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Staff Notes Packet for ZBA Wed., May 16, 2018 �'�taff Notes ZBA Meeting Wednesday, May 16, 2018 Queensbury Zoning Board of Appeals Agenda fleeting: Wednesday. May 16, 2018 Time: 7:00- 11.00 pm Queensbury Activities Center- 742 Bay Road Agenda subject to change and moy be found at; www.queensbury.net Approval of meeting minutes: April 18,2418 Administrative Item: Further Table; Z-AV-28-2017 Seaton 308& 310 Coritith Road OLD BUSINESS, Applicant(s) Richard&Sharon Rapp Area Variance Na Z-AV-21-2018 OWner s Richard& Sharon Hap2 SEQRA TypE II Agents) Stephen I._Perkins,McPkillips,Fitzgerald&. Lot Size 1.37 Acres) Cullum,LLP Ucation 45 Ogden Road Zoning MDR Ward No. WEffd 4 Tax Id No 3{38.19-1-29.1 Seetioo 179-3-040 Cross Ref P-SB-3-2018 Warrem Cvtmty Plin niM via Public Hearing March 21,2018;May 16,2018 Adirondack Park Agency n/a Project Descript.ion Appticant proposes to subdivide a 1.37 acre parcel into two Tuts of 4.92 acres and 0.46 a=S. The existing home is to remain on[he larger parcel and the smaller parcel is to be sold. Relief requested from density,creating two parcels less than 2 acres and minimum setback rc uircmcnts of the cxisfing bums on the larger parcrl(1011)6 Applicant(s) Diana& Matthew Suders Area Vat-ion" Nro AV-19-2018 Owners Diana& Manhew Suders SF's RA Type iI Agent(s) Bartlett,Pontin Stewart&Rhodes,RC Lot Size 0.77 Acre(s) Location 42 E9,Pt Road Zoning MDR Ward No. Ward4 Tax 14 No 309.17-I-9 1 Section 179-3-040 Cross M n!n Warren County Plennin n/a Pu bile Hear!nz Main 28,2018;May Ik 2018 Adirondack PlarkAgeing rda Project Descriptian Applicant proposes(revised)construction of a 792 sq.$, second story addition above the garage and 352 sq. ft. third bay on the existing garage. The existing home is 2.000 sq,k with an attached garage. Relief requested far a duplex strucmre on a lot that does not meet the lot sire rtgairements in the MDR zoniqj district. NEW BUSINESS: A licant s Scott Rowiand Area Variance No Z-AV-27-2418 Owners Erin Miller Sl RA Type 11 Agent(s) n/a Lot Size 4.37 acres Location 749 West.Mountain Road Zoning MDR Ward Into. Ward 3 Tax Id No 301.5-1-3 Section I79-4-050 Crass Ref g-SB-3-2418 Prelim; P-SB-6-2418 Final arren CountyPlanningMay 2018 Public Hearin M ib,2018 Adirondack Park Age n Project Description App1 icant proposes a 2-lot subdivision of a 4,37 acre parcel_ Lot 1 to be 2.41 acres and Lot 2 to be 2.36 a=s;each lot to have 180 it,of road frontage. Feel let requested from min imum road frontage requirements for the new lots created in the MDR zoning district and for a second (maintaining cxistiU and qosing an attached now to house). Planning Board. Subdivision Review required. Page I of 2 Queensbury Zoning Board of Appeals Agenda A+Meelinga Wednesday. May 16. 2018 Time; 7:00- 11 ;00 pm Queensbury Activities Center- 7 42 Bay Road Agenda subject to change and may be found at. www.clueensbLiry.net A Iican s Cornmun' I of West GF Area Variance No Z-AVJ8-2018 Owne s Community Chapel of Wast OF SE RA Type I Il A n s n/a Loot Size 0.12 acres Location 55 Main Street Zoning IVIS Ward No. Ward 4 Tax Id No 309,10-2-69 Section 179-3-044 Cross Ref n1a Warren County Planning May2018 Public Rearing May 16,2018 Adirondack Park Agency nla Project Description Applicant proposes to complete the 400 sq,tL carport addition to the existing church entrance on Newcomb Street side. Relief requested kom minimurn setback requirements for Otic Main Street coning district. Plann ing Board; Addition to existing building in Main Street zone requires Site Plan Review. A Rican S Fadcn En.Eerprises Area Variance No Z-AV-34-2018 Own s 894 Realty,LLC SEQRA Type 11 -Agen s Lansing Engineering.PC Lot Size 122 acres Location 8%State Route 9 Zoning CM Ward No. Ward 1 Tax Id No 296.17-1-49 Section 174-3 ' 179-4-090 Crosse Ref P-SP-36-2018 Warren County Planning May 2018 Public Hearin May 1 2018 Adirondack Park Agency Yrfa Project Description Applicant proposes demolition of an existing building to construct an I Ip400 sq.fl,single-story multi-tenant canuner4al building_ Project site work includes major grading and filling,new access,and interconnect to adjoining restaurant_ Relief sought for setback on Montray Road and parking nuimmmyt& Planning Hoard! Site Plan Review far new commercial development A liean s Fadcn Enterprises area Variance No AV-35-2018 Owners Everest Enterprises, ILC SE RA Type 11 Agent(s) Lansing Engineering,FC Lit Size 1.72 acres Gocal3OM 900 State Route 9 Zoning Cm Ward No, Ward 1 Tax Id Nu 296.17-1-47 Section 179-3-040 Cross Ref F-SP-37-2018 Warren County Phitaing May 2016 Public Hearin M I6 2018 Adirmrdack Park A enc rJa Project Description Applicant proposes new parking improvements and an intefconnect within a neighboring property 10 the south_ Addidoml hard surfacing exceeds site pernleabi lity, Relief sought For pemxability less than 30 percent Planning Hoard: Site Plan Review for new site development. Any further business that the Chainnan determines may be properly brought before the Zon trig Board of Appeals Page 2 of 2 L_kS uc Hem ingv ayQ0I B Year Z,BAI7.BA May 201 MBA Final Agcnda Wed_,May I k 2018 5,01.201 S b" Zoning Beard of Appeals– 1 ecord of Resolution Town of Queensbury 742 Bay load Q ueensbury, NY 12804 (518) '761-5238 Tmvu d(Lu tnsG«ny Area Variance Resolution To: Table Applicant Namc: Seaton Property Holdings, LLC (A-1 Tree Works) File,Number: -AV- 8-2017 9DRAIr Location: 308 and 310 Corinth Road Tax Map ;umber: 308.16-1-55, 59 and 61 BA Meeting Date: Wednesday, May 16, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Seaton Property Holdings,LLC (A-1 Tree Works). Applicant proposes operation of a wood processing facility with a new 15,000 sq ft enclosed pole barn for wood products and to install two 1,200 sq. #t. loin units on the site. Project includes merger of lots 308.16-1-55, -56, -5 8 & 61. Project includes continued auto facility for C& J automotive. Project includes already in use new storage area, maintaining 4 existing buildings on the merged properties, additional clearing, installation of a gravel parking area and material storage area (logs, woodchips etc). Relief requested from rninirnurn lot size requirements for the firewood processing facility in the CLI zoning district were 100 ac is required. Planning Board: Site plan and Special use permit for lighting manufacturing of wood }products for a logging processing company. The applicant requests relief froth ininimurn lot size required for a sawmill, wood product operations, and firewood processing facility in the C Ll zoning district were 100 ac is required. 179-10-010 SRgcial Use Permit Criteria for Commercial [i&t industrial zone. The applicant proposes a wood product operations (defined as SAWMILL, CHIPPING and PALLET MILL- Any building, site or place used for the cutting or milling of raw timber into dimensional lumber, pallets, chips or other wood products.) where 100 an, is required and the existing site is 9.4 ac. SEAR Type II–no further review required; A public, hearing was advertised and held on Wednesday, April 19, 2017 and Left Open; BASED ON THE ABOVE FINDINGS. I MAKE A MOTION TO TABLE AREA VARIANCE AV-28-2017 Seaton Ptopea HoIdLngs, LLQ -1 Tree Works), Introduced by who moved for its adoption, seconded by — until the meeting with pertinent information to be submitted by Duly adopted this 16"' day of May, 2018 by the fallowing Grote: AYES- NOES: YESNOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Nofes Area Variance No.: 21-2018 Project Applicant: Richard & Sharon Bapp Project Location: 45 Ogden load 1 Ward 4 Parcel History: SUE 3-2018 SEAR Type: ` 'Fe 11 Meeting Date: May 16,2018 Description of Proposed Project: Applicant proposes W subdivide a 1.37 acre parcel into two lots of 0.92 acres and 0.46 acres. The existing tome is to remain on the larger parcel and the smaller parcel is to be sold. Relief requested from density,creating two parcels less than 2 acres and minimum setback requirements of the existing home on the larger parcel (lot 1). Relief Required: The applicant requests the following relief•. Relief requested from density, creating two parcels less than 2 acres and minimum setback requirements of the existing home on the larger parcel (lot 1). 179-3-040 Establishment of Districts-dimensional requirement MDR zone The applicant requests the following relief: Relief requested from minimum lot size requirements to create two lots of 0.92 ac(existing house to remain)and 0.46 ac(lot to be sold) in the MDR Zoning district. The MDR zone requires 2 acres if site is not connected to sewer and water. The site only has municipal water. Relief is also requested for side setbacks far the existing dome that is 18.511 setback on the south property Iine and a 25 ft setback is required then front setback where the home is 29 ft setback and 30 ft is required. Criteria for considering an Area Variance according to Chapter 2. 7 of Town In making a determination,the brd 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. Minot 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 nn area variance. Feasible alternatives may be considered limited due to the location of the location of the existing home. 3. Whether the requested area variance is substantial. The request for relief may be considered substantial relevant to the code. The relief requested is 1,48 ac for Lot 1 0.92 ac and is 1.54 ac for Lot 2 0.46 ar- Relief is also requested for the south side of the home of 6.5 ft. 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 a compliant septic system can be installed on the site along with the placement of the home. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff eomments: The applicant proposes to subdivide a 1.37 ae parcel into two parcels. One lot is to be 0.92 ac and to maintain an existing home. The second lot is to be 0.46 ac and is to be marketed for sale for a single family home. The applicant has submitted neer information from an older tax map showing the lot configuration in the area. WPHILLIPS, FITZGRl kLl) CULLUM L.L.P. Dr--NNt9J.PHILLIPS ATTORNE S AT I--AW WILLIAM i':.FITZGERAL[3 �$$ LE]M! Tft�i�T JAME L[1�Q ERI C.SCH EN«e� nxNIE RO L J.r� cAr� P.O. BOX 290 �� JOHN E.FETZGERt LLD 1R.* EN ssEraiDe L FALM NY 1280[-0294 t[ PE91K[Ns[C co5Fcx T[MOTHYs.SK ILER PH0ME: (5IS)792-1174 MELS DWYER LESCAULT ENIJ.O'COKhOR,' FAX: (5 18) 792-16'15 or(51 S) 761-491Q EDWARD F.FITLGERALD E-NiG: lawr�fctlp.co€ 999 NE y�" Area ue�,SCexFkFe�M�EIR f4iiAiui[SK#ODES,FL33136 C Uig[h�CY M.Irl S�C[E1S PHOKH:(305)7';14556 EST, i3LPgIL�D19t1 WLLFRIG:E:(877)s -433 hi.$O A 0M�7TEiS N RL{}ItID{� File No.: 222811 VIA MAIL Town of Queensbury 742 Bay Road uccnsbury, New York 12804 March 29, 2019 RE, I3app {Richard & Sharon) - Variance & subdivision Tile Number: -A -21-2018 Dear irfMada[n: Enclosed please find tax maps to be included with our application materials for the file number referenced above. I am sending these for purposes of placement on the May ZBA agenda and to have them added to our subdivision application. Thank you for your time and consideration. `fours very truly, McPHILLIPS, FITZGERALD & CULLUM L.L.P. !" , Stephen L. Perkins sperkios[r nfel 1p-com RECEIVE SLPJiL1w1 TOWN OF QUE1--,jm!SB R PLANNING C)FFICE L% 1Pm �°' f � +. i-I { h '4!a l L. '�{ r f y t. i,.}}.' #. ..s,•'' I . � L I iL S +I L� �L hL' '.� a h� 6 1 �I L� �� ��' aL f +�• Y' ,p��{ 'L�:� '.:L �.'1.. 'nh '��'f. :".y' �: � _, -. -� .. .t'J ,7L744 14 ± 'Y1 1i �'t iy.. „. .a .+'1.',°` L 4 Ptr ` ; Sf L y.� -; '+ ° 5" S. .11 `� a+ r - — y':11h21IX•} u L �~ "• y - -- .w 'o- 3L4i1-�1 do IL - na, 1.70,!ICrim,yc1 T _ 1 I s 'rt a '4 1 F- - y f24 J ti YLst ....._ '• d4 �y + Is 1 - 41f i .LIw 77 won : . . :. Zening Board of Appeals— record of Resolution Town of Queensbury 742 Bay Toad Q ueensbury, NY 12,804 (518) 761-8238 Tome oFLLuwshuy Area Variance Resolution 'leo: Approve 1 Disapprove Applicant Name: Richard &. Sharon Bapp File Number: -A -2.1-2.01 Location: 45 Ogden load Tax Map Number. 308,19-1-29.1 )ESA Meeting Date: Wednesday, May 16, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard & Sharon Bapp. Applicant proposes to subdivide a 137 acre parcel into two lots of 0.92 acres and 0.46 acres, The existing home is to remain on the larger parcel and the smaller parcel is to be sold. Relief requested from density, creating two parcels less than 2 acres and minimum setback requirements of the existing home on the larger parcel (lot 1). Relief)lRegmired: The applicant requests the following relief.. Relief requested from density, creating two parcels less than 2 acres and minimum setback requirements oif`the existing home on the larger parcel (lot 1), 179- -040 Establishment of Districts-dimensional requirement MDR zone The applicant requests the follmAing relief. Relief requested frorn minimum lot size requirements to create two lots of 0.92 ac (existing house to remain) and 0.46 etc (lot to be sold) in the MDR zoning district. The MDR zone requires 2. acres if site is not connected to sewer and water. The site only has municipal water. Relief is also requested for side setbacks for the existing home that is 18.5 ft setback on the south property line and a 2.5 ft setback is required then front setback where the home is 29 ft setback and 30 ft is required. SEAR Type II—no further review required; A public hearing was advertised and held on Wed., March 21, 2018; Wed., May 16, 2018 Upon review of the application materials, information supplied during the public bearing, and upon consideration of the criteria specified in Section 179-14-08b(A) of the Queensbury Town Code and Chapter 267 o f N YS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT P1 O IDF-D BY STAFF 1. There is l 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 passible, 3. The requested variance is/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. 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 out 4ziigh .Capproval) 1 would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Burd also finds that the variance request under consideration is the minimum necessary; . The Board also proposes the following conditions: a) y{ *-'1 i 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/ DENY AREA VARIANCE AV- 1-201 S. Richard & Sharon Baria, hitroduced b _, v,,ho moved for its adoption, seconded by Duly adopted this 16`fi day of May 2 b 19 by the following vote: AS: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 19-2018 Project Applicant: Diana & Matthew Suders Project Location: 42 Eagan Road Parcel History: n1a SEQR Type: Type II Meeting Date: May 16,2019 Description of Proposed Project: Applicant proposes (revised) construction of 792 sq. fl, second story addition above the garage and 352 sq. ft. third bay on the existing garage. The existing home is 2,000 sq. ft. with an attached garage. Reliefrequested for a duplex structure on a lot that does not meet the lot size requirements in the MDR zoning district Relief Req 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 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 arc. Criteria for considering an Area Variance amrdfng to Chapter 267 of Town Law: In asking a determination, the board shall consider: 1. Whether an aadesirable change will he produt;ed In the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area varian(e. Minor impacts to the neighborhood character may be anticipated from a single family dwelling neighborhood by adding a two family unit. 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 remove the second kitchen and separate access from the porch area. . Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief requested is 3.23 acres. 4. Whether the proposed variance will have an adverse effect or impact on the physical or envirenmentaI conditions in the neighborhood or district Mirror to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments The applicant has revised the plans to with a second story addition and an additional garage bay. The applicant has indicated there is to be access from the addition to the inside of the home. The applicant propsoes to have a second kitchen as shown on the plan. The applicant has provided a letter indicating neighbors accept the revised plans. The plans show the revised addition location and new garage bay. MEMO honing Board of Appeals—Recard ofRcsolution Town of ueen�bury 742 tray Road Queensbury, NY 12.504 (518) 761-5238 Town d(Zirccnsbruy Area Variance Resolution To: Table42�— f Applicant Name: Diana& Matthew Suders {* File Number: -A -19-2.018 { Location: 42 Eagan Road Tax leap Number. 309.17-1-9 BA Meeting Date: Wednesday, May 16, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Diana & Matthew Sutlers. Applicant proposes (revised) construction of a 792 sq. . . second story addition above the garage and 352 sq. ft. third bay on the existing garage. The existing borne is 2,000 sq, ft with an attached garage. Relief requested far a duplex structure on a lot that floes not meet the lot size requirements in the MIDR zoning district Relief Required: Tho applicant requests relief from a density requirement for a duplex in the MDR zone. Section 179-3-040 establishment of districts-dimen si -nal req uirements—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. MOTION TO TABLE AREA VARIANCE -AV-1 -2018 DIANA & NIAT'THEW SUDERS. Introduced by who moved for its adoption, seconded by Until the May 2P meeting of the Zoning Board of Appeals. Duly adopted this 16"' day of May, 2018, by the following vote, AYES: NOES; Town of Queensbury Zoning Board of Appeals Comrnunily Development Department Staff Notes Area Variance No.: 27-2018 Project Applicant: Scott Rowland Project Location: 749 Wv;t Mt.load Parcel Historv: P-SH-5-2018 Prelim; P-SB-6-2018 i<inat SUQR Type: Type H Meeting Date: May 16,20 .8 Description of Proposed Project: Applicant proposes a 2-lot subdivision of a 4.37 acre parcel. Lot 1 to be 2..01 acres and Lot 2. to be 2.36 acres; each lot to have 180 it. of road frontage. Relief requested from minimum road frontage/ lot width requirements for the new Iots created in the MDR zoning district and for a second garage (maintaining existing and proposing an attached new to house). Planning Board: Subdivision review required. Relief Regaired The applicant requests relief from minimum road frontage requirements for the new lots created in the MDR zoning district and for a second garage (maintaining existing and proposing an attached new to house). Section 179-3-040 establishment of districts and Section 179-19-020 Access mann ement The applicant proposes a two lots with 180 ft of road frontage where 200 ft is required and an average lot width of less than 200 ft, Section 179-5-020 JGarai4e The applicant proposes a two lot subdivision where an existing building will be Iocated on Lot 2 where a neve home with an attached garage is proposed. Relief requested for a second garage. Criteria for considering n Area Valiance 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 ora deiriment 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 arca variance. Feasible alternatives may be considered due to the existing road frontage for the main parcel. The project site is required double the road frontage due to West Mtn Road being artierial road 3. Whether the requested arca variance is substantial. The relief requested may be considered moderate relevant to the code, Relief requested for frontage and width is 20 ft. The applicant also request relief for a second garage where only one is allowed. 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 may be considered to have minimal impact on the mviTonmental conditions. The appiicant proposes a new bome and septic in accordance with tete Town's requirements. 5. Whether the alleged difficulty was self created. The difficulty may be considered self-created. Staff earnmerwts: The applicant proposes a two lot subdivision wheire the existing home and pool will remain on the 2.01 ac parcel and the 2.36 ac parcel will contain an existing barn structure and a new home. The pl ans show the location of the existing buildings and the new Dome proposed. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals— Record of Resolution Town of Queensbury 742 Bay load Queensbury, ICY 12804 (518) 761-8238 'rown OF ucticnslwn Area Variance Resolution To: Approve/Disapprove Applicant/Name: Scott lowland File Number. Z-A -27-2018 {} Location: 749 West Mountain load Tax Map Number. 301.5-1-3 IBA, lV wing Dake: Wednesday, May 1 , 2418 The Zoning Board of Appeals of the Town of Queensbury has received an application from Scott Rowland. Applicant proposes a 2-lot subdivision of 4.37 acre parcel. Lot l to be 2..01 acres and Lot 2 to be 2.36 acres; each lot to have 180 ft. of road frontage. Relief requested from minimum road frontage/lot width requirements for the new lots created in the MDR zoning district and for a second garage (maintaining existing and proposing an attached new to house). planning Board: Subdivision Review required. Relief Required: The applicant requests relief from minimum road frontage requirements for the new lots created in the MDR zoning district and for a second garage(maintaining existing and proposing an attached new to house). Section 179-3-040 establishment of districts and Section 179-19-020 Access management The applicant proposes a two lots with 180 ft of road frontage where 200 ft is required and an average lot width of less than 200 ft. Section 179-5-020--Garage The applicant proposes a two lot subdivision where an existing building will be locat,ad on Lot 2 where a new home with an attached garage is proposed. belief requested for a second garage. SEQR Type U —no further review required public hearing was advertised and held on Wednesday, May 16, 20l S; Upon review of the application materials, inforrnation supplied during the public hearing, and upon consideration of the criteria specified in Section 173-14-080(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 1. There is / is not an undesirable change in the character of the neighborhood not 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 reque t OR are not possible. 3. The requested variance is lis is notnol substantial because 4. There is 1 is not an adverse impact on the physical or i-environmental canditions in the neighborhood or district? 5. The alleged difficulty is 1 is not self-created because b. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh pproval) 1 would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the rninirnurn necessary; 9. The Board also proposes the following conditions: a) b) x ) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDING S. I MAKE A MOTION TO APPROVE I DENY AREA VARIANCE -AV-27-201 8 Scott lowland, Introduced b _,who moved for its adoption, seconded by Duly adopted this 16°r day of May, 2018 by the Fallowing vote: AYES. TOE : ! Warren County Planning Department ayt$-14 Project Review and Referral Form Reviewed by Deparfinezat on May 4, 2018 !Project Name: Rowland, Scott Owner: Miller, Erin ID Number: QgY-18-AV- 7 County Project#: Mayl8-14 Current Zoning: MDF Community; Queensbury Project Description: Applicant proposes a Not subdivision of a 4,37 acre parcel. Lot 1 to be 2,01 acres, lot 2 to be 2,36 acres, Each lot to have 180 ft of road frontage. Site Location: 749 West Mountain Rd Tax Map Number(s): 3D1.5-1-3 Staff;dotes: The Warren County Planning Department finds that the project vi 11 not create any significant inter-municipal or cotim- wide impacts to the items identified in C,ML§239. Local actions to date(if any); County Planning Department: NCI Local Action:/ final Disposition: ��� 51412018018 Warren County Planning Department hate Signed Local Official Date Signed PLEASE RETURN THIS FORM TO TBE WARREN COUNTY PLANNING DEPARTMENT IYITHIN 16 DAYS OV NINAL ACTION Town of Queensbury Zoning Board of Appeals Community Developm ni Department Staff Notes Area Variance No.: 28-2018 Project Applicant. Comntunity Chapel of West Glens falls Project Location: 55 Main Street Marcel Histary: n1a SEAR Type: Type H Meeting Date: May 16, 2018 Description of Proposed Pro*t: Applicant proposes to complete the 400 sq. ft. carport addition to the existing church entrance on Newcomb Street side. belief requested from minimum setbuk requirements for the Main Street zoning district. Planning Board: Addition to existing building in Main Street zone requires Site flan Review. Relief Required: The applicant requests relief from the minirnum setback requirements for the Main Street zoning district. Section 179- -040 Dimensional Requirements The applicant proposes to Huish an aIready constructed 400 sq ft car port that is 1,0 ft fronn Newcomb Street where a 20 ft setback is required and 1.6 ft from the rear property line where a 10 ft setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town In making a determination, the board shall consider- 1. onsider: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, 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 limited due to the Iocation of the existing building, . Whether the requested area varia nee is substantial.. The relief requested may be considered substantial relevant to the code_ Relief requested for Newcomb Street Front setback is 19 ft and the rear property line setback is 8.4 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distriet. The project may be considered to have minimal impact, 5. Whether the alleged difficulty was self-created. The difficulty may be considered self created. Staff comments: The applicant proposes complete a 400 sq ft carport area to allow Church patrons and staff to park closer to the church and to get out of the elements when entering the church. The plans show the location of the carport and the elevations of the carport. Zoning Board of Appeals— Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-823$ Am] or(Luccuxh"YY Area Variance Resolution To: Approvc 1 Disapprove Applicant Name: Community Chapel of West GF File Number- A -2.8-2.018 Location- 55 Main Street Tax Map Number. 309.10-2.-69 RA Meeting Dake; Iffednesday, May 16, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Community Chapel of West G F. Applicant proposes to complete the 400 sq. ft. carport addition to the existing church entrance on Newcomb Street side. Relief requested from minimum setback requirements for the Main Street zoning district. Planning Board: Addition to existing building in Main Street zone requires Site Plan Review. Relief Required: The applicant requests relief from the minimum setback requirements for the Main Street zoning district. Section 179-3-040 Dimensional Requirements The applicant proposes to finish an already constructed 400 sq ft car port that is 1.0 #t from Newcomb 13Veet where a 20 ft setback is required and 1 k ft from the rear property line where a 10 ft setback is required. SEAR Type II —no further review required; A public hearing was advertised and held on Wednesday, May 16, 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; DRAFTPROVIDED BY S'T'AFF 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 reasunzble and have been included to minimizt- the request OR are not possible. 3. The.requested variance is 1 is not substantial because 4. There is / 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 appliewit from 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 fallowing conditions: a) b) _ a e) Adherence to the items outlined in the follow-up letter sent with this resolution. 13A ED ON THE ABOVE FfNQINC . I MADE A MOTION TO APPROVE/DENY AREA VARIANCE Z-A -2.8-2018 Community Chapel of West GFI, Introduced by who moved for its adoption, seconded by Duly adopted this 16'E' day of May, 2018 by the following vote: A'Y'ES: NOES: l4t�yX8-XS Warren County Plianning Department Project Review and Referral Form Reviewed by Department on May 4, 2018 Project Name: Community ChapeI of West GF Owner: Corntntinity Chapel of West OF ID Number: QBY-I8-AV-28 County Project#: Mayl 8-15 Current Zoning: M Community: Queensbury Project Dewription: Applioattt proposes to complete a 20 sf x 20 st carport addition to an existing church to be used for covered access to church building. Site Location: 55 Main St Tax Map Number(s); 309.10-2-69 Staff Notes: The Warren County Planning Department finds that the project wlII not create any significant inter-municipal or county- wide impacts to the items identified in GML§239. Local actions to date (if any)- County Planning Department: NCI Local ActiGn:(Final Disposition. ��. X1412018 Warren County Planning Department Date Signed Local Officiat Date Signed PLVASE 5fl MRN THIS PC?kM TO THIS WARREN COUNTY PLANNING DEPARTNOWr WIT"IN 10 DAYS OF FINAL ACTION Town of Queensbury Zoning Board of Appeals Community Development Department Staff dales Area Variance No.: 34-2018 Project Applicant: Faden Enterprises, Inc. Project Location: 394 State Route Parcel History: Sly 36-2018 SFR Type: Type II Meeting Date: May 16,2018 description of Proposed Project: Applicant proposes demolition of an existing building to construct an 11,400 sq. ft. single-story multi-tenant commercial building. Project site work includes major grading and filling, new access, and interconnect to adjoining restaurant. Relief sought for setback on Montray load and parking requirements. Planning Board: Site Plan Review for new commercial development. Relief Required: The applicant requests relief for setback on Montray Road and parking requirements. Section 179-3-040 Dimensional requirements The applicant proposes construotion of a 11,400 sq ft building that is to be located 26.4 ft from the Bout property line on Montray Rd where a 75 ft setback is required. Section 179-4-090 Parking The applicant proposes 8 parking spaces on the site to be accessed feorn the adjoining property where parking is to be accessed from the project site. The project requires 60 spaces where the site proposes 45 spaces on site and 15 spaces located on the Pizza Uno parcel as new spaces, Criteria for considering ars Area Variance according to Chapter 267 of Town Law: In malting a determination, the board shall consider- 1. onsider:1. Whether an undesirable chapige 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. . 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 size of the building to address the setback aiRd parking requirements, 3. Whether the requested area variance is substantial, The relief requested may be considered substantial relevant to the code. belief is requested for parking 15 parking spaces and for 8 spaces not accessible from project site. The Montray Road setback relief is 50,4 ft. 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 may be considered to have minimal impact. The project is located next to existing commercial buildings, lodging, and restaurants. 5. Whether the alleged difficaIty vas self created. The difficulty may be considered self-created. Staff comments: The applicant proposes to remove an existing building and to construct a 11,400 sq ft single story multi tenant building. The applicant has indicated the building is to be used for 3 retail spaces and one space for a "Subway" food service. The project includes an interconnect to the adjoining property on the north side and a new curb access with right in-right out only from Route 9. The parking arrangement for the project includes access to some parking spots £torn the adjoining property and new parking spaces on the adjoining parcel. The plans show the location of the building and associated site work. Zoning Board of Appeals Community Development Department Staff Notes Q 1.�_ Zoning Board of Appeals —Record of Resolution Town ofQueenshury 742 Bay Road Queensbury, NY 12804 (515) 761-82.38 Towr of QjevrPAmry Area Variance Resolution To: Approve/ Disapprove ApplKeant Name- Faden Enterprises File Number: -A -34-2018 C40J44%r Location: 894 State Route Tax Map dumber: 296,17-1-4 BA Meeting Date: Wednesday, May 16, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from. Faden Enterprises. Applicant proposes demolition of an existing building to construct an 11,400 sq. ft. single-store multi-tenant commercial building. Project site work includes major grading and filling, new access, and interconnect to adjoining restaurant. Relief sought for setback on Montray Road and parking requirements. Planning Board, Site Plan Review for new commercial development. Relief Required. The applicant requests relief for setback on Montray Road and parking requirements. Section 179-3-040 Dimensional requirements The applicant proposes construction of a 11,440 sq ft building that is to be located 2.6.4 ft from the front property line on Montray Rd where a 75 ft setback is required. Section 179-4-090 Parkin The applicant proposes 8 parking spaces on the site to be accessed from the adjoining propmy where parking is to be accessed from the project site. The project requires 60 spaces where the site proposes 45 spaces on site and 15 spaces located on the Pizza Unv parcel as new spaces. SEAR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 16, 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 PROVIDED I3 Y STFI' 1, There is 1 is not an undesirable change in the character of the neighborhood not a detriment to nearby properlxes because . 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. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is /is not self-created because In addition the Beard finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (deniah 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 FINDINGS, I MAKE A MOTION TO APPROVE l DENY AREA VARIANCE Z-A -34- 018 Faden Enterprises, Introduced by who moved for its adoption. seconded by Duly adopted this 16'-" day of May 2018 by the following vote: AYES: NOES, Warren County Planning Department May18-19 Project Review and Referral Form Reviewed by department on May 4, 2018 Project Name: l=aden Enterprises Owner: 894 Realty , LLC ID Dumber- 03Y-18-AV-34 County Project#- May18-19 Current Toning: CM Community- Queensbury Project Description: Applicant proposes to demolish existing building to construct an 11,400 sl single story multi-tenant commercial building_ Site Location: 894 State Rt 9 Tax Map Number(s): 296A7-1-49 Staff`Nates: The Warren County P[an n€ng Department finds that the project will not create ani+ significant inter_municipal or county- wide impacts to the items identified in G M L§239. Local actions to date(if arty): County Planning Department: NCI Laval Action:fflinai disposition: ��. 51412018 Warren County Planning Department Date Signed Local Official Dane Signed PLEASE RETURN THS FORM TO THE WARREN COLN"PY PLAN.MM DEPARTMENT WITHIN 10 DAYS OF MNAL ACTION Town of Queensbury Zoning Board of Appeals Community Development Dep ariment Staff Notes Area Variance No.: 35-2018 Project Applicant: Foden Enterprises, Inc, Project Location: 900 State Route 9 Parcel History: SP 37-2018 SEQR Type: Type tt Meeting Date: May 16,2018 Description of Proposed Project: Applicant proposes new parking improvements and an interconnect within a neighboring property to the south, Additional hard surfacing exceeds site permeability. Relief soughs: for permeability less than 30 percent. Planning Board; Site Plan Review for new site development. 'Relief Required: The applicant requests relief four permeability in the Commercial Moderate zone. Section 179-3-040 dimensional requirements The applicant proposes to increase additional parking and an interconnect to the southern property where an increase in hardsurfacing reduces the permeability on site to 17.3% and 3v/u is required. Criteria for considering an Area 'Variance according to Chapter 267 of Town 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 he created by the granting of this area variance. lvliRor 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 as area variance. Feasible alternatives may be considered to reduce the amount of pavement on site or permeable surface. . Whether the requested arca varia ace is substantial. The relief requested may be considered moderate relevant to the code. Relief requested is for 13%. The applicant has noted the existing site is at 26.2 "o. 4. Whether the proposed variance will have as adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact. 5. Whether the alleged difficulty was self created. The difficulty maybe considered self-created. Staff comments: The applicant proposes alter the.parking arrangement on an existing site to include 15 new parking spaces, an interconnect to property to the south property line and to align the south parking area drive aisle with the traffic light. The plans show the alteration to the site parking area. Zoning Board of Ap pea Is —Rem rd of Resolution Town of Queensbury 742 Bay Road Queensbury, IVY 12804 (518) 761-8238 Town oF(J"PiOury Area Vairianee resolution Ta: Approve 1 Disapprove Applicant Name: laden Enterprises d f File Number: -A -35-2018F Location: 900 State Route 9 Tax Map Number: 296,17-1-47 BA Meeting Date: Wednesday, May 16, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Faders Enterprises, Applicant proposes new parking improvements and an interconnect within a neighboring property to the south. Additional lard surfacing exceeds site permeability. Relief sought for permeability less than 30 percent. Planning Board: Site Plan Review for new site development. Relief Required: The applicant requests relief for permeability in the Commercial Moderate zone. Section 179-3-040 dimensional requirements The applicant proposes to increase additional parking and an interconnect to the southern property where an increase in hardsurfacing reduces the permeability oa site to 17.3% €nd 30% is required. SEAR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 16, 2018; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-0$O(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER T1IE DRAFTPRO V IDFT) 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 arc and have been considered by the Board, are reasonable and have been included to minimize the request 0 R are not possible. 3. The requested variance is /is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? , The alleged difficulty is/ is not self-created because . In addition the Board finds that the benefit to the applicant from granting the requested variance would oum,cigh (approval) / would be ou€weigh(,-d by clenjal 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 FINDINGS, I.MAKE A MOTION TO APPROVE 1 DENY AREA, VARIANCE -AV-35-2018 Faden Enterprises, Introduced by , who moved for its adoption, seconded by Duty adopted this 16'r' day of May, 2018 by the following vote: AYES= NOES: Warren County Planning Department May18-17 Pre*t Review and Referral Form Reviewed by Department on Nlay 4, 2018 Project Name: Faden Enterprises, INC Oviner: Everest Enterprises, LLC ID Number: QBY-18-AV-85 County Project#: May18-17 Current Zoning: CM Community: Queensbury Project DeKriptiou: Applicant proposes new paWng lot improvements an an interconnect vAthin the neighboring property to the south. Site Location: 900 State fit 9 Tax Map Number(s): Staff Notes: The Warren County Pie nning Department finds that the project will not create any significant inter-municipal or caunty- wide Impacts to the items idea ified in 0 M L §239. Local actions to elate(if any)- County Planning Department- NCI Local Action:/Final Disposition- 5I412U1 8 Warren County Planning Department hate Signed Local Official Date Signed 4 PLEASE RETURN TIIIS FORM TO THE WARREN CQUT4TY PLANNING ULTA 4TNEW WITHIN l0 DAYS OF FINAL ACTION