Staff Notes Packet ZBA Wed., December 20, 2017 Staff Notes
ZBA Meeting
Wednesday, December 20, 2017
Queensbury Zoning Board of Appeals Agenda
eeting; Wednesday, December 20,2017 Time: 7:00- 11.% pm
Queensbury Aetivitles Center-742 Bay Rand
Agenda subject to change and maybe found at: www,queens bury.De7
Approval of rneeling minutes; November I5,2017
Administrative Items;
AV-28-2417 Seaton Property Holdings,LLC(A-1 Tree Warks) To further Tab]c or Deity without prejudim.
OLD BUSINESS,
Applicant(s) Stephen H.and Deborah A. Richaxds Area Variance No Z-AV-43-2417
Owners ben H.and Deborah A. Richard SE RA Type 11
Agent(s) NIA Lot Size 1,26 Acre(3)
Location 65 Hicks Road Zoning MDR
Ward N&
Tax Id No 297.7-1-25 Section 174-5-020
Cross Ref AST-247-2017 shed-,AV 14-2012 second garage; Warren County Planning October 2017
SUB 5-1994 Administrative for McGuire
Public Hearin October 18,2017 Tabled to Deoember 20,2047 Adirondack Parc Agency rJa
Project Description Applicant propoes canstrwtion of 36I sq,ft.addition to an existing 361 sq.ft-shed for a total 722 sq.#l_ storage
shad.The pared also has an existing 2,332 sq,fL home,768 sq.ft. detached garage and a 80 sq.ft.stied where the smaller shed is to be
removed, Relief requested from maximum allowable size,and setbacks for such structure in the MDR zoning district
A licant s Marylou and Robert Dunton Area Variance No AV-69-2017
Owner(s) Marylou and Robert Dunton SE RA Type 11
Agent(!;) Dermis MacElroy,PE Environmental Design Lot Size 1.29 Acre(s)
Parmershi
Loeatl oxr 18 Tall Timbers Road-Ward 1 Zoning WR
Ward No.
Tax Id No 239.16-1-25 Section 1 179-4-010; 179-5-020
Cross Ref P-SF-66-2017 Warren County Planning October 2017
Pu.hlic Hearing I October 18,2017 Adirondack Park Agency A11)
Project Description Applicant proposes construction of a 3,860 sq.it.resider,#ial addition to existing 3,213 sq,ft-home and proposed is
6,581 sq_fl_ Project includes removal of 634 sq.ft.garage when u mstruction is completed. Relief requested from minimum setback
requirements.shoreline setbacks,and expansion ofa nonconforming structure_ Planning Hoard, Site Plan Review for expansion of a
nonconformiU structure within a CEA.
NEW BUSINESS;
Applicant(s) Maureen Valenti Area Variance No Z-AV-77-2017
Owners Maureen Valenti SE RA Type 11
Agent(s) Michael!_0*Ci mwx,Esq, Lot Size O3 69 Acre(s)
Location 113 Birdsall Road Zoning WR
Ward No. Ward I
"Fax Id No 299.17-1-40 Section 179-13-014; 179-4-090
Cross Ref P-SP-71-2017 Warren County Plaanin nla
Public HeariSg Decernber 20,2017 Adirondack Park Agency Ria
Project Description Applicant proposes to maintain and complete a 570 sq.R.ground-level open deck that has been pui;ial ly
constructed_ The open deck is an addition to the existing 4,235 sq.ft_home.Relief requested from minima in setback and permeability
requirements. Plann Ing Board; Site?tern Review for expansion of a nonconforming YUucture within a SEA and for hard surfacing within
50 ft.of the shoreline of Glen Lake.
Page 1 oft
Queensbury Zoning Board of Appeals Agenda
Meeting: Wednesday, DecembeF 20, 2017 lime; 7;00- 11:00 pm
Queensbury AciiviFies Center-742 Boy Road
Agenda subject to change and may be found of: www.queensbury.net
Applicant(s) Kris Ra lieri Area Variance No Z-AV-79-2017
Owner(s) Kris Ro lieri SE RA hee 11
Agent(s) S.Bitter,Esq.BFSR Lot Size 14.11 AcWs)
LucAtion 40 North Road Zoning MDR
Ward No. Ward 2
Tax Id No 302.7-1-37 Section 179-5-020
Cress Ref B]dF,Permit 2000-833 Sunroom Warren County Planning December 2417
POOL Heoringj,December 20,2417 Adirondack Park Agency n`a
Project Description Applicant proposes to maintain already constructed 3,000 sq-ft-garage as a fourth garage on the property, Project
site contains an ex isrd ng 10,307 sq.#t.home,550}!-sq,ft-garage, 375 sq.#t,garage and 585 sq.R.wood shed. Relief requested for
maximum nuEnber of allowabie garages for the parccl and fora gga&c more than 2,200 sq.&
A licank sQueensbury Square, LLC Area Variance No Z-AV-78-2017
OwnersQueensbury Square,LLC SEQRA'li a Il
Agent(s) Hutchins Engineering Lot Sine 1.42 Acre(s)
Ucation 909 State Route9 Zoning CI
Ward No. Ward 2
Tax Id No 296.17-1-38 Section 179-3.040
Crass Ref P-SF-76-2017 Warren Cowity Planning Dcccmber2017
PLLblic Hearing Dtccmbu2l} 2017 J Adirondae€cPark Agency 'Ia
Prujeet Description Applicant proposes a new 5,460 sq-ft.commercial building with potential for six unit retail areas and associated
site work. Project site currently contains 7.000 sq,&liquor spare. keliefrequested from minimum setback requirements for Commercial
Intensive C1 zone. Plamft Board: Site Plan Review nAlAred for new business use in khc C1 zom.
Any farther business+hal the Chairman determines may be properly brought before the Zoning Board of Appeals.
Final Version A Zcnda; 11.22-2017 CBJLM/sh
Fage 2 of 2
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
,Area Variance No.. 43-2017
Project Applicant: Stephen H. & Deborah A. Richards
Project Location: 65 Hicks Road
Parcel History: AST-247-2017 shed; AV 14-2012 second garage; SUB 5-1994,administrative for McGuire
SEAR Type: Type 11
Meeting Date: December 20,2017
Description of Proposed 1'�rojeck:
Applicant proposes construction of 361 sq. ft. addition to an existing 361 sq. ft. shed for a total 722 sq. 1t.
storage shed. The parcel also has an existing 2,332 sq. R. home, 768 sq, f1. detached garage and a 80 sq. ft. shed
where the smaller shed is to be removed. Relief requested from maximum allowable size, and setbacks for such
structure in the MDR zoning district.
Relief Required:
The applicant request relief for enlargement of a 361 sq ft shed with an addition of 361 sq fl:for a total 722 sq ft
sled—for maximum allowable size and setbacks for such structure in the MDR zoning district.
Section 179-5-02.0 —Accessary Stmcftm—shed:
The applicant proposes 722 sq ft accessory structure on a lot less than 3 ac and it is to be located 6 ft from the
property line where a 25 ft setback is required. Relief is requested for the allowable size where 802 sq ft is
existing including the shed addition to be maintained. 'he garage is not included in the overall accessory
structure size as garages have specific sizes allowed per code.)
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor impacts to the
neighborhood may be anticipated.
. Wkether the benefit sought by the applieant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to relocate the
shed to a compliant location. The applicant has indicated the 80 sq ft shed is to be removed as part of the
project.
. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The relief requested is setback relief of 19 ft and for allowable maximum size exceeding 500 sq ft
and request is for an excess of 302 sq f1.
4. Whether the proposed variance will have an adverse effect or impact on the pbysical or
environmental conditions in the neighborhood or district. The project as proposed will have minimal
impact to the neighborhood.
S. Whethcr th c alleged difficulty was self-created, The difficulty may be considered seI&created,
Staff comnic�ts:
Tlwe applicant has revised the application in regards to the size of the sheds on the property. The app]4:wit has
added a 361 sq ft sled addition to an existing 361 sq ft shied for a total of 722 sq ft shed with two doors. The
applicant has indicated that the 80 sq ft shed is to be removed. The photo shows the existing arrangement and
the use of the building is for storage.
A letter from the Water Department is also included informing the board the applicant has not addressed the
fence location with the Department associated with AV 67-2017 per the requirevient of the board.
Zoning Board of Appeals
Community Development Department Staff Notes
TOWN OF QUEENSBURY WATERfWASTEWATER DEPARTMENT
823 ODRrNTH ROAD * QUEENSBURY,NEW YORK 12804 * PHONE(518)793-8866* PAX(518)798-33' 0
bristapher Harringlon Alex Benway
Water5uperintendent W eterTreatment P[ant OpentlonsEnglneer
Wastewater Director
To:Steve Jacko-]Id,Zoning Boa rd of AppeaIs Char
From.Christopher Harrington, P.E. Queensbury Water Department Superintendent
He.65 Hicks RSI.—Richard
Date: December L 2017
Mr.lackoski'
Mr. Richards w!11 appear before the Zoning Board of Appeals this month to sit before you to clear yip
same a]d business. it is with regret that I need to 1nforrn you of Mr, Rlcha rd's'La ilurA to ccrnMunicate an
acceptable pia n to thim Department itis regards to his Improper pIacern12nt of s fence iii our easement,
I understand that you cannot link disparate;actions but I do feel that tho Zoning Board should be crude
aware o,` I T. RIchnrd's ref4.s 1 to cooperate with this Department a5 0`this data-,
Zoning Borrel of Appeals —record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
TOLVIt(d QLjtLTFK U Y
Area Variance Resolution To: Approve/ Disapprove (SHED)
Applicant Name: Stephen K. & Deborah A. Richards
File lumber: Z-AV-43-2017
Location; 65 Hicks Road
Tax Map Number: 297.7-1-26
BA Meeting Date; Wednesday, december 20, 2017
The Zoning Board of Appeals of the Town of Queensbury has received an application from Stephen H.
Deborah A. Richards.
Applicant proposes construction of a 361 sq. ft. addition to an.existing 361 sq, ft. shed for a total 722 sq. ft.
storage shed. The parcel also has an existing 2,332 sq, #t. home, 768 sq. ft. detached garage and a 80 sq. 1t. shed
where the smaller shed is to be removed. Relief requested from maximum allowable size, and setbacks for such
structure in the MBR zoning district.
Relief Required:
The applicant request relief for enlargement of a 361 sq ft shed with an addition of 361 sq ft for a total 722 sq ft
shed—for maximum allowable size and setbacks for such structure in the MDR zors ng district.
Section 179-5-020—Accessory Structures —shed-
The applicant proposes 722 sq ft accessary structure on a lot less than 3 ac and it is to be located 6 ft from the
property line wheire a 25 ft setback is required. Belief is requested for the a]Io able size where 802 sq ft is
existing including the shed addition to be maintained. (The garage is not included is the oveirall accessory
structure size as garages have specific sues allowed per code.)
SEAR Type I1 — no further review required;
public hearing was advertised and held on October 18, 2017 and on December 20, 2017
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in S ection 179-14-084(A) of the Queensbury Town Code and Chapter 267
of NYS Town Taw and after discussion and deliberation, we find as follows:
PER TIME DRAFT PROVJDFD B Y STAFF
1. There is 1 is Tim 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
ineladed to rninirnizg the request OR are not p2ssible.
3. The requested variance is/ is not substantial lreeause
4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or
district's
5. Is the alleged difficulty is f is not self-created because
. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh Lapprova / 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;
. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items.outlined in the follow-up letter seat with this resolution.
BASED ON THE ABOVE FINDINGS,I MAKE A MOTION TO APPROVE/ DENY AREA VAR1ANCE
Z-AV-43-2017 Stephen H. &.Deborah A. Richards, Intwduced by , who moved for its adoption,
seconded by -
Duly adopted this 2.0`x' day of December 2017 by the following vote:
AYES:
FIDES:
Town of Queensbury Toning Board of Appeals
Community Development Department Stafl Notes
Area Variance leo.: 69-2017
Project Applicant: Marylou & Robert Dunton
Project Location: 1S 'fall Timbers Road
Parcel History-: P-SP 65-2017
VR Type: Y Type II
Meeting Date: Deeemher 20,2017
Description of Proposed Project:
Applicant proposes construction of a 3,860 sq. ft. (foot print) residential addition to existing total 3,213 sq. ft.
home and proposed is total 6,581 sq. ft. project includes removal of 634 sq. ft. garage when, construction is
completed. Relief requested from minimum setback requirements, shoreline setbacks, and expansion of a
nonconforming structure, Planning Board: Site Plan Review for expansion of a nonconforming structure withirk
a CRAB.
Relief Rega9red
The applicant requests relief feorn minimum setback requirements, shoreline setbacks, and expansion of a
nonconforming structure.
Section 179-3-D40 establishment of districts-dimensional requirements- W-R zone
The applicant proposes a 3,860 sq, ft. footprint residential addition with an attached garage. The addition is to
be 46.5 ft. from the shoreline where a 54.2 ft. setback is required due to the setbacks of the two adjoining
homes.
Section 174-13-010 continuation
Relief is requested for expansion of a non-conforming home.
Section 147-11 stormwatei-device
R.elief requested for stormwater device less than 100 ft, from the shoreline 45 1t, is proposed.
Criteria for considering an Area Variance according to Chapter 267 of Town Laws
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 crested by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
. 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 altematives may be considered limited as the
two adjoining homes are setback f>Lu-ther than the applicant's home.
S. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The relief requested is 7.7 ft. for shoreline setback and for stormater device located
less than 100 ft. from the shore]ine 55 ft. relief requested.
4. Whether the proposed varia"ce 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,
S. Whether the alleged difficulty was self-created. The difficulty may be corisidered Self-created.
Staff carament :
The applicant has revised the plans and proposes a 3,860 sq. ft. footprint residential addition with an attached
garage. The new floor area to he added is 3,36$ sq. ft. to an existing 3,213 sq. ft. for a total of ,581 sq. #t. The
applicant has explained the existing garage is to be used for housing and is to be removed when the addition is
completed. The plans show the location of the addition and the interior floor plan for the home with the
addition.
Zoning Board of Appeals
Community Development Department Staff (Votes
Zoning Board of Appeals— Record of Resolution
Town of Queensbury 742 Say Road Queensbury, NY 12804 (518) 761-82.38
Area Variance Resolution To- Approve 1 Disapprove
Applicant Name: Marylou and Robert Dunton
File Number- Z,-A -69-2017
:k
Location: 18 Tall Timbers Road
Tax MapNumber: 239.16-1-25
ZBA Meeting Date. Wednesday, December 24, 2017
The Zoning Board of Appeals of the Town of Queensbury has received an application from Mar lou and
Robert Dunton,
Applicant proposes construction of 3,860 sq. ft. (foot print) residential addition to existing total 3,213 sq. ft.
home and proposed is total 6,581 sq. ft. Project includes removal of 634 sq, ft, garage when construction is
cornpleted. Rei ief requested from minimum setback requirements, shoreline setbacks, and expansion c a
nonconforming structure. Planning Board: Site Plan Review for expansion of a nonconforming structure
vdthin a CEA_
ReliefRequired:
The applicant request i-elieffrom minimum setback requirements, shoreline setbacks, and expansion of a
nonconforming structure.
Section 179-3-040 establishment of districts-dimensional req uiraments- WR zone
The applicant proposes a 3,860 sq. ft. footprint residential addition with an attached garage. The addition is to
be 46.5 ft. from the shoreline where a 54.2 ft. setback is required due to the setbacks of the two adjoining
homes.
Section 179-13-010 continuation
Relief is requested for expansion of a non-conforming home.
Section 147-11 stormwater device
Relief requested for stormater device less than 100 ft. from the shoreline 45 ft is proposed.
SEQR Type I1—no further review required;
A public hearing was advertised and held on Wednesday, October 18, 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 267
of ISYS Town Law and after discussion and deliberation, we tinct as follows:
PER THE DRAFT PROVIDED 13Y STAFF
I. There is / is not an undesirable change in the character of the neighborhood nor a detrirnent to nearby
properties because
. Feasible alternatives are and have been considered by the Board, arc reasonable and have been
included to minirnizc the request OR are not possible.
3. The requested variance i / is not substantial because
4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. Is the alleged difficulty is.f is not self-created because
6. In addition the Board finds that the benefit to the applicant frorn granting the requested variance would
outweigh(approval) / 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 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. follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDriN 6 S. I MAKE A MOTION TO APPROVE! DENY AREA VARIANCE
Z-AV-69-2017 MaEylou and Robert Dunton, Introduced by , who moved for its adoption, seconded by
Duly adopted this 18'11 day of October 2017 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
orr munity Development Department Staff Noes
Arca Variance No.: '77-2017
Project Applicant: Maureen Valenti
Project Location: 113 Birdsall Road
Parcel History: P-SP 71-2017
SECT Type: Type II
Meeting Date: December 20,$017
Deseriptina of Proposed Project:
Applicant proposes to maintain and complete a 570 sq, ft, ground-level opera deck that has been partially
constructed. The open deck is an addition to the existing 4,235 sq. ft. home. Relief requested from minimum
setback and permeability requirements. Planting Board: Site Plan Review for expansion of a nonconforming
structure within a CEA and for hard surfacing and filling within 50 #t. of the shoreline of filen Lake.
Relief required:
The applicant requests relief from minimum shoreline setback requirements and permeability of the WR zone,
Section 179-3-040 establishment of districts-dimensional requirements WR zone
The deck to be completed is to be located 26.9 ft. from the shoreline where a 50 ft. setback is required then the
west side yard is to be 13.5 ft. inhere a 20 ft. setback is required. Relief is also requested for permeability 68.3
% is existing and 66.7 % is proposed where 75'% is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Lave:
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.
. 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 alteratives may be considered limited due to
the location of the existirng home to the shoreline.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested for 23.1 ft. to the shoreline and 6,5 ft. to the west property line,
Relief for permeability is 8.3%.
4. 'Whether the proposed variance will have as adverse effect or impact on the physical or
environmental coaditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
$. Whether the alleged difficulty was self-created. The difficulty may be considered self-created
staff comments:
The applicant proposes to complete a 570 sq. ft. level open deck from the home facing the shore. The applicant
has indicated the deck is to allow for a gathering arca for the family. The plans show the deck location, floor
plan and photos of the site.
Zoning Board of Appeals
Community Development Department Staff Notes
'-k-e S C( M� e^
Area Variance Jzsnapprovcd- sv.-At,brF21 20161
REVIS12161201 �` a�
Site Development Data
Area I Type Existing sq. ft. Proposed Total sq. ft.
Additions . ft.
A. Building footprint 1842 - 1842
B. Detached Garage
C. Accessory Structure(s) 57 57
D. Paved, gravel or ather lord surface'd area 7307 - 7 07
E. Porges! Docks 580 484 1064
F. Other
G. Total Non-Permeable [Add A-F) 9786 10270
H. Parcel Area [43,560 sq. ft. I acre] 30845 - 30845
1. Percentage of Impermeable,Area.of Site [I=G/H] 31.7°la - 33.3°/6
Setback Requirements
Ares Required Existing Froposed
Front Yard[1] 50' 50` 26,9
Front Yard[2]
Shoreline 50' 50' 26.91
Side yard [1] est 20' 11.2' 13,5'
Side Yard [2:) East 20' 21-3' 24.5'
Rear Yard [1] - 65.2' 65.2'
I
Raar Yard [2] NIA - -
Travel Corridor NIA
Height[maximum] N)A - -
Permeability 75% 68-3% 66,7%
plumber of parking spaces 2
Page 2
Luning Board of Appeals — record of Resolution.
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-92.38
�09YA(i�{�LZhCfTifHlf4'
Area Variance Resolution To: Approvte!Disapprove
Applicant Name: Maureen Valenti
File Number: Z,-AV-77-2017
Location; 113 Birdsall Road
Tax Map NuFnber: 289.17-140
DA Meeting Date. Wednesday, December 20, 2017
The oning Board of Appeals of the Town of Queensbury leas received an application from Maureen Valenti.
Applicant proposes to maintain and complete a 570 sq. ft. ground-level open deck that has been partially
constructed. The open deck is an addition to the existing 4,235 sq. ft. home. Relief requested from minimum
setback and permeability requirements, Planning Board- Site Plan Review for expansion of a nonconforming
structure within a CEA and for hard surfacing and filling within 5 0 ft, of the shoreline of Glen Lake.
Relief Requir�d
The applicwt requests relief from minimum shoreline setback requirements and permeability of the WR zone.
Section 179-3-040 establishment of districts-diinensional requirements WR zone
The deck to be completed is to be located 26.9 ft from the shoreline where a 50 ft setback is required thea the
west side yard is to be 13.5 ft where a 2 0 ft setback is required.. Relief is also requested for permeability 68.3
%is existing and 66.7 % is proposed where 75% is required.
SEE R Type iI —zoo further review required;
public bearing was advertised and held on Wednesday, December 20, 2017;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-08O(A) of the Queensbury Town Code and Chapter 2.67
of NYS Town Law and after discussion and deliberation, we find as follows:
PFR THE DRAFT PROVIDED BY TAI-T'
1, There is 1 is not an undesirable change in the character of the neighborhood nor a detriment to nearby
Properties because
2. Feasible aitematives 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 variance is /is not substantial because
4. There is 1 is not ars adverse impact on the physical or environmental conditions in the neighborhood or
district?
_ Is the aIleged difficulty is 1 is not self-created because
f. In addition the Board finds that the benefit to the applicant 6om gmming the requested variance would
outweigh (a r val) / would be outweighed by denial the resulting detriment to the health, safety and
weifire 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 FINDINGS, I MAS A MOTIONTO APP R VE/ t]ENY AREA VARIANCE
- V-77-2017 Maureen Valenti, Introduced by , who mored for its adoption, seconded by
Duly adopted this 20th day of December 2017 by the following vote,
AYES
INTOES
Town of Queensbury Zoning Board of Appeals
Community Development Department 5taff Notes
Area 'V'ariance No.. 79--2017
Project Applicant: Kris Roglieri
Project Location: 40 North Road
Parcel History: Bldg.Permit 2000-833 Sunroom
SEAR Type: Type II
Meeting Date: December 20,2017
Description of Proposed Project:
Applicant proposes to maintain already constructed 3,000 sq. R. garage as a fourth garage on the property,
Project site contains an existing 10,307 sq. ft. home, 550+1- sq. ft. garage, 375 sq. ft. garage and 585 sq. ft.
wood shed. Relief requested for maximum number of allowable garages for the parcel and for a garage more
than 2.200 sq. ft.
Relief Required:
The applicant request relief for fourth garage on parcel where only one is allowed.
Section 179- -020—Accessory Structures—garage'.
The applicant proposes to maintain an already constructed fourth garage that is detached where only one is
allowed. The garage also exceeds 2,200 sq. ft. maximum allowed.
Criteria for considering an Area Variance according to Cbapter 267 of Town La+uv:
In making a determination, the board shall consider:
t. Whether aux 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.
. 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 as the
buildings have already been constructed and only noted during an inspection request for a pool,
. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
&-, code. belief requested is to allow four garages where only one is allowed. Relief is also requested for
the size of the building 800 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 be considered
to have minimal to no impact on the environmental conditions of the site or area. The applicant has
explained there is an existing attached t1wee stall garage. a one stall garage used for lawn equipment, a wood
shed and a storage building all constructed in the 60's.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant request to mainWn an already constructed 3,000 sq. ft. garage and keeping three other garages
including the attached gavage to the horne on a 14 ac parcel. The applicant has indicated the garage is used for
storage of car collection. The building has water, electricity and a bathroom. The applicant has indicated no
car repairs occur in the building. The plans show the garage location and photos were provided.
Zoning Board of Appeals
ommunRy Development Department Staff Notes
DecP-02
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on December 12, 2017
Project Name: Roglierl. Kris
Owner; Roglierl, tris
1D Number: QBy-17 AV-79
County Project#- Dec17-02
Current Zoning: MDR
ommanity: Queensbury
Project Descriptiwi:
Applicant proposes to maintain already constructed 3,000 sf garage to al]OW for 3 ether detached buildings- all
considered garages due to door size greater titan 6 ft.
Site Locations:
40 North Rd
Tax Map Number(s)-
302.7-1-37
Staff Notes:
The warren County Planning Department finds that the project will not create any sig nikant inter-municipal or county-
wide imparts to the items identified in GML §239.
Local actions to date (if any).
County Planning Depairtment:
Approve
Local Action Thial Disposition-
ev 1 X13,12017
Warren County Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPART74ENT Y�1TWK 10 DAYS OF FI NAI.ACTION
Zoning Bo2rd of AppenIs—Record of Resolution
To n of Queensbijry 742 Bay Road Queensbury, NY 12804 (518) 761-8235
?arca Variance Resolution To: Approve 1 Disapprove
Applicant Name: Kris Rogiieri {. .
File Number: AV-79-2017
Location: 40 North Road
Tax Map Number. 302.7-1-37 x
BA Meeting Date: Wednesday, December 20, 2017
The Zoning Board of Appeals of the 'Town of Queensbury has received an application from Kris Reglieri.
Applicant proposes to maintain already constructed 3.000 sq. ft. garage as a fourth garage en the property.
Project site contains an existing 10,307 sq. ft. home, 550 +/- sq, ft. garage, 375 sq, ft, garage and 585 sq, ft.
wood shed. belief requested for maximum number of allowable garages for the parcel and for a garage more
than 2,200 sq. ft.
Relief Reyui�ed:
The applicant request relief for fourth garage on parcel where only one is allowed.
Section 179-5-020 —Accessory Structures —garage:
The applicant proposes to maintain an already constructed fourth garage that is detached where only one is
allowed. The garage also exceeds 2.200 sq ft maximum a]Io ed.
SEAR Type 11 — no firther review required;
A public hearing was advertised and Yield on Wednesday, December 20,2017;
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 Cade and Chapter 267
of NYS 'fawn Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable 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 arc not possible.
3. The requested variance is 1 i�; not substantial because
4. There is 1 is not ars ad-verse impact on the physical or environmental conditions in the neighborhood or
district?
5. Is the alleged difficulty is 1 is riot self-created because
b. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) f 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 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 FINDINGS, I MAKE A MOTION TO APPROVF, 1 DENY AREA, VARIANCE
Z-AV-79-2017 Kris I odieri, Introduced by , who moved for its adoption, seconded by
Duly adopted this OR' dap of December 2017 by the following vote:
AYES-
NOES,
YES:NOES
Town of Queensbury Zoning Board of Appeals
ommunHy Development Department Scoff Notes
Area Variance NG.: 78-2017
Project Applicant; Queensbury Square, LLC
Project Location: 909 State Route 9
Parcel History: F-SP-76-2017
SEQR Type: Type U
Fleeting Date: December 20,2017
Description of Proposed Froject:
,A,ppIicant proposes a new 5,460 sq. ft. commercial. building with potential for six unit retail areas and associated
site work. Project site currently contains 7,000 sq. ft. liquor store. Relief requested from minimum setback
requir tents for Commercial Intensive (CI) zone, Planning Board: Site PIan Review required for new business
use in the C1 zone.
Relief Required
The applicant requests Tehef from setbacks the C1 zone (Commercial Intensive).
Section 179-3-040 establishment of districts-dimensional Muirements Q1 zone
The applicant proposes a new 5,460 sq. ft. corr ercial building where the building is proposed to be 32. ft. from
the property line on V4reelcs Rd where a 75 ft, setback is required.
Criteria for considering an Area Variance aeco rding to Chapter 267 of Town Law:
In real€ng a determination, the Board shall consider:
1. Whether an undesirable chniage 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 impacts to the
neigbbonccod may be anticipated. The plans show delivery vehicle traffic entering on Weeks Ind and exiting
to Walmart route 9 light,
. Whether the benefit sought by the applicant can be achieved by same method, feasible for A
applicant to pursue, other than ars area variance. Feasible alternatives may be considered limited due to
the size of the parcel and the existing building on the parcel
. Wbether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested for 44 ft. for the front setback on Weeks lid.
4. Whether the proposed variance will have an adverse effect or impact on the physical 0r
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated. The applicant proposes the new building
to be facing the Wal-mart Parking area with all customer traffic to be directed through the existing Liquor
store curb cut and the Walrnart parking area curbcut. The. applicant also proposes to increase the green area
on the Liquor Stare area and plantings for the new building. Also the project includes associated lighting.
landscaping and storm ater management.
5. Whether the alleged difficu ity was self-created. The difficulty may be considered self-created
staff comments•
The applicant proposes 5,460 sq. ft. commercial building with potential for six unit retail areas. The relief is
requested for the back of the building facing Weeks ltd. The applicant has indicated this is the area that wi11 be
used for deliveries to the tennat spaces and is a oneway access. Project work includes associated site work for
the new building and for the existing 7,000 sq. ft. liquor store.The information submitted shoes the location the
new building and all of the site work to be completed.
Zoning Board of Appeals
ommunity Development Department Staff Notes
Decd 7-0'4
Warren County Planning Department
Project Review and Referral Form
Reviewer by Department on December 12, 2017
Project Name: Queensbury Square, LLG
CKvner- Liu, Monty
1D Number: QBY-17-SPR-76
County Project#: Dec 17-04
Cu3rrent Zoning: CI
Community: Queensbury
Project Description:
Applicant proposes to construct a new 5,460 corn marcial building vrith potential for 6 retail units with associated parking,
lighting, landscaping & stormwater. New building will be located ars vacant rear portlon of the site of existing Monty's
Discount Wines & Liquors.
Site Location:
909 State Rt 9
Tax Map Number(s).
296.17-1- 8
Staff Notes:
The Warren CountyPianning Department finds that the project will not cfeate any significantlnter-municipal 0 county-wide
impacts to the items identified in GML§239.
Local actlons to date (if any):
County Planning Department:
Approve
Local Action-/F!no] DisposFtion-
1211 312017
Warren County Planning Department Date Signed Loral Official Date Signed
PI.EASF RETURN THIS P ORM TO THE WARREN COUNTY PLANNING DEPARTMENT WYMIN 10 DAYS OF FINAL ACTION
J-C=%
honing Board of Appeals —Record of Resolution
WW- Town of Quemsbury 742. Bay Road Queensbury, NY 12804 (518) 761-8238
Town d{Lrccc mbifFy
Area Variance Resolution To-. Approve / Disapprove
Applicant Dante: Queensbury Squame, LLC
File Number. Z- -78-2017
Location: 909 Mate Route 9
Tax Map Dumber: 296.17-1-38
ZBA Meeting Daae: Wednesday, December 2 0, 2017
The Zoning Board of Appeals of the Town of Q ueensbury has received an application from Queensbury
Square, LLC. Applicant proposes a new 5,460 sq. ft, commercial building with potential for six unit retail
areas and associated site work. Project site currently contains 7,000 sq, ft. liquor store. Relief requested from
minimum setback requirements for Commercial Intensive (CI) zone. Planning Board: Site Plan Review
required for new business use in the ] zone.
Relies'Required:
The applic:ins requests relief from setbacks the CI zone (Commercial Intensive).
Section 179-3-040 establishment of districts-dimensional requirements_CI zone
The applicant proposes a new 5,460 sq ft commercial building where the building is proposed to be 3 2 ft from
the property line on Weeks Rd where a 75 fl setback is required
SEQR Type 11—no further review required;
public hearing was advertised and held an Wednesday, December 20, 2017;
Upon review of the application materials, information supplied during the public bearing, and upon
consideration of the criteria specified in Section 179-14-08(�A) of the Queensbury Tmvn Code and Chapter 267
of NY S Town Law and after discussion and deliberation, we find as follows-
PE R
ollows:PER THE DRAFT PROVIDED BY STAFF
1. There is 1 is Twt an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
Feasible alternatives are and have been considered by the Board. are.reasonable and.have beers
included to minimize the rcqu_est OR are not ossible,
3. The requested variance is 1 is not substantial because
4. There is 1 is not an adverse impact on the physical yr environmental conditions in the neighborhood or
district?
5. Is the alleged difficulty i 1 is not self-created because
. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / 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 Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up Ietter sent with this resolution.
BASED ON THE ABOVE FTN DrNG I MAKE A MOTION TO APPROVE! DITTY AREA VARIANCE
-A -78 2017 Queensbury Square. LLC, introduced by who moved for its adoption, seconded by
Duly adopted this 0'h day of December 20, 2017 by the following vote:
AYES:
FIDES;