whether the rcluested, area variance is substantial. "I'lic,relief may be considered minimal relevant to the code. The relief for the rear setback is proposed to be 6 ft 7 in.. Relief requested the pool house is 40 sq ft in excess. 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 impact to the neighborhood. S. Whether the alleged, difficulty was self created. The difficulty may be considered self created. Staff commont'rJ The applicant proposes the construction of a 540 sq ft pool house. The plans show the location of the pool house and the floor plan. Zoning Board of Appeals—Record of Resolution Town of Queens'bury 742 Bay Road Queensbury, NY 12804 (518) 761-8.238 'rolvil Area Variance Resolution To: Approve/Disapprove Applicant Name: William E., Bergman File Number: PZ 268-20,16 Location. 138, Equinox Drive—Couilliouse lstates, Section 3 Tax Map Number., 288J6-l-29 ZRA Meeting Date: Wednesday, December 21, 2016 The Zoning Board of appeals of the Town of Queensbury has received an application from William E. Bergman. Applicant proposes construction of a 540 sqM .1 . poolhouse and associated site work, f a pool. Project includes new septic for poolhouse and other alterations to an existing home. The applicant requests relief from the maxim-urn.allowable size for an accessory structure and frorn minimum property line setback requirements. 179.3-040 Establishment of Districts—dimensional req ui rement—Courthouse Estates SUB SFR3 0 1M goning/MDR, one The applicant proposes a 540 sq ft pool, house that is proposed to be located 13 ft 5 in ftom the rear property line where a 20 ft- is required. 179-5-020 Accessory sjqeds —no more:than 500 sg ft in total on areels less than 3 acres. The proposed pool house is to be 540 sq ft where the maximum size allowed is 500 sq ft for lots Less than 3 acres. SEAR T'ype 11, no further review required; A public hearing was,advertised an,d held on.Wednesday, December 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 'rown Law and after discussion and deliberation, we find as follows: P't,� Tffl'-" DRAH, 13W)VID4111) 13Y STA171.' L There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2, Feasible altematives are, and have been considered by the Board, are reasonable and have been, included to minimize the request OR are nor 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 distrieii-- 5. Is the alleged difficulty is,/ is no self-created Degauss 6. In addition the Board linds that the benefit to the applicant from granting the requested variance would. outweigh (approval) / would ut shed tyCijqn jAj[ the resulting detriment to the health, safay 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 1"ollow-up letter sent with this resolution. BASED N TIJE ABOVE FINDINGSI,MAKE A MOTION TO APPROVE / DENY AREA VARIANCE PZ 268-20,16, William E. BSr& r aan, Int:r by-, who movedfor its adoption, seconded by Duly adopted this 15t day of December 2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ 200-2016 Project Applicant: Brian Ole.'cn Project Location- 1540 State Rotite 9, and I Parcel History: $111 PZ 258-2016; S[JP PZ 259-2016; UP 2015-375 C/O,Spirit Halloween; BP 2014-391 CIO Spirit Halloween; BP 96-2067 freestanding sign; UP 9'6-547 Interior Alterations; BP 90t-060 Demo of Bldg.; BP 2423 Sign (Clover Lea,f Motor Court); BP 91-778 New Building SEQR Type: Type 11 Meeting Date: December 21,2016 mseription of Proposed Applicant proposes renovation to existing 12,000, sq. ft. commeteial building for use:as an indoor shooting range and retail fitearms store. Applicant also proposes construction ofa 1,200 sq. ft., addition. I'llelief Reqti The applicant,requests relief from the minimum front, sides, and rear setback requirements in the Commercial Intensive Zone. 179-3-040 Establishment of Districts—dimensignal requirement QJ zone The applicant proposes a 1,200 sq ft addition and the Front is proposed, at 53.6 ft where a 75 ft setback is required, side yard south proposed at 6.. ft here 20 ft is required and rear setback, proposed at 16.4 ft where 25 ft setback is required. Criteria for considering an Area Variance according to taEtcr 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 to no 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 vxriaace. Feasible alternatives may be considered limited, due to the location of the existing building on the site., In addition the interior layout of the existing,structure:may not be conducive to an.alternate arrangement of the shooting tunnels. 3, Whether the requested area variance is substantial. The relief requested may be considered moderate relevant,to the code. Relief is requested for 21,E ft in the ftont yard, 1,35 ft on the side yard, and 8.6 ft on the rear yard. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distriet. Minor tono impact to the physical or environmental conditimis in the neighborhood may be anticipated. The applicant has completed a special use permit addressing the criteri .dor noise and safety for installation and, monitoring. S. 'Whether the alleged difflicuity was self-created. The difficulity may be considered self-created Staff com The applicant praposes the renovation of an existing Ouilding and a 1,200 sq ft addition for the oporation. of an indoor shooting range with retail sales and training cWsrooim, The applicant has provided a survey showing the addition location and the:interior arrangement of the building. Zoning Board of Appeals Community Development Department Staff Notes Zoning,Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 '161at 0F(LLaaejT.sj1jjry Area Variance Resolution To: Approve/Disapprove Applicant Name: Brian.Olesen File Number: PZ 260-2016 Location: 1540 State Route 9 Tax Map Number: 288.8-1-13 & 14 7,3A Meeting Date. Wednesday, December 21, 2016 The Zoning Board of Appeals of tile Town oll Queensbury has received an application from,Irian Olesen. Appli cant proposes renovation to existing 12,000 sq. ft. cornmercial building for use: as an indoor shooting range and retail firean-ns, store!. Applicant also proposes construction of a 1,200 sq. ft. addition. The applicant req'uests relief from the minimum front, sides, and�r setback requirements in the Commercial Intensive Zone. 179-3-040 EstAlishment of Districts —diniensional, requirernent CI zone The applicant proposes a 1,200 sq ; , addition and the Front is proposed at 513.6 ft where a 75 ft setback is required, side yard south proposed at 6.51 ft where 20 ft is required and rear,setback proposed, at 16.4 ft where 25 ft setback is required, SEQR Type IT—no further review required; A public hearing was advertised and held on Wednesday, December 21, 2016; Upon review of the application, materials, infbi-oration supplied during the public hearing, and upon consideration of the criteria specified in Section 17''9-14-0 i1(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PE '111E DRAl"I"AtOVIDED BY STAFF 1. There is, / is not an undesitable, change in the character of the neighborhood nor a detriment to nearby properties because I 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 vanance; is its 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, ft-om granting the requested variance would outweiLih (approv�al) / would be out)ygjgjN�l by,, _L&nial) 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; S. 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 FINDINGiS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE PZ 260-e)016 Brian ( n _)Iesen I troduced.by who,moved, for its adoption, seconded, by Duly adopted this 21"day of'December 2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Va Hance No.. P7,266-2016 Project Applicant: William A.Mason Project Location. 10 Seneca Drive,Ward 1 Parcel History: HP 94-572 Septic Alteration SEQR Type: Type 11 Meeting Date, December 2 1, 016 Description of Proposed Project: Applicant proposes construction of 768 sq., ft. second story addition and 56 sq., ft. for two entry landings to an existing 768 sq. ft. (footprint &floor area)home. Relief Required: The applicant requests relief from permeability, floor area ratio, and setbacks 179-3-040 Establishment of Districts—dimensional requirement WR zone The applicant proposes a 768 sq ft second story over the existing 768 sq ft main floor. The new constraction includes two landing,entry-ways where the:west at 32 sq ft is 6.,7 ft from the property fine and the second landing at 24 sq ft on,the southsi de is proposed to be 5,5 ft wbere a 10, ft setbaak,is required on all. sides of the property. In addition relief is requested for permeability where 64 % is proposed where 75% is required. Floor area, is proposed to be 68% based on the lot size where 22% is the maximurn allowed. Criteria for considering an Area Variance according to Chapter 267 of To In, making a determination,,,the board shall consider: L 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 appear limited as,a result of existing conditions and nature of the variance request. 3. Whether the requested area variance is substantial. The relief requested may be considered mo�derate to substantial relevant to the code. The relief for the entryway on the west property line 3.3 ft and on the south entryway is,4.5 ft. The permeability relief is in excess 1.1 % and the floor area also in excess of 46%. In regards to the Floor area—the;applicant has explained the parcel is part of an existing HOA where a majority of the 183 acres is common area for the association members—in addition the master plan indicates the 18.7 ac is,to be considered during the request for a house expansion with the HOA. 4. Whether the proposed variance will have an adverse effect or impactan the physical or environFaental conditions in the neighborhood or 4istriet. Minor impacts on the physical or environmental conditions in, theneighborhood, maay be anticipated. S. Whether the alleged difficulty was self created. The difficulty may be considered self-created. staff comments: The applicant proposes a 2nd story addition of 768 sq ft and two entry landin&s. The project occurs in the TAtindewide cottage development off of Cleverdale Rd. In 2003 the Planning Board adopted an MOU with Takundewide HOA outlining activities for futuredevelopment, The project is similar to other cottages on the site where the: increase floor area is the proposed 2 d floor mirroring the style of the other housing. The submission includes photos of the existing home and the floor plans with an elevation f the proposed addition. Zoning Board of Appeal'S Community Development Department Sfaff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 1280 l ) 761-8238 0,W; TOWY1 OF d ii0ONFILITY Area Variance Resolution To. Approve/ Disappiove Applicant Name: William A. Mason File Number: PZ 266-2016 Location: 10 Seneca Drive Tax.Map Number: 239-84-25 Z13A Meeting Date: Wednesday, December 21, 2016 The Zoning Board of Appeals of the 'Town of Queensbury has received an application from William, A. Mason. Applicant proposes construction of 768 sq. ft. second story addition and 56 sq. ft. for,two entry landings to an, existing 768 sq. ft, (footprint& floor area) home., The applicant requests relief frorn.permeability, floor area ratio, and setbacks. 179-,3-040 Establishment of Districts—dimensional requirement WR zone The applicant,proposes a 768 sq .ft second, story over the existing 768, sq ft inain floor. The new,constructin includes two landing entryways,where the west,at 32 sq ft is 6.7 f1.from the property line and the second landing, at 24 sq, ft on the southside is proposed to be 5.5 ft,where a 10 ft setback is required on.all sides of the property. In addition relief is requested for pemeability where 64 % is proposed where 75% is required. Floor area is proposed to be 68% based on the lot size where 221/4 is the maximum allowed. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, December 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: PEUt IIIE DRAFT PROY IDED 13Y STA11" L There: is / is not an undesirable change in, the character of the neighborhood nor a detriment, to nearby properties becau,se 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the recluest OR dare noLR9,§,�sible. 3, The requested variance is /is not substantial beta use 4. 'There is / is not an adverse im,pact 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 ftorn granting the requested variance L�� ammoutweigh (ai ; ov d Auld)uld be outweighed b�y (de!nial) the resulting detriment to the health, safety, d jj__ y�... an welfaire of the neighborhood or community; 7. The Board also finds that the variance request under 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 VAth this resolution, BASED ON THE ABOVE FINDINGS. I MAKE A MOTION TO APPROVE / DENYAREA VARIANCE, P7 266- Q 16, William, A, Mason, Introduced by_,who moved for its adoption, "gond d.by Dmy adopted this 2 1" day of December 2016 by the following vate-. AYES- NOES: Town of QueensbuTy Zoning Board of Appeals CommunIty Development Department Staff Notes Sign Variance No.. PZ 261-2016 Project Applicant: AJ SIGNS Project Location: 15,6 Quaker RoafJ,Ward 2 Parcel History. Dept. of Public Works- Warren County Road�,54 Perm ft No. 1617 expiration date 8/30/2016; BOTH 87-2016 filtestand ing sign; BOTH -201a wall sign, BP 2014-112 Com, I Alt,; BP 2012-027 C/O Pritnecare Playsicians.,PLLC, etc. SEQR Type: Unlisted Meeting Date: Decern ber 21,,2016 1),eKopoon.of Proposed Pra t; Applicant proposes to replace existing 50 sq. ft. monument sign with a new 48.1 sq. ft. sign that is 12.8 ft. tall. Sign is'to be placed in, right-of-way where the old sign was located with the additional 8.4 inches to be on owners property. [ReficlRequiLred] The applicant requests the following relief- Relief requested from mininium required,setbacks for such sign and a second sign. Proposed sign will have a zero lot line setback. Section 140-Signne Q1 zone The applicant proposes to install a 4'1 .1 sq ft sign that is to be: located 17.4 ft at the front property line to the road. In addition the sign will extend 8.4 inches onto the owner's property. The sign exceeds the 45 sq ft maximum allowed and does, not meet the 15 ft setback from the front property line. The applicant has received as Warren County DPW work permit to so a new sign, cannot be any closer to the mad as the current sign. Sign width total is &5 ft. In addition the site has an existing sign for Key Bank and this would be a second sign on the site. Criteria for considering a Sign Variance according to Chapter 267 of Town La�w] In making a determination,the board shall consider: L Whether an undesirable change ill be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance.Minimal impacts the neighborhood are anticipated. The applicant isretnoving the current sign and replacing with a new sign, 2. Whether the benefit sought by the applicant can be achieved by some method, feasiblefor the applicant to pursue, other than a sign variance. Feasible: alternatives may be possible to reduce the sign size and location. III regards to location the site is adjacent to the bike bridge and the applicant expressed concern on visibility f west bound traffic. 3. Whether the requested sign variance is substantial. The relief requested .may be considered substantial relevant to the code. The relief for the size of sign is 3.1 sq R in excess. Relief is requested to have two signs were only one is allowed. Also req1jested is the placement of the sign extending into the right of way, at 1.7.4 ft where relief is 14.3 ft, in excess plus 17.6 ft onto the row. 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 impact on the physical or environmental conditions of the district. 5. Whether the alleged difficulty was self created, The diflicult y may be considered self created. Staff'Comm, eats:1� The applicant proposes to update the signage on the site for St Peters,Health Partners, Albany Cardiology and CWT. Day services site. The sign will is proposed to be located in the same location as the previous sign with a larger,width and monument instead of a pole. The applicant intends to maintain the existing Key Bank sign as is. The submission shows the location of the signage and type of signage. Zoning Board of Appeals Community Development Department Staff Nofes Zoning Board of Appcals—Record of Itesolution "I"own of Quemsbuiy 742 Bay Road Qu"nsbury,NY 12804 (518) 761-8238 'IbLyn of(tyreem ury Sign Variance Resolution.To: Approve / Disapprove Applicant Name: AJ Signs for Midhael and Susan Kajdasz File Number., PZ 261-2016 Location: 156 Quaker Road (R,O.W. Warren County Dept. of Public Works) Tax Map Number. 302.7-1,-44 ZBA Meeting Date: Wednesday, December 21, 2016 The Zoning Board, of Appeals of t � he:Town of Queensbury has rece�iom AJ ved an application frSigns,, Aggnt.for Michael and Susan Kajdas for a variance from Chapter 140 of the Sign, Code of The,Town of Queensbury. Applicant proposes,to replace existing 5sq. ft, monument sign with a new 48.1 sq. ft. sign that.is 12.8 ft, tall. Sign is to be placed in right-of-way where the old sign was located with the additional 8.4 inches to be onowners property. The applicant requests the following lelief: Relief requested, ftom.minimum, required setbacks for such sign and a second sign. Proposed sign will have a zero lot line setback. Section 14th- i. nagg-Q1 zone The applicant, proposes to install a 48.1 sq ft sign that is to be located 17.4 ft at the front property line to the road. In addition the sign, will extend 8.4 inches onto the owner's property. The sign exceeds the 45 sq ft maximum, allowed and does not meet the 15 setback from the front property line. The: applicant has received a Warren County DPWwork permit to so as new sign cannot be: any closer to the road as the current sign. Sign width total. is 8.5 ft. In addition the site has an existing sign for Key Bank and this would be a second sign on the site. SER, Type. Unlisted [ Resolution / Action Required for SEQRj Motion regarding,Sign Varjauce No. PZ 261,-2016 ,AJ Signs, ,Agent for Michael and Susan Kajdasz 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 this 2 1". day of December 2016, 'ley the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday,December 21, 21116; Upon review of the application rnaterials, information supplied during the public hearing, and upon consideration of the criteria specified in Section, 179-14-080(A) of the Qu,eensbury Town Code and Chapter 267 of"NYS Town Law and afte�r discussion and dtliberation. 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 benerit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an sign variance? INSERTRESPONSE 1 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 :RE SPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE & In addition the Board finds that the benefit to 'the applicant from granting the requested variance would outWq:!gh/would be outweighed by the resulting detriment to the health, safety and welfareof 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/ TES '" Sinn ' ariance PZ 261-2016 AJ Signs,-Agent for Michael and Susan Kajdasz, Introduced by_, who moved for its adoption, seconded by-: As per the resolution prepared by staffwith 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: fia,me 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 anyaction until the APA's review is completed; D. Final approved plans in compliance with an approved variance must be submitted to,the Cornmunity Development Department before any further review by the ZoningAdministrator or Building & codes personnel' F. 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 Cornmunity Development Department t�he applicant can apply for a sign permit unless the proposed project requires review, approval, or permit fi-om the Town Planning Board and/or the Adirondack Park Agenoy, Lake George Park Commission or other State agency or department. Duly adopted this 21g` day of December 2016,by the following vote AYES: NOES: Town of Que,ensb,ury Zoning Board of Appls Community Development Department STaff Notes Use Varianee No.. PZ 264-2016 P roj cc(Ap plican t. MR Imperial Homes-Gregory T. Hewlett Pr0ject 'LGCRt1'o11'* 128 ,Sunnysjde.RoafJ,Ward I Parcel,History: RC 754-2016 SEQ R Type- Type II Meetinate: December 21, 2016 Description of Proposed Project:' Applicant proposes placement of a 16 ft. by 68 ft. mobile home on parcel that is not within a Mobile Home Overlay District. 1�Relief,Re:q aired j The applicant requests the following relief. Relief requested from placement of a mobile home in the MDR zoning district and outside of a Mobile Horne Overlay Zone. Section mobile home 139-4-020-mobile home overlav district The applicant proposes,to place a mobile home on a parcel that is not within the mobile home overlay district Lri—teria for,consideringa Use Variance according to Chapter 267 of Town LAW— In making a determination, the board shall considei-� I. Whether the applicant cannot realize a reasonable return, provided that return is substantial as demonstrated by competent financial evidence. The applicartt has indicated the property was purchase in 2004 for$38,000 and sold in 2015 for $28,000. The letter provided by the Real Estate Sales Associate explained the average market listing is 1,35 days and the property has exceeded,this by four times the amount of time X540 +/- days). The site was marketed for a 1,350 sq ft to-build ranch,home at $211,992. �2. Whether the alleged hardship relating to the property in question is unique, and does not apply to a substantial. portion of the district or neighbo,rhood., The applicant has supplied information from a Real Estate Sales Associate who has suggested the site be marketed f a manufactured home. The: Sales Associate has indicated the property has been on the,market:for 1.7 months at a competitive price and potential buyers became disinterested after seeing the surrounding neighborhood. Noting the neighborhood consisted of manufactured homes and some small unimproved home that had excess wear and tear. 3. That the requested Use Variance, if granted will not alter the essential character of the neighborhood. The applicant has indicated the surrounding neighborhood contains smaller hornes and includes a pre existing, manufactured home. The applicant has explained that construction of a new home or placement of a modular home would exceed the market value of the existing neighborhood. The applicant has listed,the allowed uses in the zone and the viability where most uses would not be supported by the lot size and specific residential uses (Stick- built or modular) would require a higher valuation than the prop",worth. 4. Wbether the alleged difficulty was self created. T.he difficulty may be considered self created,. Staff corrrrnents .I The applicant proposes to place:a 16 x68 sq R manufactured home on the site where the previous mobile:hal. 'been removed from the site. The applicant has explained the neighborhood consists,of small er homes and granted the use variance would allows for the placement of the mobile home on the site and associated septic and wall. Zoning Board of Appeals Community Development Department Staff Notes Zoning,Board of Appeals—Record of Resoldion Town of Queensbury 742 Bay Roa,d Qtieensbury,'NY 12804 (51 8) 761-$238 Tomp dQ11a.1'ribury Use Variance Resolution To: Approve / Disapprove Applicant Name: MH Imperial Homes—Gregory T. Hewlett. File Number: PZ 264-2016 Location: 128 Sunnyside Road Tax ,Mrap Number: 290.5-1- 55 BA Meeting Date: Wednesday, December 21, 2016 The Zoning Board of Appeals of the Town of Queensbury has,received an application from MH imperial Homes — Gregory T. Hewlett for a variance of Section(s) 179-4-020 of theZoning Code of The Town of Queen Bary. Applicant proposes placement of a 16,R, by 68 ,ft, mobile home on parcel that is not within a Mobile Home Overlay District. The applicant requests the following relief. Relief requested from placement of a mobile home in the MDR zoning district and outside,of a Mobile Home Overlay zone. Section mobile home 179-4-020—mobile home overlay district The applicant proposes,to place a mobile home on a parcel that is not,within the mobile home overlay district The four(41) criteria usually associated with a Use Variance are: L) That the proposed improvement is a public necessity in that it is required to tender safe and adequate service. It is our finding that. 2) That there are compelling reasons, economic and otherwise, for permitting the variance. It is our finding that: 3.) Where the intrusion or burden on the community is in inima,l, the showing required by the utility should be correspondingly reduced. It is our finding that. Based upon ourfindings above, we hereby, determine drat the applicant [ HAS HAS NOT demonstrated that the applicable zoning regulations and restrictions have caused unnecessary hardship. [ (Note: use thefiollowing only when approving, a use variance.) The Board finds that the variance under consideration is the ,mininium necessary and adequate to address the unnecessary hardship provenby the applicant and at the sarne tine preserve and protect the character of the neighborhood and the health, safety and welfare e of the community, I Based 'pari u on all of the above, I move that,this Board [ Approve Deny Useanoe PZ 264-2016, P MH Imperial Homes,—Gregory T. Hewlett with the following conditions. ............ Duly adopted, this 2 1" day of December 2016,, by the ollowing vote: AYES- NOES: