Loading...
Additional Information for May ZBA review FETE! McPIIILLIP , FIT .ERALD ULLU L.L.P. � 3 2018 TOWN OF QUEENSBURY _ DE[Y[�f[5J.PHILLIPS ATTORNEYS AT T_.A IAINNING OFFLCE -- WILLIAM E.FrrZGERALD 288 GLEN STREET JAMESI-CULLUM P.O. �O X99 ERICC.SCRIVENKER DANIEL J,HO AR SnPIJErw L.PERKINS JOHN E.rITZGERALD JR.w GLENS FALLS,NY 12801-0299 MARY K.COSEU TE I0nIY S,SHULER PHONE, (518)792-1174 MELISSA DWYER LE5CAULT FAX: (5 18)792-1675 or(5 18)761-9810 FLORIDA OFFICE DE"IS J.O'CONNORZ 9994 NE 2i°Aven nr,Sul le 24d ED'%VARD P.HTZGERALD E-MAIL: law mfd5p.eo�n COURTNF,Y M.HASKINS MIAMI SHARES, 75 33!38 PHOiV E:(305) 751-8554 ESTABLISHED D 1911 TOLL FREE;{8T7}$99-4334 *ALSO ADmrrrED IN FLORIDA April 11, 2018 RE: Bapp (Richard & Sharon) -- Variances and Subdivision of 45 Ogden Road Dear-Boazd .Iembeirs. Rather than keep this personal situation private any longer, my clients have chosen to allow me to tell you that they wish to have their property subdivided for sale to help the surviving family of their now deceased daughter who recently died of cancer. The family faces an insurmountable mound of medical hills. If you are able to, please keep in mired the children my clients' daughter left behind and how a future sale could potentially lift the spirits of a devastated family. Having said that, the law dictates that the Zoning Board of Appeals shall consider various factors in determining whether to grant area variances. When I sat before the Zoning Board of Appeals in March, I tabled the decision as Four members of the Board said they would not grant area variances allowing the creation of two substandard lots from an already substandard lot. Three of the four members cited this reason as the only reason for not wanting to grant the area variances. There was no application of any factors or balancing test that the Zoning Board of Appeals is required to consider by law. I respectfully urge the Board to please consider the balancing test, which, in this case, includes three out of five factors tipping in favor of allowing the area variances (see attached). Furthermore, what is most imp oilant is that the benefit sought for the applicant is to be able to help their devastated family during taring tithes. Thank you for your time and consideration. Yours very truly, McPHILLIPS IT GERA CULLUM L.L.P. Ste en L. Perkins Town of Oueimsbury �Uhlhg Bowl of Appedis ommudlfy Dei;elo} me9i o Qi!ri"eP! StQf Holes Area Varipnee No. 21-20€8 Project Applicarnt: Richard & Sharon Rapp Project Locateow 45 Ogden Road Parcel 08toyy-. FSB-3-2018 EQR Type: Type U Meeting hate: March 21,2018 Desori bion ai'Pro used Project: Applicant proposes to subdivide a 1,37 acre parcel into two lots'of 0.92 acres and 0.46 acres. Thi existing home is to remain ort the larger parcel and the smaller parcel is to be sold. Relief requested from density, creating two I paxoels less than 2 acnes and minimum setback requirements of the existing home on the larger parcel (lot 1), Relief Required: The applicant requests the following relief: R.-,Ii of requested from density,ormflag two pamels less than 2 acres and minimurn setback requiremerkts of the existing.home on the larger parcel(lot 1). 172-3-040 5stablishmemt of Districts--dim sional r uimment D 7-oste The applicnmt requests the following relief: Relief requested from minimum lot size requirements to create rive lots of 0.92 ac(existing house to remain) and 0,46 ac(lot to be sold) in the MDR zanii)g district The,'MDR zoite requires acros if site is niat connected to sewer and eater. The site only has municipal water. belief is also requested fvr side setbacks for the existing haaie that is 18.5 ft setback on the south property line and a 25 it setback is required then front setback where the ho= i�29 ft setback and 30 ft is required. Criteria for considering an +Asea Variance accordin to t~hapter ta7 ol`Town 1[�uw: In making a determination,the board shall consider 1. Whether-an undesirable change will be produced in the character of e-�-neighbor d or a detriment to nearby properties will be created by the granting of this arca variance. Minor to no impact to the neighborhood may be amtiuipated. . Wbether the benefit vought by the app ' t-j�su.-U h—eved b method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited du fto the U'atiorl of the JaNAkqk�existing home. . Whether the requested area variance i&substantial. The request for relief may be considered substantial relevant to the code. 'The re t-f requested is 1.,08 ac for Lot 10.92 ac and k 1.54 at for Lot 2 0.46 ao. Relief is also requested or�tlt�Mouth side of the home of 6.5 ft. 4. Whether the proposed vflriance will have n-a eet or impact on #Ite pEr �sical or environmental conditions in the neigkborhoad or district. ivlinor to no impact, the physical w environmental conditions in the neighborhood may be anticipated. The appis'oant compliant septic system ran be installed on the situ along with the placement of the home. S. Whether-the alleged difficulty was self-created. The difficulty may be considered self-ureated. ta#�coutm�rxts: _ The applic,"proposes to subdivide a 1.37 au panel into two pu&els. One let is to be 0.92 ac and to maintain an existing home. The soc,ond lot is to be 0.46 au and is to be marketed for sale for a single family home. y , Area Variance I 4 Peguesting rel€ef from SECTION: 179-3-04GA. (3)�h?[11[x] Beed reIlef frorn density dImensiana€ requirement d Substandard Lot Size(.92 acres) o Should be 2 acres minimum since not connected to public sewer AND water syste ms o 54%valiance Whether an undestrabJe change wtil he produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? o By granting this area variance, in conjunction with the future suhdivisicn of the land at 45 Ogden load,the land at 45 Ogden Road viill become more in line with the character of the neighborhood. Currently, 45 Ogden Road is the largest parcel of land on Ogden Road having 1-37 acres, No other percel on Ogden Road is greater than 1 acre and every parcel save one lack con nection to both public sewer and water systems thereby requiring the panels to be a minimum of 2 acres. As such, this area variance helps to permit development con Sister�t with the existing substandard character of the neighborhood. (See Ogden Roast Parcels exhibit attached hareto). Q Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance? o The benefit sought from the area variance is to allow for the subd€v€s€on of land in order W be able to sell a parcel and to conform to the prevalent lot sizes on Ogden Road. This area varwance is necessary regardless c the lines and acreage of the parcels of the subdivision+ as It is Impossible to divide 1,37 acres into two 2.0 acre lots In order to satisfy the minimum acreage density requirements for moderate density resident!aI zones. Whet her the requested area variance is substantial? o The requested area variance is a 54 percent variance. Although mathernat€tally the variance may be tons Ida red "substantial", the totality of the dreurnstances must be considered. In light of the substandard lots throLrghout the neighborhood, it could be teasnnably stated that this variance,based on the totality of the circumstsn[es and not just the math ern atics, is not substantial. o Whether the proposed variance will have an adverse effect or impact on the physica€or environrnentaI conditions in the neighborhood or d€strict? o The proposed varianoe will not have an adverse effector impact on the physical or environments€conditions in the neighborhood- The natura€contpLrrs of the land will not he effected and the loll wl11 remaln sandy. Whether the alleged difficulty was self-created? o Yes, the alleged difficulty was self-created. Area Variance 2 4 Requesting relief from SECTION.179-3-040 A.(3)(b)[11[a] Beed relief from density dirnensionaI requirement Substandard lot Site(.46 acres) o Should be 2 acres minimum since not connected to public sewer AND water systems o 77%vadance e Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of than area variance? o Ely granting this area variance, in conjunction with the future subdivision of the land at 45 Ogden Road, the land at 45 Ogden Road will become more in line with the character of the neighborhood. Currently,45 Ogden Road is the largest parcel of land on Ogden Roar{klaving 1.37 acres. No other parcel on Ogden Road is greater than 1 acre and every parcel save one lack connection to both poblit sewer and Water systems thereby requiring the parcels to be a minimum of 2 acres. As such, this area variance helps to permit development consistent with the existing substandard character of the neighborhood. In fact, six other lots on Ogden Road are each about.46 acres. See Ogden Road Parcels exhibit attached hereto), • whether the benefit souSht by the applicant can be achieved by same method,feaslhle for the applicant to pursue, other than an area variance? o The benefit sought from the area variance is to allow for the subdiv!slon of land In order to be able to sell a parcel and conform to the prevalent Iot sixes on Ogden road_ This area variance is necessary regardless of the lines and acreage of the parcels of the subdivision as it is imposslble to divide 1.37 acres into two 2.0 acre lois in order to satisfy the minimum acreage density requirements for moderate density residential zones. ■ Whether the requested area variance is 5ubAantial? o The requested area variance is a 77 percent variance.Although mathematically the varlanee may be considered "substantlal",the tot alityofthe circumAanccs must he considered. in Tight of the substandard lots throughout the neighbvrhoQd, it could be reasonably stated that this variance,]used on the totality of the circumstances and not just the mathematics, is not substantial. O Whether the proposed vaNan cc will have an adverse effect or irnpact on the physical or envlroame nta I eoridltions In the neighborhood or district? o The proposed variance will not have an adverse effect or impact an the physical or environmental conditions in the neighborhood. The natural contours of the land w1i11 not be effacted and the soil wlli remain sandy. o W nether the alleged difficulty was self-created? o Yes,the alleged difficulty was self-created, Area Variance 3 8equesting relief from SECTIONS 179-3-040 A. (3)jb)[3) 4 Need relief from side yard setback dimen sionaI requirement 4 Slde Setback Variance for Lot 1(.92 acre let) o Side Setback should be 25 feet but It Is approximately 18.5 feet o About 26%vadance o Whether an urndasirable Change will be produced in the character of the ne 8hborh Do or a detriment to nearby property will be created by the granting of thls area varia rice? o By granting this area variance, in conjunction with the future 5ubd3vi510n of the land at 45 Ogden Road,the land at 45 Ogden Read will become more In lirtie with the character of the neighborhood. Currently,45 Ogden Road is the ]argest parcel of lana on Ogden Road having 1.37 acres, No other parcel ort Ogden goad is greater than 1 acre and every parcel save one lack connection to both public Sewer and water systems thereby requiring the parcels to be a minimum of 2 acres. As such, this area varlance helps to permit development consistent wlth the existing substandard character of the neighborhood. (See Ogden Road Parcels exhibit attached hereto). # Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area var;af,te? o As the property at 45 Ogden Road stands,In order to ach[eve a subdivision of the land there, area variances are required. The other option here is to apply for a road frontage area variance rather than a side sethack area varlance,but it is likely that the character of the neighborhood would be less disturbed, if disturbed at all, by a side setback variance. O Whether the requested area variance Is srrhaantial? o The requested area variance is about a 2G percent variance. Mathematically, the variance would likely not be considered"substantial',and, furthermore,the totality of the Circumstances, one of which is khat this variance is being sought to help allow for development irr conformity with the substandard character of the neighborhood, weigh In favor of a non-substantial variance. o whether the proposed variance Weil] have an adverse effect or impact an the physical or environmental conditions in the neighborhood or district? o The proposed variance will not have an adverse effect or impact on the phys'scaI yr environmental conditions in the neighborhood. The natural contours of the land will not be effected and the sail will remain sandy. o whether tree alleged difficulty was self-created? o Yes, the alleged difficulty was seIf-mr ned.