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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;