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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: