Staff Notes Packet Wed July 26 2017 SitEfff e E
B
ting
Wednesday, July 26, 2017
Queensbury Zoning Hoard of Appeals Agenda
Meeting: Wednesday, July 26, 2017 Time: 7;00- 11,00 pro
Queensbury Activities Center- 742 Roy Road
Agenda subject to change and may be found ❑t: v,wwqueensbury.net
QLD DUSINESa:
Applicant(s) Frank&Isobel MunofF,Appel I w Nu icc of r1 oa1 No Z-NDA-2-2417
Owner(s) Harold and LM Halliday,Property Owner SlERA Type NIA
Agent(s) rrfp Lot Six* 1.66 Acre(s)
bmation 2599 State Route 9L, Property Owner; Harold&Lyn Zoning WR
Ward No. Halliday; Ward 1
Tim Rd No 240.5-1-32 SECtion ria
Cross Ref NOA 1-2437 Murof m Hedliiday Pmroel=SUP 1-2017; Warren County Planning nIa
SP 2-20I7
Public Hearing July 19 2017 Tabled to July 26 2017 Adirondack Park Agency Wa
Project Description Appellant is appealing the Zoning Administrators issuance of the Building Permit(Our File Number: AST 148-2017 Harold
Halliday issued on ApLril 13 2017)for construction of 1,600 sq.ft.accessog structure buildi ,
;VEW BUSINESS,
Applicant(s) Chas Carte Sin Variianco Yo Z-SV-7-2417
Owns s Chris Carte SE QRA 1" a Urlivtd
Agent(s), nfa Lot 84c Acre s
Locallon 1067 Slaty Route 9 Zoning cr
Word No. Word 2
Tax id No 296.9-1-5 Seetfon Chapter 140
Cross Ref P-SP-25-2017;Z-AV-24-2017 Warren County,Pla fting I July 2017
Publie ilea ring July 2 2017 Adirondack Farlc Age ncy I Na
Project Deserlptlan Appllcam proposes to util ize existing a freestanding sign structure Far The Woad Carte Too at 27 sq.ft. Existing sign does
not meet 15 t)-setback reuiremenL Relief re uested from minimum front mrd setback for such sign.
A slicant s Robert Bolen,IV Arca Variance No ZrAV-46-2017
Owncr s Robert Bolen IV SE RA Type II
Agent(s) nfa Lot Size 4.92 Acre(s)
vocation 224 Pickle Hill Road Zoning RR-5A
W:mrd No. Ward Ii Grant Acres Subdivision
Tres Id No 266.1-2-22 Section E179-3 744
Cross Rei =n/a Warren County Plan ning I tiler
Public Hearin July 26,2017 Adirondack Park Agency ttla
Project Description Applicant proposes onnstruotion of a 2-story 900 sq.ft. residential addition onto existing 1,008 sq,ft.home_ Rclicf
requested from minimum setback re uimnrents for the RMA za district.
Any further business that the C haimnan determines may be properly brought before the Zoning Hoard o 1'Appeals.
Revised Version 07.20.2017 CB/LWsh
final Version ZBA Agenda, 06,291017 CBILMIsh
etZoning Board of Appeals—Record of Resolution
Town of ueensbuiy 742 Bay (toad Queensbury, NY 12804 (518) 761-8238
761171 11 QLLXVF1.VhLrry
Notice of Appeal Resolution
)l E OLU' TON TO. Table
Notioe of appeal: Z-NOA-2-2017
Appellant Name: Frank and Isobel Munoff
Tax Map No. 240.5-1-32
Property Location: 2599 Mate Route 9L, Property Owner; Harold & Lyn Halliday
The Zoning Board of Appeals of the Town of Queensbury has received ars application from
Frank and Isabel )'4+Iunoff Appellant is appealing to the Zoning Board of Appeals relative to
the issuance of a building permit for the above referenced matter.
MOTION TO TABLE NOTI F, OF APPEAL Z-I A-'2-2017 FRANK& I OBEL
MUNOFF, Introduced by Michael McCabe who moved far its adoption, seconded by Roy
Urrico:
Tabled until (be July °`, 2017 Zoning Board of Appeals meeting,
Duly adopted this 19rh day of Jul}, 2017, by the following vote:
AYES: Mr. Urrico, Mr. McCabe, Mrs. Hayward, Mr. Henkel, Mr. Underwood, Mr. Freer, Mr.
Jackoski
NOES: NONE
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff dotes
Sign Variance Ido.: 7-201.7
Prgiect AppHeant: Chris Carte
Project Location: 1067 State Raute 9
Parcel history: P-SP-25-2017; Z-A -24-2017
SEAR Type: Unlisted
Meeting Date: July 26, 2017
Description of Proposed Proeet:
Applicant proposes to utilize existing a freestanding sign structure for The Wood Carte Tao at 27 sq. ft.
Existing sign dries not meet 15 ft. setback requirement. Relief requested from minimum front yard setback for
such sign.
12elicf Required:
The applicant Tecluests relief from the minimum front yard setback for such sigii,
Section 140-6 Signs for which permits are-required
The applicant proposes to majntain the sign frame and install a new panel where the frame is 8.8 ft ftom the
front property line where a 15 ft setback is required_
Criteria for considering a Sign Variance according to Chapter 2.67 at 'row 13 Law:
In waking a d etc rin ination,the board shall consider:
1. Whether an undesirable change will be produced in the character of the nei hbor*bood or a detriment
to nearby properties will be created by the granting of this sign variance. Minor impacts to the
neighborhood may be anticipated as the frame is preexisting.
. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than a sign variance. Feasible alternatives may be considered to install a
compliant sign frame.
I Whether the requested sign variance is substantial. The relief requested may be considered moderate
relevant to the code. The,mlief requested is 6,2 ft,
4. Whetber the proposed varianec 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 envirorunental conditions of the district.
5. Whether the alleged difficulty w2 self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to maintain au existing sign frame and install a new sign panel. The sign panel is 27 sq
ft to advertise theWood Carte second store. The sign iYume was utilized for the previous sign that had been on
site for a number of years, The sign ftaine, is within the Town's sewer easement area and will be subject to any
requirements of the easement if they arise.
JuiX7-]�
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on July 7, 2017
Project Name: Carte, Chris (The Woode Carte Too!)
Owner- Carte, Chris(The Wocde Carte Tool)
ID Number: QBY-17- 11-7
County Project#: Ju117-18
Current Zoning: Cl
Community: Queensbury
Project Description:
Applicant propose to maintain a 24 sq ft sign frame to replace wl new sign face same 24 sq ft_ Sign is located 13 ft from
front property lino where 15 ft setback is required.
Site Lo-cation:
1067 State Rt 9
Tax Map Number(s):
296.9-1-5
Staff Notes:
The issues here appearto be of a local nature involving local issues without any significant impactson County properties
or resources. Staff recommends no county irnpact based anthe Information submitted according to the suggested review
criteria of NYSQeneral Municipal Law Section 239 applied to the proposed project.
Local actions to Bute(if any):
County Planning Department:
NCI
Local ActionAinal Disposition:
7111120 i 7
Warren County Planning Department hate Signed Local Ot'fieial Date Signed
P[XAU RETURN'r'HB FOP&]TO THE WART xN OWNTY PLANNING DEPARTMENT Vv THIN 1Q DAYS Or FINAL,ACTION
Zoning Board of Appeals T Record of Riesolution
Town of Queensbury 742 Bay Road Queensbury,NY I28O4 (518) 761-8238
Sign 'Variance Resolution To: Approve 1 Disapprove
Applicant Name: Chris Carte
File Number, Z-SV-7-2017
Location: 1467 State Route 9
Tax Map Number: 296.9-1-5
BA Meeting Bate: Wednesday, July 26, 2017
The Zoning Board of Appeals of the Town of Queensbury has received an application from Chris Carte
for a variance from Chapter 140 of the Sign Code of The Town of Queensbury. Applicant proposes to
utilize existing a freestmding sign structure for The 'Mood Carte Too at 27 sq. fl. Existing sign does not
meet the 15 ft. setback requirement. Relief requested from minimum front yard setback for such sign.
The applicant requests relief from the minimum front yard setback for such sign.
Section 144-6,S igns.for which permits, are required
The applicant proposes to maintain the sign frame and install a neer panel where the fume is 8.8 ft from
the front property line where a 15 ft setback is required.
SEAR Type; Unlisted [ resolution 1 Action required for SERI
Motion regarding Sign Variance V-7-2817, Chris Carte 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 adapted 26th day of July 2017, by the following vote:
AYES:
NOES:
A public hearing was advertised and held on Wednesday, July 2 , 2017.
Upon review of the application materials, information supplied during the public bearing, and upon
consideration of the criteria specified in Section 179-14-OSO(A) of the Queensbury Town Code and
Chapter 267 of NY S Town Law and after discussion and deliberation, we find as follows:
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the
nearby properties be created by the granting of the requested sign variance? INSERT kESPON S E
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than an sign variance? INSERT RE S PONSE
3. Is the n-,quested sign variance substantial? INSERT RESPONSE
E
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighborhood or district? INSERT RESPONSE
. 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 outweig / would be outweighed by the resulting detriment to the health, safety and welfare of
the neighborhood or comm unity,
7, The Board also finds that tete variance request under consideration is the minimum necessary;
Based on the above findings I make a MOTION TO APPROVE f DENY Sign Variance -S -7-2017
Chris Carte, Introduced by , who moved for its adoption, seconded by
As peer the resolution prepared by staff with the following:
A. <insert conditions/ cotntnents�-
B. The variance approval is valid for one (1) year from the date of approval; you Mkv request an
extension of approval before the one (1) year time frame expires;
C. If the property is located within the Adirondack Park, the approved variance is subject to review by
the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the
PA's review is completed;
D. Final approved plans in compliance with as approved variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building&codes
personnel'
E. Subsequent issuance of further permits, including sign permits aro dependent an receipt of these final
plans;
F. Upon approval of the application; review and approval of final plans by the Community Development
Department the applicant can apply for a sign permit unless the proposed project requires review,
approval, or permit from the'Town planning Board and/or the Adirondack Park Agency, Lake George
Park Commission or other State agency or department.
Duly adopted this fits' day of July 2017. by the following vote:
.OYES:
NOES:
Town of Queensbury Zoning Board of Appeals
ommunrty Development Department Staff Motes
Area Variance No.: 46-2017
Project Applicant: Robert Bolen,I
Project Location: 224 Pickle Hill Road
Pareel Histary: nla
SEQR Type: Type 11
Meeting date; July 26, 2017
Description of Pra osed Project:
Applicant proposes construction of a 2-story 900 sq. ft. residential addition onto existing 1,008 sq. fl. home,
Relief requested from minimum setback requirements for the RR-5 A zoning district.
11c lief Required:
The applicant requests relief from minimum setback requirements for the Rural Residential (RR-5A) zoning
district.
Section 179-3-040 establishment of districts-dimensional requirements RR-5A zone
The proposed addition is to be located 64.5 ft from the south property line and 97.8 from the north property line
where a 100 ft and is required. The setback on the east property lime is to be 61.$ ft where the setback
requirement is 75 ft.
Criteria for considering am Area Variance according to Chapter 267 of Town Lave:
In making a determination, the bo" shall consider:
I. Wbetber 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 arca varianm Minor to no impacts to the
neighborhood may be anticipated. The addition is an existing open area used as a portion of the driveway
. Whether the benefit sought by the a.pplimnt can be achieved by some method, feasible for the
applicant to pursue, other than .an area variance. Fusible alternatives may be considered limited due to
the size of the lot in the RR-5A zone where new construction may be subject to a variance.
. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The relief is for 35.5 ft on the south, 2.2 ft on the north and 13.2 ft on the east.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmentaI conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff Comments:
The applicant proposes a 900 sq ft addition to the east side of the home. The survey shows the addition over the
exiting driveway area. The floor plans show garage and at the lower level and main level interior arrangement.
The elevations are included showing all sides of the addition.
Zoning Board of Appeals—record of Resolution
Town of Queensbury 742 Bay road Queensbury, NY 12504 (518) 761-8238
Town of QL!LwirshUry
Area Variance Resolution To: Approve 1 Disapprove
Applicant Name: Robert Bolen, IV
File Number: -A -4 -2017
Location: 224 Pickle Hill Road
Tax Map Number: 266.1-2-22
BA Meeting Date: Wednesday, July 26, 2017
The Zoning Board of Appeals of the Town of Queensbety has received an application from Robert Bolen, IV.
Applicant proposes construction of a -story 900 sq. ft, residential addition onto existing 1,008 sq. ft. hone.
Relief requested from minimum setback requirements for the RR-5A zoning district.
The applicant requests relief from minimum setback requirements for the Rural Residential SRR-5 ) zoning
district.
Section 179-3-040 establishment of districts-dimensional requirements RR-5A zone
The proposed addition is to be located 64.5 ft from the south property line and 97.8 from the north property line
where a 104 ft and is required. The setback on the east property Line is to be 61. ft where the setback
requirement is 75 ft.
SEAR Type II —no further review required;
public hearing was advertised and held on Wednesday, July 26, 2017;
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 2.67
ofNYS Town Law and after discussion and deliberation, we find as follows:
PEAR THE DRAFT PROVIDED BY STAFF
1. There is 1 is not an undesirable change in the character of the neighborhood icor a detriment to nearby
properties because
2. Feasible alternatives are _ and have been, considered by the Board, are reasonable and hgve been
included to minirnize tete re%Lest OF, are not 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
district?
5. Is the alleged difficulty is /is not self created because
. In addition th4� Soard finds that the benefit to the applicant from granting the requested variance would
outweigh { , roval) 1 would be outweighed b 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;
8. The Hoard also proposes the following conditions:
a)
b)
o) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE -
AV-46-2017 Robert Bolen, IV, Introduced by , who moved for its adoption, seconded by
Duly adopted this t� day of duly 2017 by the following vote:
AYES:
DOES: