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Staff Notes Packet Wed., March 28, 2018 S�Rff Noteg ZBA Meeting Wednesday, March 28, 2018 Queensbury Zoning Board of Appeals Agenda Meeting: Wednesdcxy, March 28, 2018 Time. 7:00- 1 IDD pm Queensbury Activities Center- 742 Bay Road Agenda subject to change and maybe found ct: www.queensbury.net NEW USIN A ltrnnt(s) Dima&MattfimSudors Arc$Varinncc No Z-AY-19-2018 ()wnsr s D€sma&.Matthew Suders SE RA Type I I A en a Bartkat Pontiff,Sl wart+3t Rhodw,P.C. Out Size 4.77 ACWS) Location 42 Eagan Road Zoiing MDR Ward ND. Ward 4 Tax Ed No 304.17-1A Section 179-3440 Gross Ref n1a %Varreo Colinty Plannige I Na Public Heari 2A March 28 2018 Adirondack Park Age n/a Pro€ect Description Applicant proposal Pw*"op 4f a 864 sq_fl,"idea ial addition with edjo-lning 32.0 sq.8_garage(condo unit). The existing home is 2,040 sq_ft with an ambelved gwage_ The new unit would be to the rear arod well side of the horn. RcRuf requested for a d lex structure on a Eat that does not meet the lot size re uiremenis in the MDR zoning 3istroa A lican s Ernest Hikcrwhauxr Area'Varimice No Z-AV-I8-2018 s D&T Crmlive Pro -ea SEQRAType E E eats D&TCYzalivc Prvplenic5 1, sbx 4.44 Acrc(s Locatioa 323 Ridge Road Zoning MDR Ward No. Ward 2 T�lf id-No 303.5-1.64 Sfieri6n 179-3.048 CressRer RC44-201$ Warren Coun Piennin March 2018 PublkHemring I Much 2k 2018 Adirondack Park Agency I nfa Pro€est Desixiotion Applicant raquests to ow pooh a 96 sq,R,wand skary dormer and to construct a 72 sq_tf covered front parch to mm existing 1.357 scl$,(floor arm home_ Relief eqkwAled from xainimwn setback fegUhnIfflis. A nt s ]Cris D.R ieri Area Variance No 7-AV-17-2Ot8 Owner(s) Kris D.Roglieri SE R,A Type 1l Agent(s) BanlM Pontiff.Swpmrt&Rhodes,P.C. Lot Size 14.11 ALs Location 40 Nash R.aad Zoning MDR Ward Pio. Ward 2 Txx id No 302.7-147 See ian 174-54= Cross Rei AST 793-2E117;Z-AV=74=2817 Warren COUHty PlitDfliFlIZ March 2018 Public Hearing mafth 28,2018 Adirandack Park Agency o+a Prolect Descr€ptfan Applicant proposes to constnacl a 1,00 sq_13,pergda mw0aud with the proposed pwl project Reliefmgneated(awn maximum totals uarc fcolagu allowed for w,=sary 5truph1rrs ora the pared A licant S) Tom=Ellsworth Area Variance No Z-AV=16-2018 Owner(s) Taprerra EEtswortli SEORA Type Il A en s Hutchins EngimeE[rig EngineeringLot Size 0.70 Asrc(s Lac*lion 15 Frcnoh Mountain Drive Zoning RR-3A Ward No. Ward I Tax Id No 288.8-E-29 Seetioa 179-3-040; 179-5-100A Cross lief nJa Warren Coun Plannlp March 2018 PubU1 Hearing March 28,2018 1 Adirondack Park Agcucy I ALD Prnica btiitritltian Applirant propanes oonsfiwa an of a 2,054 sq.fL ranch style,single-story duplex;one unit is proposed to b060 aq. R, (footprint)with ouvered pordr,second unit is proposed to be 1,294 sq.$,(fomOnt)wi#h basement. Relief roques*W from minimum setback re uiremenu and far a du kx structure on a lot that docs not meet the minimum lot size re uirnmeas in the RR-3A zoning district Any further business that the Chairman dctcrmincs may be properly brought before the Tuning Round or Appeals. I.;LSue Hemingway�2U 19 Year ZBAIZBA March 20193ZBA Agenda Wed March 23 2018 Fina€.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Bates Area Variance o.: 19-2018 Project Applicant: Diann & Matthew Suders Project Location: 42 )Fagan Road Parcel Historv. [[AI SEQR Type: Type II Meeting Date: March 28,2018 Description of Proposed r'ro�oct: Applicant proposes construction of a 864 sq. ft. residential addition with adjoining 320 sq, ft. garage (condo unit). The existing home is 2,000 sq. ft. with an attached garage. The new unit would be to the rear and west side of the home. Relief requested for a duplex structure on a lot that does not meet the lot size requirements in the MDR zoning district. Relief Required: The applicant requests relief from a density requirement for a duplex in the MDR zone. Section 179-3-040 establishment of districts-dimensional requirements—moderate density iresidential zone The applicant proposes to construct an addition to an existing home converting the home where 4 ac is required per duelling and existing is 0.77 ac. Criteria for considering an Area Variance according to Chapter 267 of Towwn Lary: In making a determination,the board shall consider: 1. Whether an undesirable change will he 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 character may be anticipated from a3 single family dwelling neighborhood by adding a two family unit. . 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 if the request is for additional living space to the home without a second kitchen area would reduce the density request, $. Whether the requested area variance is substandaL The relief requested may be considered substantial relevant to the code. Relief requested is 3,2.3 acres, 4. Whether the proposed variance will have an adverse effect or impact on the physical or enviro a nien ta I conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. S. Whether the alleged difficulty was self created. The difficulty may be considered self-created. Staff Comm The applicant proposes an addition to an existing single family home to a foam family home. The plans show the location of the existing Dome and the addition location. Qt Zoning Board of Appeals —Record of Resolution Town of ueensbury 742 Bay Road Queensbury, NY 12804 ( 18) 761-8239 ,,area Variarnee Resolution To: Approve r Di 'approve Applicant Naive: Diana & Matthew Suders File Number: - -13-2018 Location: 42 Eagan Road Tax Map Number. 309.17-1- BA Meeting Date: Wednesday, March 28, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Diana & Matthew Sud en. Applicant proposes construction of a 864 sq. ft. residential addition with adjoining 320 s+ ft. garage (condo writ). The existing home is 2,000 sq. ft. with an attached garage. The new unit would be to the rear and west side of the home. Relief requested for a duplex structure on a lot that does not meet the lot size requirements in the MDR zoning district. Relief Required: The applicant requests relief from a density tequirement for a duplex in the MDR zone. Section 179-3-040 establishment of districts-dimensional requirements —moderate density residential zone The applicant proposes to construct an addition to an existing home converting the home where 4 ac is required per dwelling and existing is 0.77 ac, SP,QR Type 11 —no Ruther review required; A public hearing was advertised and held on Wednesday, March 29, 2018; 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 NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF I. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not ressible. 3. The requested variance is 1 is not substantial because 4. Thexe is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is 1 is not self-created because — — 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) 1 would be nutwcighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variauce 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 FINDING S, I MADE A MOTION TO APPROVE / DEi�1'Y AREA VARIANCE Z- -19-2018, Diana & Matthew Suders, Introduced by _, who moved for its adoption, seconded by Duly adopted this 2 8'3`play of March, 2 D1by the following vote: AYES: NOES- Town of Queensbury Zoning Board of Appeals ommunity Development Deportment Staff Notes Area Variance No.: 18-2418 Project Applicant: Ernest Hilpertshanser Project Location: 323 Ridge Road Parcel History- RC 40-2018 SEAR Type: Type II Meeting Date: March 28,2018 Description of Proposed Project: Applicant requests to complete a 96 sq. ft, second store dormer and to construct a 72 sq. ft, covered front porch to an existing 1,357 sq_ ft. (floor area) home. Relief requested from minimum setback requiremients. Relief Required: The applicant requests relief from setback requirements of the MDR zone. 179-3-040 Establishment of Districts—dimensional re uirement MDR zone The applicant proposes to complete a 96 sq ft second story dormer and to construct a 72 sq ft covered porch that All be 15.7 ft firom the front property line where a 30 R set hack is required. {Date current dormer construction is located 21.7 ft from the front property line and is subject to the variance to be completed) Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. 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 due to the existing house location. 3. Whether the requested area variance is substantial. The request for relief may be considered moderale relevant to the code. The relief requested is 14.3 ft for the porch and 8.3 ft for the dormer. 4. Whether the proposed variance will have an adverse effect or impact on the physical or 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 has shown the location of the home. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff cammentai The applicant proposes to complete construction of dormer and to construct a covered porch at the front of the home. The downer under construction currently does not meet the setback at 21.7 ft where the applicant was informed during construction the project would require a building permit and an area variance. The applicant has provided information for the covered porch to be built in the, future. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, ICY 12804 ( 18) 761-8238 Town of C�ccush�ir}. Area Variancc Resolution To: Approve I Disapprove Applicant Name: Ernest Hilpertshauser File Number: - -182018 Location: 323 Ridge Road Tax Map Number: 303.5-1-64 BA Meeting Date: Wednesday, March 2.8, 2018 The Zoning Board of Appeals of the To-m of Queensbury has received ars application from Ernest Hilpertshauser. Applicant requests to complete a 96 sq. ft. second story dormer and to construct a 72 sq. ft. covered front porch to an existing 1,357 sq. ft. (floor area) horne. Relief requested from minimum setback requirements. Relief Required: The applicant requests relief from setback requirements of the MDR zone. 179-3-040 Establishment of Districts—dimensional requirement MDR zone The applicant proposes to complete a 96 sq ft second story dormer and to construct a 72 sq ft covered poreb that will be 15.7 ft from the front property line where a 30 ft set back is required. (Note current dormer construction is located 21.7 ft from the front property line and is subject to the variance to be completed) SEQR Type II — no ftirther review required; A public hearing was advertised and held on Wednesday, March 28, 2018; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-O80(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER Ti IE DRAFT PROV II ED BY STAFF 1, There is I is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to.minimize the request OR are not possible, 3. The requested variance is 1 is not substantial because 4, Where is I is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. Is the alleged difficulty is 1 is not self-created because In addition the Board finds that the benefit to the applicant ftoin granting the reNuested variance would outweigh (a royal) 1 would he outweighed b denial the resulting detrimen# to the health, safety and welfare of the neigh of-hood 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 Ilio items outlined its the follow-up letter sent with this resolution- BASED ON THE ABOVE FINDINGS. I MAKE A MOTION TO APPROVE / DENY ARl~.A VARIANCE Z,-A -18-201K Ernest Hilyertshauser, Introduced by . who moved for its adoption, seconded by Duly adopted this 28th days of March, 2018 by the following vote: AYE : NOES: 14Iar18-18 Warren County Planning Department Project Review and Referrai Form Reviewed by Department on March 19, 2018 Project Dame: Hilpertshauser, Ernest :Owner: D&T Creative Properties ID Number: QBY-I8-A -18 County Project#: Mari 8-18 Current Zoning: MDR Community: Queensbury Project Description: Applicant proposes to complete construction of a 96 sf dormer ort second story. will include expanded bathroom &master bedroom. Project also includes a new front porch area. Site Location: 323 Ridge Rd Tax Map Number(s): 303.5-1-64 Staff dotes: The Warren CountyPIanning Department finds that the project will not create any significantinter-municipal or county- ide impacts to the items identified in G ML §239_ Local actions to elate(if any): County Planning Department: NCI Local Action:IRinal Disposition: �� M1 311912018 Warren County Pianning Department Date Signed Local Official Date Signed PLEASE RETURN TJ[IS CORM TO THF,V4ARKEN COLWTY PLANNING DEPARTMENT WITRIN]D DAYS OF FINAL ACTION Town of Queensbury Zoning Board of Appeals Community Development Department Stall Notes Area Variance NG.: 17-2018 Project Applicant: Kris D.Roglieri Prot Location: 40 North Road Parcel History: AST 793-2017, -A, -79-2017 SEAR Type: Type II Meeting Date: March 2.8,20 18 Description of Proposed )�rvjed Applicant proposes to construct a 1,000 sq, ft. pergola associated with the proposed pool project. Relief requested from maxinawn total square footage allowed for accessory structures ori the parcel. Relief Required: The applicant requests relief from the maximum total square footage allowed for accessory structures on the parcel. Section 179-5-Q O Accessory Structures—perms The applicant proposes to construct a 1,000 sq ft pergola over a proposed pool and pool patio area. The parcel currently has 4 garages (attached 1,250, detached 390 sq ft, classic car storage 3,000 sq ft, , and equipment shed 6 sq ft). The existing wood shed is 470 sq ft and the pergola at 1,000 sq fl are the two accessory structure and exceeds the total sq=e footage maximum allowed is 750 sq fl and proposed is 1474 sq ft. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: I. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this arca variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the pergola size. . 'Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief requested 720 sq f.. 4. 'Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhuad or distriet. The project as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created, Staff comments• The applicant proposes to construct a 1,000 sq ft pergola structure to be associated with a pool project that is under construction. The plans. show the location of the pergola and the artist renditions shoes t17e type of structure to be built. Marls-19 Warren County Planning Department Projeet Review and Referral Form Reviewed by Department on March 19, 2018 Project Name: Roglieri, Kris Owner: Roglieri, Kris ID Number: OBY-18-AV-17 County Project#: Marn-19 Current Zoning: MDH Community: Queensbury Project Description: Applicant proposes a 1,000 sf pergola associated w{the pool construction. The pergola is a 2nd aocessory structure but exceeds the square footage allowed_ Site Location: 40 NcTth Rd Tax Map Number(s): 302.7-1-37 Staff Notes: The Warren CountyPlanning Department finds [hat the project will not create any significantin[er-munidpal or county-wide impacts to the items identified in Gfu1L§239. Local actions to dke (if any); County donning Department: NCI Local Action:/) final Disposition: 311912018 Warren County Planning Department Date Signed Local Official Date Signed PLEASE 1RF3TURN THIS MRhi TO THE WARREN COUNTY PLANNING DEPARTMENT RITHTN 10 DAYS OF FINAL ACTION ow Z,olaiing Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 romk of Qavmhury Area 'Variance resolution To: Approve/ Disapprove Applicant Name. Kris D. Roglieri �= 4� File Number- -AV-17-201 S Location: 40 North road Tax Map Number; 302.7-1-37 BA Meeting Date: Wednesday, March 28, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Kris D. Rogiieri. Applicant proposes to construct a 1,000 sq. ft. pergola associated with the proposed pool project. Relief requested from maximum total square footage allowed for accessory structures on the parcel. Relief Required: The applicant requests relief from the maximum total square footage al lowed for accessory structures on the parcel. Section 179-5-020—Accessory Structures dXygola: The applicant proposes to construct a 1,000 sq it pergola over a proposed pool and pool patio area. The parcel currently has 4 garages (attached 1,2.50, detached 390 sq 1t, classic car storage 3,000 sq ft, , and equipment shed 626 sq ft). The existing wood skied is 470 sq ft and the pergola at 1,000 sq ft are the two accessory structure and exceeds the total square footage maximum allowed is 750 sq ft and proposed is 1470 sq ft. S EQR Type II—no further review required, A public hearing was advertised and held on Wednesday, March 28, 2018, Upon review of the application materials, inYformation supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080( ) of the Queensbury Town Code and Chapter 267 ofNYS Town 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 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. - . The rerluested variance is 1 is not substantial because 4. ``here is f is not ars 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 from granting the requested variance would outweigh(Mroval) 1 would be outwcighcd by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or wrnmunity; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the fallowing conditions: a) c) Adherence to the items outlined its the follow-up letter sent vAth this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE 1 DEN Y AREA VARIANCE -A -17-201 . Kris D. Rvglieri, Introduced by , who moved for its adoption, seconded by Duly adopted this 28th day of March 2418 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Motes Arta Variance No.. 16-2018 Project Applicant: Tawar3ra Ellsworth Project Location: 15 French MounWn Drive Parcel History: n!a SEAR TI l - T pe 11 Meeting Date: March 28,2018 Description of Proposed Project: Applicant proposes construction ofa 2,054 sq. ft. ranch style, single-story duplex, one unit is proposed to be 760 sq. ft. (footprint) with covered poach; second unit is proposed to be 1,294 sq. ft. (footprint)with basement. Re I ief requested from minimum setback requirements and for a duplex structure on a lot that does not meet the minimum lot size requirements in the RR-3A zoning district. ]belief leu lred: The applicant requests relief from minimum setbacks and for a density requirement for a duplex in the RR3A zone. e0ion 179-3-.040 eMblisbrnent_Qf districts-dimensional requirements—rur4l midWial three acre The applicant proposes to conamet a duplex on an existing 0.68 ac parcel where 3 ac is required per dwelling. The home is to be located 78(from the front and 66 ftto the rear where a LOU ft setback is required,then 63.5 ft from the north side and 35 ft from the south side where a 75 ft setback is required. Criwria far considering a Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: I. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood character may be anticipated from a single family dwelling neighborhood by adding a duplex. . 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 if the request is for additional living space to the home without a second kitchen area would reduce the density request. Although, new construction of single family dwelling would require at least setback variances due to the zoning requirement of the Mural residential 3 ac zone. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code, belief is requested for front setback of 22 ft rear setback of 34 ft,then side setback on the north side 11.5 ft.and the south side 40 ft. Lot size relief is 5.32 acres. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The project includes an on-site waste water system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to a duplex of a 2,080 sq ft(footprint) and associated site work. The plans show one unit to be 3 bedroom unit and a second unit to be 1 bedroom unit. l4',tar18-28 Warren bounty planning Department Project Review and Referral Farm Reviewed by Department on March 19, 2018 Project Name: Ellsworth, Tarnarfe Qvmer: Ellsworth, Tamarfa 11)Number: OBY-18-AV-16 County Project#: Mar18-20 Current Zoning: RR-3A Community: Queensbury Project Description: Applicant proposes construction of single story 2084 sf building with two units-one with 760+1- (with covered porch)to be rented and 2nd unit wJ 1187 sf with basement floor areas. Site Location: 16 French Mountain Dr Tax Map Number(s): 288.8-1-29 Staff Dotes: The Werren CountyPlanning Department finds that the project will not create any significantinter-municipal or county-wide impacts to the items Identified in G M L §239, Local actions to date (if any): County F lanning Department: NCI Local Actian;11R9na1 Disposition: 911 X12018 Warren County Planning Department Date signed Local Official Date Signed PLEASE RETURN THIS FORM TO THS:WARREN COUNTY PLANNINC,DEPARTMENT WIYMN 10 DAYS OF FINAL DICTION Zoning Board of Appeals —record of Resolution Town of Queembliry 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Rule ;rf{ eoce�s.c��rrrw Area Variance Resolution To: Approve 1 Disappmvc Applicant Naive: Tarnarra Ellsworth Rile Number: -AV-]6-2418 Location: 15 French Mountain Dri-ve Tax Map Number. 288.8-1-2 ISA Meeting Date. Wednesday, March 28, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Tam arra Ellsworth. Applicant proposes construction of 2,054 sq. ft. ranch style, single-story duplex; one unit is proposed to be 760 sq. ft. (footprint) with covered porch; second unit is proposed to be 1,294 sq. ft. {footprint}with basernent. Re]ief requested from minimum setback requirements and for a dup]ex structure on a lot that docs not rneet the minimum lot size requirements in the RR-3A zoning district' Relief Required. The applicant requests relief from minlmLLm setbacks and for a density requirement for a duplex in the R 3A zone. Section 179-3-040 establishment of districts-dimensional requirements —rural residential three acre The applicant proposes to construct a duplex on an existing 0.68 ac parcel where 3 ac is required per dwell ing. The home is to be located 78 f from the front and 66 ft to the rear where a 100 ft setback is required, then 63.5 ft from the north side and 35 ft from the south side where a 75 ft setback is required- SEAR Type II—no further review required; A public hearing was advertised and held on Wednesday, March 28, 2018; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria speei fled in Section 179-14-080(A) of the Queensbury'Town Code and Chapter 267 of NYS Town Law and alter discussion and deliberation, we find as follows: PER THE DRAI-T PROVIDED BY STA FF 1, There is 1 is not an undesirable change in the eharacter of the neighborhood nor a detriment to nearby properties because .. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to n,inirnire the request OR arg not possible. 3. The requested variance is 1 is not substantial because 4. There is / is not an adverse impact oil the physical or environmental conditions in the neighborhood or district? 5. Is the a]ie ed difficulty is f is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) 1 would be out eighcd 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 follovi ng 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 APPROVE 1 DENY AREA VARIANCE -AV-1 -2018, Tamarra Ellsworth, Introduced by , who moved for its adoption, seconded by... Dulv adopted this 28th day of March 201 S by the following vote: AYES NOES: .. s� .