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Staff Notes - Complete Staff Notes, IncludesAgenda, Draft ZBA Resolutions ZBA Meeting Wednesday, February 15, 20 17 Queensbury Zoning Board of Appeals Agenda Meefing: Wednesday, February 15, 2017 TIme, 720- 11:00 pm Qu nsbury ury Activifie 5 Center— 742 Bay R oa d Agenda subject to change and may be found at: www.queensbury.net Approval of mecting rn intttes,„ January 18, 2017' KEW,RUSl,Nr,$S. Applicant(s) Ronald&Cyolhia Mackowiak Arco Voriance No Z-AV-9-2017 Owner(s) Ronald&Cynthia MaclkowirA ST RA Ty ,c 11 Aggnt(s)............... Hutchins Fil itieerlrg—Luras Dobie Lai Size 0.132 acres Location 9 Glcn Hall Drive Zoning WR Ward No. Word I '17OX Id No 289.11-1-33 Section 179-5-020 Cross Ref P-SII-9-2017;BOTH 176-2015 Septic Alt.; Warren County Planning nia CTP'201"M demo most of resi dunc�-,BP 2014-392 Rus. Add.&AIC and bmillont;�BP 201.4-024 dk)ok Public [learing February 15,2017 J Aldi rondat Ik Pork Agtna_ n1a Project TItscription- Applicant proposes construction of a 440 sq,ft.detached garagc,.Prqjcul is also at second garage as existing,290 sq,& canvas shed is to remain.Relief requestedCrani rninimum 5ctbqwk mcguiromertis oath rot a second garage. Hanning Board; Site Pion Rc%,icw rc_qu Ire L Applicant(5) New Cingplar Wireless,PCS,LLC ,�T�i C Ilse Variance: No ZUV-1-2017 Owner(s) Kubricky ConstrLlClion Corp. - 5E IXVe Unlisted _69�73t$' -phi HiRs LytIc LLP- Thomas F.Puchncr,Esq. TO—isize 9.23 Acre(s) Location 1359 Ridge Road Zoning MDR Ward No. Ward I Tax lei No 279,00-149 i Section 179-5-1301C Cross Ror P-SP-1 2,,2017,UV 57-2015 expired approval; Warren County Planoin'g February 2017 SP 55-2015 Public Mating February 15,2017 Adirondack Park Agcoey 11 ALD Project Description: Appliountproposcs instellatiori oind operation Ora 130-lbot wireless telccommunivations 14cility and related eqvipimot.on as vacant parcel- Raiierregpested from restriction for placement ora tcleournmunicaliom tower i1g,MDR zoninf district MaEy'Sotanski Area Variance No Z-AV40-2017 Owfles) Mary Sotanski 1;<A"1 11 — _tNIants rVa Lot Size 4.87 acres Location 21 1 filand OrIve Zoning RR-IA Ward No, Ward I Tax Irl No 290,10-1-0 Scotion 179'-3-040 Cross Ref P-SH,Prel.2-2017, P-SB Final.3-2017;B11 Warren,County Planning n/a 2004-640 Addition&Alterations;BP 4049 6 V.u blic 11carlag February 15,2017 Adirondack Park,Agync,y n/a — Project Description: Applicant proposes a,two-lot subJJ%,[,Sk)O of 4T acre parcel into one'lot of 1.87 acres and one lot of 3 acres to,be retained by owner w[th existing single-family rosi,(Wuce, Relief requested from ininimuni lot size rcquiremonls for the newly created lots. P I anning Board-_ Subdivision Review for mu lot subdivision. Page I of3 Queensbury Zoning Board of Appeals Agenda Meeling: Wednesday, February 15, 2017 Time: 7:00- 11:00,pm teensbu'ry Activities Center-742 Bay Rood Agenda subject' to�:honge sand may be found at. www.queerisbury.net Applicant(s) DISC Holdings, Inc. -I Area Va ria nee No Z- V-9-2017 O,wner(s) DKC Holdings,Ina- SC rt Type Agento) VanDuscn and Stevcs l(A t S i yi-, Lot 30: 12,000 sq.%,Lut 29: Location 63 Illinois Avenue Zoning NR Ward No. Ward 4 Tax Id,No 109.9-1-30 and 29 Section Cross ftef P346,yr, 1980 mobi Ic home Warren County Plj!!niur n1a. PU I I ic Hearing February 15,2017 Adiro ad a ek Park Agency Ida Project Dowriptioo, ,applicant proposes a lot fine adjustment for tivo,existing parcels_ Parcel 3094-1-30 existing is,12,000 sq-ft-and to be reO oced to 7,500 sq.ft, Adjoining parcel 309.9-1-29 existing 3,000 sq,ft.to be increased to 7,5 00 sq.R. Re I ie r re"e,%ted fbr furtherance ofanonouflforni.in lot. App kant(s) Stephen&Car LaFleche Aren Variance No Z-AV-1 1-2017 Stephen&Ca. n LaFkThcF 1�, 1�pe H _1�_IL _ Agent(s) tennis MacEI:Ty,Env,Desi tr Tartar rshi Lot Size Location 12 Wmtcrs rldgo D(ivo Zoning WR Ward No. wurd I TaxId No 22'7.17-1-29 Seetion 17q-3-040' i79mm13=010 Cross Ref BP 2010-553 Boathouse, B?2,0 1l0-539 Demo Warren County Planning Fcbmary 2017 of Boathouse-,BP 20 -135 Septic All.;RP 20,09-567'Res. Alt, Pubtic lle-an"M" February.15 200 Adirondaek Pa Agency ALD Project Descri ptio n: Appli rant proposes W reiiovate a 697 sq.ft.floor area portion of the see md floor of an existing home. The Pew construction on the norrilleast side and shoreline does not meet the required sobaolks, Reliefrequested fivin minimum setback requirements for the WK zoning district. Planning.Board: Site Plan Review required f'or expansion ofa nonconforming structure in a Critical, Envimnrnental Area. Alipfiennt(s) Srhorknc Morebouse Area Variance No Z-A'V-7-2017 wroe Sharlene Morchouse 8' MA'ryVe 11 Agent(s) nla Lot Size 0.18 4wres Location 497 Sherman Avenue 'awning MDIk Ward No. Ward 4 Tax Id No 308.8-2-12 Section 179-3-040 Crass Ref BP 208-313 Gs, Md.itjon,—131"2004-240 2- 7—Warren County Planning, n/a cot dot,(rarage,BE'95-184 above ground 1�qolj 6P 8943�212 Alterations- AV'5.3-2008 Park ency I-ebruary [,5,' dirondac It Ag Pub, I ' I n/a Projcct Description: Appl icant proposes construction of a, 150 sq. ft.rusideridal addition(dining room)to an ex Wing 1,080 Sq. It.hole. 11e project includes a 120 sq., R.portion of the 4[ ing area that is exist i rig and to be removed,titan rewostructed with a 30 sq.ft.,addition,, n, riew lbmrint—630 sq.ft., Re lief requested from minimum se!ha�re uir�ernems for the MDR zovingdistrict- Page 2 ot'l Queensbury Zoning Board' of Appeals Agenda Meeting. Wednesday, February 15, 201,E Time. 7-00- 11:00 Prn Queensbury Activifies Center—x42 Bay Road agenda subject to change and may be found ot., www.queens'bury.net Apv,licantMichael Knidus Area VOrriance No Z- V-6-2011 Owner 51 Michael Kaidas L SEQRA jy2L_ 11 Agent(s) kida Lot Size 0.91 acres Location 119 Scelyc Road Zoning WR Word No. Ward I Tale 114 No 227.17-1-50Seet:inn 17'9 3-11411 Cross Ref 7-,-AV-5-2017 (gazebo anal lot line Warren County Planning Fcbruary2017 .1 Ad Ustment) 1'aadrldc dleaarin February 15,2017 Ad ironda ck jlaEh�rt rna � ALD Project Descriplion: Applicant proposes dcrnolition ofl,345sq_ ft-wood frame ho.nic and to leave the stone rirerlace- Alae project involves a lot line adju stmunt with The edJoining lot, 119 Seelye Road existing lot size is 0.93 uores awned will be reduced to 0.89 acres. The Tiow lot lino places the steams~fireplace on parcel 227.17-149,(113 Scelyc Road)where the lot size is 0.93 acres and aril I be inoteesed 14)0.96 acres- Re]ie r reg nested from ruini mum,lot size requirenicnis For Ibc WR wain distflet. Applicant(s) MiCNWI Kaidos A rest Var�ia nce No Z-A'V-5-2017 Ownw sl Michael Kaidas RA TV oo 11 Agent(s) n/A Lot sizx 0.90 acres I'Deflition t 13 Seelye Road Zoning WR Ward No. Ward 1 Tax I—d No 217,17-1,49 Section 179-3-041) Cross Ref Z.-AV-6-2017(lot I i tic adjustalf Y Planni g.......... F0 tebrualy 27 ub!!c�� FC13TLIag� 15.2011 Ad imndack Park Agency ALD Project Deseriplion: Applicant pmposeS 00115trUCtion of a 250 sq.ft,upon gvebo utilizing the:existing stone FITeplavo.The prt�ject involves a lot line adjustment with Ilio adjoining lot; 119 Soelyo Road existing tot size is 0.93acrcs and will be reduced to 0.89 acres. 'rho new lot Zinc pkv os the stone JIMPIOCo on parcel 227-17-1-49(113 Seel ye Road)where the lot.,size is 0.93,acres and will be increased to 0.96 acres. Rc lic f req uested rrom rroio[roum setback,re uireraaents-for the jazebo in the WR 1,011ing district. Any finiher business that the Chairman determines may be ptoperly Drought before the Zoning Board ofApPeals. Revised Version; 0 1,27 2017 A(coffectLd date I&Wf Y PL: Z-UV-1-201.7) Final V`eT,.ijojj, 01,2(120 17 MLMisli Page 3 of 3 Town of Queensbury Zoning Board of Appeals Community Development. Department 'Staff Notes Area Variance No.: 8-20,17 Project Applicant: Ronald & Cynthia Mackowiak Project Location- 9 Glen Hall Drive Meeting Date- February 15, 2017 SEQR Type: Type 11 Description of'Propose Applicant proposes construction of a 440 sq. ft. detached garage. Project is also a second garage as existing 290 sq. ft. canvas shed is to,remain. Relief requested from minimum setback requirements and for a,second garage. Plartning Board: Site Plan Review required as freestanding structure is located within 50, ft, of slopes that are in excess of 1.5 percent. Relief Req:u ired J The applicant requests relief from the minirnum setback requirements and for a second garage. Section 179-3-040 establishment of districts dimensional requirements, — Waterfront Residential Zone - WR The new garage is to be located 5 ft., on the north, 6.5 �ft, on the south side and where a 20 ft. setback is required and 12 ft on the east where a 30 11 setba.& is required, 'epi 17�9�- -02 amcce t u r e A detached second garage, is proposed,where only one garage is allowed Criteria f6r considering on Area Variance according to Chapter 267 of Tow In making a determination, the board shall consider: 'I. Whether an undesinable 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. A few neighboring properties,also have garages. ,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 due to the configuration of the parcel and the existing home on the site. Possible alternatives could be considered to renovate the garage storing boat items although case of access to the home would be limited. 3, Whether the mquested area variance is substantial. The relief requested may be considered substantial relevant to the code. Where relief is requested for having two garages and, only one is allowed. The setback relief would be considered substw,itial also where 1.5 ft relief ror north, 13.5 from the south side and 18 ft from the east 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 may be considered to have minimal impact on the physical or the environmental conditions, of the area. The plans include ston'riwater measures gutter downspout and infiltration; also shown is a boulder wall along the north side of the buil dingL' 5. Whether the alleged difficulty was self-created. The difficulty rr�ay be considered self-created. staff coin The applicant proposes to construct a, 440 sqft. second garage on a 0.81 acre parcel that has an existing home. The applicant proposes, to maintain the portable garage structure on the site for storage of the boat. The applicant intends to, itmove canvas shed as part of the project as shown on the plans. The project is a]so subject to site plan review due to the location of'steeps slopes near the site. Parcel History ( on structionIsite plaulvarbmee, Ote-Y J P-SP-9-2017; SP 9-2014 garage/addition/septic; 74-20,14 garage; PZ 59-2016 garage BOTJ4 376-2015 Septic Alt.; BP 2015-058 demo most of residence; BP 2014-392 Res. Add. & Alt. and basement,; BP 2014-029 dock Zoning Board of Appeals Commun[ty Development Department Staff Notes Zoning Board of Appeals–Record of Resolution Town of Queensbury 742 Bay Road, Queensbury,NY 12804 (51 8) 761-8238 Talvra Cyr("Lucertsbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Ronald &Cynthia Mackowiak File Number: Z-AV-8-2017 Location,- 9 Glen Hall Drive Tax Map Number: 289.11-1-33, ZHA Mecting Date: Wednesday,February 15, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application fi-om Ronald & Cynthia Mackowia R� , Applicantproposes construction of a 440 s+ ft. detached garage.Project is also a second garage as existing 290 sq. fl. canvas shed is to remain. Relief requested from ininimum setback requirements and fora.second garage. Planning Board- Site:Plan review required as freestanding structure is located within 50 1 . ofslopes that are in excess of 15 percent. 'I"he applicant.requests relief from the minimum setback requirements,and for a second garage. e i n I - :249-&�.Uhlnent ofwawrf ,yont FpsidprilialZpi -WR —--je The,new garage is to be located 5 ft. on the north, 6.5 ft. on the south side and where a 20 ft., setback is required,and 12 ft. on the east where a 30 ft setback is required. 5 c rej,jQ11 I 7 --5 A- 20 gepegM struclures -ggrugg, A detached second garage; is proposed, where only one garage is allowed. SEQR Type 1T–no farther review required;, A public hearing was advertised and held on Wednesday, Februm 15, 2017-5 Upon review of the application materials, information. supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-1080(A) of'the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows, l"T",R"ITH', DRAFT PROVIDI'll) 13Y STAJaj` L 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 res 9noble jn ' a to minimize the request OIC are not possible. 3. The requested variance is I is not substantial because 4. There is/ is not an adverse impact on the physical or environmental conditions in the neighborhood or district? S. Is the alleged difficulty is I',is not self-created because 6In addition the Board finds that the benefit to the applicant Froin granting the requested variance Would outweigh k 9,Porol Y-46,-LYmid—tMA ji J&tL 4 �y .1w ,q. eni,a,j,) the resulting detriment to the health, safety and welfare of the: yg _,(�j neighborhood or commurtity', 7. The Soard also,finds that the variance request ander 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,resolutian. BASED ON THE ABOVE FINDINGS, 1. MAKE A MOTION TO APPROVE / DENY AREA VARIANCE Z-AV-8-2017. Ronald &Cynthia Mackowiak, Introduced by , who moved for its adoption, seconded by Duly adopted this 15'h day of February 2017 by the following vote- AYES., NOES: Town of Queensbury Zoning Board of Appeals Commun[ty Development Departmeni Staff Notes U'se Variance No.. 1-2017 Project Applicant: New Cingular Wireless,, PCS, LLC (AT&T) Project Location: 1.359 Ridge:Road, Queensbury/MDR Zone Parcel History UV 57-201,5, SP 55-2015 (expired approvals) P'-SP 1.2-2017' SEAR Type: Unlisted Meeting Date; February 15,2017 De.S,CE!E!!M,of'PMoscd, Applicant proposes installation and operation of a 130-foot wireless telecommunications facility and related equipment on a vacant parcel. Relief requested from restriction for placement of a telecommunications tower in a MDR.zoning district Relief Required,. j Parcel will require a use variances as follows,. 179-5-130 Telecarm-nunication.Towers—desinated areas where relief is requested.to locate the tower in a MDR zone that is not one of the allowed zones lot a new cell tower location. Criteria for considering an Area Variance according to Chapter 267 of Tow In making a determination, the board shall consider. The four. (4) criteria usually associated with a use variance are different in this case, Verizon Wireless is consider a public utility under New York decisional law (Cellular Telephone Company v. Rosenberg, 82N,Y 2d 364(1993) and, a provider of"personal wireless service3"' under the Telecommunications.Act of 1996. As a result of these decisions, the following are to be shown by the public utility in order to gain a use vanian.ee- L) That the .proposed improvement is a public necessity in that it is required to render safe and adequate service. The applicant has provided detail information about the gap in service of this area and the ability to place a structure with minimal impact to the surrounding area. 2.) That there are compelling reasons, economic and otherwise,for permitting the variance. The applicant has provided that,service:gap will be reduced by the placement of the structure and the height of the structure 3.) Where the infrusion or burden on, the community is minimal, the showing required by the utility should be correspondingly reduced. The applicant has provided site evaluation materials as outlined, in the code. In addition the applicant has been working with the APA with site and environmental review process. The applicant's project may be considered to be at a minimal and still provide the capacity needed, for the area of coverage, Staff COM The applicant proposes to utilize a 10,000 sq. ft. area to install a 130 ft. monopole cellular tower and associated equipment The applicant has indicated that the area, will, be fenced in with a 40 x 60 ft. area and to include an equipment shelter and a generator, The site is a new cell tower and is subject to a use variance for utility usage. The application provides details, of reviewing sites that have an existing tower for shared use and, locating in areas that allow new towers where neither met the needs of placeinent of a new tower, The applicant has provided a visual analysis and gap coverage maps. The project is located in the Adirondack Park where the ,AP'A has requested the applicant add, to the top of the 'tower a tree firnb appearance. The applicant is also completing the necessary materials for NYSDEC as the project site has an existing mining permit that is subject to modification with.the DEC. Zoning Board of Appeals Community Dervelopmenf Department Staff Notes Zoning Board of Appeah—Record of Resolution Townof Queeiisbuiy 742 Bay Road Qu"iisbuiy,NY 12804 (518) 761-8238 Rmn dQ1,p"'foskiry Use Variance Resolution To: Approve /Disapprove Applicant Name: New Cingular Wireless, PCS, LLC (AT&T). File Number: Z-OV-1-20,17 Location: 1359 Ridge Road Tax Map Number,: 279.00-1-48 Z13A Meeting Date: Wednesday, February 15, 2017 The Zoning Board of Appeals of the Towyn of Queensbury has received an, application from New Cingular Wireless, 11CS, LLC (AT&T). Applicant proposes, installation and operation of 1 0-foot wireless telecommunications facility and related equipment on a vacant parcel. Relief requested from restriction for placement of a telecorninunications tower in a MDR zoning district Parcel will requite a use variances as follows': 179,-5-130 'f'elecommunica�tioti Towers,—designated ,area where relief is requested to locate the tower in a MDR zone that is not one of the a]lowed zones for a new cell tower,location The four (4) criteria usually associated with a Use Variance are., I.) That the proposed improvement is a public,necessity in that it is required to render safe and adequate service. It is our finding that: 2.) That there are:compelling ieasons, economic and otherwise, for permitting the variance. It is our finding'that: 3.) Where the intrusion or burden on the community is minimal, the showing required by the utility should be correspondingly reduced. It is our finding that- Based upon our findings, above, we hereby determine that the applicant [ HAS ] [ HAS NOT j demonstrated that the applicable zoning regulations and restrictions have caused unnecessary hardship. 'cel .° use thefiollowinon4when,approving a use variance.) The Board finds that the variance under consideration is the minimum necessary and adequate to address,the unnecessary hardship proven by the applicant arid. at the same time preserve and protect,the character of the neighborhood and the health, safety and welfare of the community, I Based upon all of the above, I move that this Board [ Approve Deny] Use Variance No. Z-U'V-1­ 2017 New Cingular Wireless, PCS, LLC (AT&T), with the following conditions: Duly adopted this 15'6 day of February, 201'7, by the fol lowing vote: AYES: NOES. Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 10-2017 Project Applicant: Mary Sotariski Project Location- 21 Hiland Drive kSEQR Type- Type 11 Meeting Dater: February 15, 2017 Description of Proposed applicant proposes,a two-lot subdivision of a 4.187 acre parcel into one I at of 1.87' acres and one lot of 3 acres to be retained by owner with existing single-family residen.ce. Relief requested from minimum lot size requirements for the newly created lots. Planning Board: Subdivision Review for two lot subdivision. Relief Required: The applicant request relief from minimurn. lot size require�ments for,the,Rural Residential 3 ac zoning. Section 179-3-040 Establishments of District Dimensional requirements, The RR-3a, zone requires. 3 acres per lot. The applicant proposes to maintain an existing home on lot I at 3.00 ac and lot at 1.87 ac. Criteria for considering an Area Variance according to Cha ter 267,of Town Law. fn making Or determination,the board shall consider: 1. Whether an undesirable change will be produced in the ebaratter 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 the lots are similar sizes to the adjoining parcels along the same street. 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, due to the size of the lot and the zoning requirements for development. 3. Whether the requested area variance is substantial. The relief requested may be considered, substantial relevant to the code, Where relief requested for the new lot of 1.87 ac is 1.13 ac. 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 may have minimal impact on the physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Parcel History(constructionisite plan/variance,cls.J) P- 13 Prd, 2-2017; P-SB Final 3-2017;BP 2004-640 Addition &Alterations; BP 4049 SFD yr 197'6 IstaffCOMFniig The applicant pi-opuses to maintain the existing home on, the 3 ac parcel and the, 1 87 ac of vacant land to be, sold. The applicant is requesting from the planning board a waiver for providing information on the location of the home, septic and well for the vacant lot. The applicant has shown the proposed vacant lot has a buildable area of 7,524 sq ft and the 100 It setback requirernents of the zone. Zoning Boas d of Appeals Community Development DepcOmerpt Staff Notes Zoning Board of Appeals— Record of Resolution bury 742 Bay Road Queensbury, NY 12804 (518 761-8238 Town of Queens Area Variance Resolution Tou: Approve / Disapprove Applicant Name. Mary Sotanski File Number: Z-AV-10-2017 Location: 21 Hiland Drive Tax Map Number: 0.10-1-6 ZBA Meeting Date: 'February 15, 2 017 The,Zoning Board of Appeals of the Town of Queensbury has received an application from Mary Sotanski, Applicant proposes a two-lotsubdivision of a,4.87 acre parcel into one lot of.1.97 acres,and one lot of,3 acres to be retained by owner with existing single-family residence. Relief requested from minimum lot size requiremants for the newly oreated lints. Planning B=-d: Subdivision Review fortwo lot subdivision. Relief Required: The applicant request relief from minimum lot size requirements for the Rural Residential 3 acre zoning. Section 179-3-040 Establishments,of District Dimensional requirements. The 1 R-3a zone requires 3 acres per lot. The applicant proposes to maintain an existing horne, on lot I at 3,00 ac and lot 2 at 1.87 ac. SEER Type II—no further review required, A public hearing was advertised and,held.an Si ednesday. S ,yp!L�jLary L _LQ 1.J; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-090{A) of the Queensbury Town Code and, Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: "n 13Y S"I'A[T 1, There; j%,Zj1§ gfg an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternativeg are, and have, been considered by the Board, are re, a,'.aijqbl9 and hay, gn included, 5 y to minimi n the request OR am not Ws ;3.r The requested variance is I is,not substantial 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 no self-created because 6. In addition the Board finds that the benefit, to the applicant from granting the requested variance (approval) i 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 varianoa request under oon5ideration is the minimum necessary; S. I'he Board also proposesthe following conditions: a) b) c) Adherence to the items owfined in the follow-up letter sent with,this resolution BAON THE ABOVE FINDINGS, I I E A MOTION IC)AVPRQ�ffi LQENY AREAVARIANCE N0. ,Z-AV-10-2017, Mary Sotanski, Jntro,&=,d by who moved for its adoption, seconded by Duly adopted time 15":' day of February 2017 by tine fol low in vote: AYES, NOES: Town of Queensbury, Zoning Board of Appeals Community Development Department to Notes ,Area Variance No.: 9-2017 Project Applicant: DKC Holdings,Inc. Project JAC26011: 63 IffiRois Avenue SEQR Type 11 Meeting Date. Feb rua ry 1.5, 017 es r`:iptian of Proposed Applicant proposes a lot line adjustment for two existing parcels, Parcel 309',9-1-30 existing is 12,000 sq. ft. and. to be reduced to 7,500 sq. ft. Adjoining parce 13 09.9-1-29 cxi sti ng 3,000 sq, ft.to be increased to 7,500 sq. ft. Relief requested for furtherance of a nonconf6rming lot. Relief Req The,applicant request relief'for furtherance of a nonoonforining lot in the Neigliborhood. Residential Zone. Section 179-3-040 establishment of districts dimensional rwu nt f mm 'R The applicant proposes a lot line adjustment to create a 7,500 sq ft parcel where 0.5 ac is required for lots that do not have access to sewer and water-site has-access to water. criteria for considering an Area Variance according to Chapter 267 of Town lGaw; 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 may be considered to have little to no impact on the neighboring properties as the lots are being adjusted for size to create lots that have enough room to place a home�and.utilities. 2. Whether the benefit sought by the applicant can he athieved by some method, feasible for time applicant to pursue, other than an area vartance. Feasible alternatives may be limited due to the size of the existing parcels where one lot is becoming more conforming: but both parcels, will be undersized for the Toning requirem"m 3. Whether the requested area variance is substantial. The relief requested may be considered moderat:e. Parcel 309.9-1-30 is 12,000 sq ft and being reduced to 7,500 sq ft where 0.5 ac (21, 780 sq ft). Relief requested is 1.4,280 sq ft, 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 may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difiriculty wits self-created. The difficulty may be considered self-created. staff r~a�trmar►ts: 'I"he applicant proposes a Oct line adjustment between two pap-Qek where Parcel 309,9-1-30 will be rediAced from 12,000 to 7,500 sq ft. The applicant proposes to have two,pai-Qds at 7,500 sq ft,to accommodate two new homes. . ..........— Pamel.Historr " (cn st ruction/site plan/variance,etcl. j. P346 yr. 19btu mobile home Zon'!'nV--- Board of Apmeals I*, Community Development DepcOment Staff Notes Zonfng Board of Appeals— Record of Resotution 'Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Area Varianace Resolution To: Approve/Disapprove Applicant Name: DKC Holdings,,Inc. File Natuber: Z-A'V-9-2017 Location: 63 Illinois Avenue Tax Map Number: 309.9-1-30 and 2.9 ZJ3A Meeting Date: Wednesday, February 15, b17 The Zoning Board of Appeals of the Town of Queensbury has,received, an application from DKC Holding$,Inc. Applicant proposes a lot ]in(-,a4justment for two existing parcels. Parcel 3O9.9-1-30 existing is 12,000 sq. ft, and to be .reduced to 7,500 sq. ft. Adjoining parcel 309.9-1-29 existing 3,000 sq. ft. to be increased to 7,500 sq. ft. Relief requested for fartherance of a nonconforming lot. The applicant request relief for f-urthoranee of a noncanfortning lot it the Neighborhood Residential Zone. Soption 179-3-040 establishment of districts dimensional requirements,'for NR The applicant proposes a lot liii.e adjustinent to,create a 7,500 sq, & parcel where 0.5 aQ is required for lots that do not have aocess to sewer and water—site:has access to water. SE-QR Type 11 —no further review required; .A public hearing was advertised and held on Wednesday, FebruaEy 15, 201,71 ; Upon review of the application materials, infonnation supplied during the public hearing, and upon oonsideration of the r,riter ia.sped fied in Sedion 179-14-08O of the Queensbury Town Code and Chapter 26 7 of NY S Town Law and after discussion and deliberation,we fi nd as fol lows. PER ,rim DRAFT1)W)V11),ED HN STMT 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 b�y the Board, tire reasonah ble and. avebeen.inc ude L_A tp ni i n in:i,j Kqjhqgqq�mg OR are not Possible. 3. The requested variance is/is not substantial because 4. There is js not an adverse impact on the physical or environmental conditions in the neighborhood,or districts' 5. Is,the alleged,diffiicuttis/is,not self-created because 6. In addition the Board finds that, the benefit to the applicant from granting the requested variance would Gutwei h _2MjAj6jhed by (denial) the resulting detriment to the litalth, saftly and welfare of the neighborhood or community; 7. The Board,also Finds that:the variance request under consideration is,the minimum necessary; The Board also proposes flie following conditions- a) G) Adherence to the items outlined in the follow-up letter sent with this resolution. .BAED ON THE ABO VE ENDINGS. I MAKE A MOTION TO APPROVE / �, - 9-2017, DKC Holdings, Inc., Introduced by who moved for its,adv tion, seconded by Daly adopted,this 15'h day of February 2017 by the following vow— AYE& NOES: Town of Queensbury Zoning Board of Appeals Com m unity Development De pa rtment Staff Notes Area Variance No., 1 1-2017 Project Applicant: Stephen & Caryn LA Fleche Project Location: 12 Waters Edge Drive SrMR Type- T'Ype'11 Meeting Date: Februai-y 15,2017 of Proposed Applicant proposes to renovate a 697 sq. ft. floor area portion o°f the second floor of an existing iiome. The new construction on the northeast side and shoreline does not meet the required setbacks. Relief requested fi-orn minimum setback requirements for the WR,zoning district. Planning Board. Site Plan Review required for expansion of a nonconforming structure in a.Critical Environmental Area. Relief Req tdre The applicant request relief from minimum setback reqWternents for the WR zoning district. Section 179-3-040 establishment of districts dimensional requirements The applicant proposes to renovate a second floor area of an existing home, The,new construction area is to be 697 sq. ft. where proposed to be 29.5 ft. from the shoreline where a 50 ft, set back is required an 8.1 ft. from the east side property line where a 15 setback is required. Cr,iterua for considering an Area Variance according to Chapter 267 ofT'owrn Lair: In making a determination,the board shall consider: I. 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 he achieved by some Fnethod, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the design.of the home and location on the site, 3. Whether the requested area valiance is substantial. The rel ief requested mai be considered moderate relevant to the code. Relief is requested for shoreline of 20.5 ft. and 6.9 ft. for the east property line. 4. Wbetber the proposed variance will have an adverse effect or impact on the physical or environmental conditions in (lie neig'h borbood or district., Minor,to no i in pact to the physical or environmental conditions in the neighborhood rtiay bf,anticipated. Whether the alkged difficulty was,self-created. The difficulty may be considered self-created staff c"OMM Applicant proposes to renovate the second floor of an existing home. Floor area existing on second floor is 474 sq. ft. and existin garage storage is 232 sq. ft. Proposed secand,floor with addition(3 6+/- ft. x 5 +/- ft.)is 697 sq. ft. with removal of floor area,storage above garage. The 2nd floor addition allows for 2nd floor bedroom expansion and I st floor bedroom expansion—total 3 bedrooms. Project inc tudes,site work to instal I permeable pavers. Parcel History (construction/site planlvariance, BP 201.0-55 3 Boathouse; BP 2010-539 Derno of Boathouse; BP 2009-13 5 Septic Alt.; BP 21108-567 Res, Alt, Zoning Board OT" Appeals Community Development Department Staff Notes Zoning Board of Appeals–Record of Resolution Torn of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town arQyVaaqbt1jy Area.Variance Resolution To. Approve / Disapprove Applicant Name: Stephen, & Caryn LaFleche File Number: Z-AV-1 1-2017 Location-, 12 Waters Edge Drive Tax Map Number: 22T17-1-29 Z13A Meeting Date- Wednesday, February 15, 2017 The tonin. Board of Appeals of the T own of Queensbury has received an application 1rom Stephen & Caryn LaFleclie. Applicant proposes to renovate a 697 sq, ft. floor area portion of the second floor of an existing 110111e. The new construction on the narthoast side and shoreline does,not mea the required setbacks. Relief requested from minimurn setback requirements,for the WR zoning district. Planning Board- Site Plan.Review required for expansion of a no,riconforming structure in a Critical Environmental Area. The applicant request relief from minimum setback requirements for the WR zoning district. 1 17,9-3 SeptiQ -040 establishment of districtsclim 'wsiunlreuireients The applicant proposes to renovate second floor arcaof an existing home. The new construction area is to be 697sq., ft. where proposed to be 295 ft. from the shoreline where a 50,ft. set back is required an 8,J ft. from the east side property line wliere a 15 setback is required. SEQR Type Il –no further review required; Aublic hearing was advertised and held on Wednesday Februa P L Nua,Ly 115. 2017- Upon review of the application materials, information supplied during -the public hearing, and upon consideration of the criteria specified in Section 179-14-O'SO(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as, follows: PU-'X TIAE Dl' l�"TPROVIDED BY STAH 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Fmsible alternatives are and r have been considered by the Board, are: reasonable and have been o included t ,minimizethereqmst OR are not possib—IcL 3. The requested variance isms' is not substantial because 4, There is / is not an adverse impact on the physical or environmental conditins 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 o Law ,LiLaMKUaD / would be outwgighed, b �kl) the resulting detriment to the health, safety and, ;jL _y Ld -L 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 follolAing conditions- a) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED, ON THE ABOVE FINDINGS, I MAKE A MOTIQNITO APPROVE / DENY AREA VARIANC NO. '- -1,1-2017 Stephen & CM.n LaFleche, Introduced by _, who moved for its adoption, seconded by Duly ado,pted,this 15"' day of February 017 by the following vote- AYES: NOES- Town of Queensbury Zoning Board, of Appeals Community IDevelopme�nt Department ' taff Notes Area Variance No.- 7- 17 Pro I ect Applicant: Sharlene Morehouse J Project Location: 497 Sherman Avenue Meeting Date. February 15, 201.7 SEQR Type: Type 11 ion of Proposed Project: Applicant proposes construction of a 150 sq. ft. residential addition(dining,room) to an existing 1,080 sq. ft. home. Ilic project:includes a 120 sq, ft, portion, of the dining area that is ex Laing a�nd to berern.oved, then reconstructed with a 30 sq. ft. addition, new footprint—630 sq. ft. Relief requested from minimum setback requirements fbr the MD zoning district. Relief Reg I'he applicant request relief from the minimum setback requirements for the MDR zoning district. Section 179-3-040 establishment of districts dimensional requirements The applicant proposes to remove an existing dining room area to construct a new dining area addition to an existing hoiire. 'The single story addition is to be no closer to the property line than the original 7.8 ft. where a 25 ft. setback is required, 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. Minot impacts to the neighborhood may be anticipated. The applicant has indicated the home has been. through renovations. 2. Whethe!r the benefit sought by the applicant can be achieved 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 setbacks. 3. Whether the requested area variance is substantial. The relief requested for setback may be considered substantial relevant to the code where: 7.8 ft. is proposed.and the relief is for 17.2 ft. 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 be considered to,have minimal impact on the environrnental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self'-created. Staff cow The applicant proposes to remove a 120 sq. fl. dining roorn area and to construct a 150 sq. ft. addition. The:applicant has explained the existing dining area is not able to be repaired and the new construction would include the same area and to construct 3sq. ft,. of new area. Parcel History (Construct onsite,plan/variance, etc. BP 2008-31,3 Res. Addition; BP 2004-240 2-cu det. Garage; BP 95-384 above gqound pool; J3)P 89-622 ,Alterations; AV53-2008 Zoning Board of Appeals Community Development Department to Notes Zoning Board of Appeals —Record of Resolution Town of Queensbury 7421 a Road Queeilsbury, NY 12804 (518) 76'1-8238 QW, ,rf)LVJI (fQpLnh'Ij'jjry A:reit Variance Resolution To: Approve/Disapprove Applicant Name: Sharlene Morehouse File Number: Z- V-7-21117 Location: 497 Sherman Avenue Tax Map Number: 308,8-2-12 ZHA Meeting Date: Wednesday, February 15, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application from Sharlene Morehouse. Applicant proposes construction of al 50 sq. ft. residential addition (dining room) to an existing 1,0810 sq, I home. The project includes a 120 sq. ft. portion, of the dining area that is existing and to be removed, then reconstructed with a 30 sq. f1 addition, new footprint—630 sq. I Relief requested from minimum setback requirements for the MDzoning district. The applicant request relief from the minimum setback requirements for the MDR zoning district. Section. 179-3-040 establishment of districts dimensional muirement The applicant proposes to remove an existing dining room area to construct new dining area addition to an existing home. The single story addition is to be no closer to the property line than the original 7.8 ft. wherea 25, ft. setback is required. SEQR Type ll —no further review required; A public hearing,was,advertised and he on Wednesday, February 15, 2017 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) ofthe Queensbury Town Code and Chapter 267 ouNysTown.Law and after discussion and deliberation, we find as fbllows. A,1 , ;I ["E"R"1'14 E DRAT" ' 1-1 RO V 11) D B Y' �'TA IF' 1. There is / is not an, undesirable chm ige in the character of the, neighborhood nor a detriment to nearby properties because 2. Feasible alternatives #re and have been considered by the Board, tire reasonable and have been included to minimize the request OR are Halt o,ssibje. 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 distric�T---'- 5. Is the alleged difficulty is /is not self-cxeated because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh tat�®_ "I'll", al), / would be out.weWjqd -�y fdeniall the iesulting detriment to the health, safety and welfare ofthe neighborhood or community; 7. The Board also finds that the variance request cruder consideration is the minimum necessary; 8. The Board also proposes the following,oonditions.. a) b) c) Adherence to the iteins 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. Z-AV-7-2017, Sharlene Morehouse, Introduced by_, who moved for its adoption, seconded by Duty adopted this 15"h day of February 2017 by the following vote: AYES- NOES: Town of Queensbury Zoning Board of Appeals Community Development Department to Notes Area Variance No.: AV 6-2017 Project Applicant: Michael Kaidas Project Location- 119 Seelye Road SEType: Type 11 Meeting Date: February 14,2017 IDescription of Propose Applicant proposes demolition of 1,345 sq. ft. wood frame home and to leave the stone fireplace. The project involves a lot line adjustment with the adj oining lot; 119 eel 'e Road existing lot size is 0.93 acres and will be reduced to U9 acres. The new lot line places the stone fireplace on parcel 227.17-1-49 (113 Seelye Road)where the lot size is 0.93 acres and will be increased to 0.96 acres. Relief requested ftom minimum lot size requirements for the WRzonirig district,, Relief Req The applicant request the following relief: Relief requested from minimum lot size requirements for the WR zoning district. Section 179-3-040 establishment of districts dimensional requirements,— Waterfront Residential Zone - T The applicant proposes,a lot line adjust so parcel 119 Seelye Rd parcel ,'x.17-1- C1 will 'be reduced from 0.93 ac to 0.89 ac where 2 ac is reqpired. FCriteria, for considering an Area Variance according to Ch2gter 267 of Town In ruaking a, determination, the board shall consider. 'I. Whether an andesirable change will be produced in the character ofthe 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 lot line adjustments include a renioval of an existing home that was located close to the shoreline. 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 limited due to the size of the existing parcels where one lot is beraringmore conforming but both parcels will be undersized for the zoning requirements. 4. Whether the requested area variance,is substantial. The relief requested may be considered substantial relevant to the code. Parcel 227.17-1-50 is 0.93 and,being reduced to 0.8,9 where 2 ac is required. Relief requested is 1.11 ac. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighb,orhood or district. The project as proposed will lave minimal impact to the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created Staff conim.011tv J The applicant proposes the lot line adjustment withtwo site improvements that include reirnoval of a 1,345 sq. ft. carnp and to, construct an open sided pavilion to maintain.the stone fire place. The project is part of' ,a lot, line adjustment to adjoining property that includes the construction of the open sided pavilion, Parc6l History (construction/site plan/variance, etc.y J -AV- -2017 (gazebo and lot line adjustment) Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals-1 ecord of Resolution Town of Queen sbury '742 Bay Road Queensbury, NY 12804 (518), 761-8238 TO vn d(tr!een'V&rry Area Variance Resolution TG. Approve/ Disapprove Applicant Name: Michael Kaidas File Number: Z-A�V-6-2047 Location-. 11,9 Seelye Road Tax Map, Now, ber: 227.17-1-50 ZBA Meeting Date. Wednesday, February 15, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application from Michael Kajdas. Applicant proposes demolition of 1,345 sq. ft. wood fi-ame home and to leave the stone fireplace. The project involves a lot line adjustment with the adjoining lot; 119 Seelye Road existing lot sit, is 0.93 acres and will be: reduced to 0.89 acres. The new lot line places the stone fireplace on parcel 227.17-1-49 (113 Seel.ye Road) where the lot size is 0.,93 acres and will be increased to 0.96 acres. Relief requested fi-om minimum lot size requirements for the WR,zoning district. The applicant request the following relief. Relief requested from minimum lot size requirements for the WR zoning district. Section 179-3-040 establishment of districts dimensional requirements, - Water.ftont Residential Zone -WR The applicant proposes a lot line adjust so parcel '119 Seelye Rd parcel ,227.17-1-510,will be reduced, from 0.93 ac to 0.89 ac where 2 ac is required, SEQR Type 1'1 -,no farther review required; A public heating was advertised and, held, on Wednesday, February 15, 2017; Upon review of the application materials, information, supplied during the public hearing, and upon, consideration of the criteria speoified in Section 179-14- 0�( ) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: I-'IER THE' DIZA F7F PROVIDED BYSTAP.[.' 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.pqssible. 3. The requested variance is /is not substantial because 4. There is, I is no 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 outwei 1h a royal)) would be otitweighed Lb (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 minit-num 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 FINDrNGS,, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. Z-AV-6-2017 Michael Kaidas, Introduced by 1. who inoved, for its adoption, seconded by Duly adopted this 15Th' day of February 2017 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance,No.. AV 5�-2017 Project Applicant: Michael KAridas Project Location: 113 Seelye Road SEQ R Type4 Type 11 Meeting Date: February 15,2417 Description of Proposed Pro,jectr Applicant proposes construction of a 250 sq. ft. open gazebo utilizing the existing stone fireplace. The project involves a lot line adjustment with the adjoining lot; 11eelye, Road existing lot size is 0.93 acres and will be reduced to 0.89 acres. The new lot line places the stone fireplace on parcel 227.17-149 (113 Seelye Road)where the lot size is 0.93 acres and will. be increased to 0.96 acres, Relief requested from minimum setback requirements R)r the gazebo, in the WR zoning district. Relief Required "Phe applicant request relief from minimum setback requirements for the,gazebo in the WR zoning district. Section 179-34040 establishment of districts dimensional mauirements,--"Waterfront Residential Zone—WR, Section 179-5-020 accessory structures The applicant proposes a 250 sq. ft. open gazebo that is to be located 5 ft., from the south property line where,20 ft, is,required and 29 ft. from the shoreline where a 75 sdetback is required. Criteria for consideriogsun Area Variance according to Chapter 267 of Town ind In making,a determination,the board shall consider: I. 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 neighborliood inay be anticipated. The pavilion area is smaller than, the previous structure located in the same area. 2. Whether the benefit sought by the applicant can be achieved by soniemetbod, feasible for the applicant to pursue,other than an area variance. Feasible alternatives may be:possible to locate in a compliant location,however the applicant intends to utilize the stone fireplace from the pmvious structum due to the uniqueyne,ss of stone built rim place. 3. Whether the requested area variance is substantial. The relief may be wnsidored substantial relevant to the code. The side, setback relief is 1,5 ft. and the shoreline relief is 461 4. Whether the propoml variance will have an, adverse eff"t 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 inay be considered self-created., Staff conim The applicant!proposes, to construot an open sided pavilion to maintain a stone fire place. The project, is part of a lot line adjust cent to adjoining property that includes the rernoval of an existing structure near the shoreline. creel)E )ry(const ruction/sIte pis n1varia Z-AV-6-2017 (lot line adjustment) A Zoning Board of Appeals V Community Development Department Staff Notes Zoning Board of Appeals— Record of Resolution Town of Queenshury 742 Bay Road Queensbury,NY 12804, (518) 761-5231 'rowil Area Variance Resolution To. Approve / Disapprove Applicant Name: Michael Kaidas File Number,: Z-AV-51-2017 Location- 11eelye Road Tax Map Number- 227.17-1-49 ZBA Meeting Date: Wednesday, February 15, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application from Michael Kaidas, Applicant proposes construction of a 2,50 sq. ft. open gazebo 11filrizing the existing stone fireplace. The project involves a lot:line adjustment with the adjoining lot; 11.9 Seelye Road existing lot size is 0.93 acres and, will be reduced,to 0.89 acres. The view lot line places the stone fireplace on Wircel 227.17-1-49 (113 Se:elye Road)where the lot:size is,O. a0res and will be increas0 to 0.96 acres. Relief requested from minimum setback requirements for the gazebo, in the WR zoning district. The applicant request relief from rniniinui,,n setback require=,nts for the gazebo in the WR,70 ngdistricL Section 179-3-040 Rgqa b�§ hrne �of Ire intern —'q aterfront ResidenZo —W tial ne R. Section 179- 5-020 agoess,gy,structures The applicant proposes a 250 sq, ft. open, gazebo,that is to he located 5 ft, from the south property line where 2,0 ft. is required and 29 ft. from the shoreline where a 75r setback is,required. SEQR Type I1 — no further review required; ,A public hearing was advertised and, held on Wednesday. Feb ruM_1 5, 2 01.7; Upon review of the application materials, information supplied during the public heating, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town. Code and Chapter 267 ofNY'S Town Law and after discussion and deliberation, we find as .follows: PER'11711' [)[WPTIIR0,VIDE,D BY SI-AT"I, 1. There is / is not an, undesirable change in the character of the neighborhood not a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board,, are reasonable and have been included to nAnimize the KNuest OR are notpossil le. , 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 jq,/is not.self-created because 6. In addition the Board finds that the bene it to the applicant ftom granting the requested variance %votild outweigh (approval), / would be outWqjghqd by,,,.(klnLk1) the resulting detriment to the health,, safety and welfare of the neighborhood or community; T The Board also finds that the variance request under eon siderati on is the mirijrnurn necessary; 8. The Board also proposes the l"ollowin, conditions- a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON TIDE ABOVE, FINDINGS, I MAKE A MOTION TO APPROVE / QF NY AREA VARIANCE NO. Z-AV-5-2017, M.ic.hael I"Wdas, Introduced by who moved f6r its adoption, seconded by Duly adopted this 1,51h day of February 201 y the following vote: AYES- NOES: