Staff Notes Packet ZBA Mtg Wed., June 20, 2018 StEff No�e��
ZBA Meeting
Wednesday, June 20, 2018
Queensbury Zoning Board of Appeals Agenda
Meefing: Wednesday, June 20, 2018 Time: 7:00- 11,00 pm
Queensbury Acflvifies C enfer-742 Say €good
Agenda subject to change and may be found at: vvvvw.queerksbury.net
Approval of meeting minutes: May 16 and May 23,2018
Administrative Item: use Variance 1-2018 Miner for Mowery Further Tabling—Application Withdrawn by S.�7owery -verbal
Area Variance 76-2017 Joe Orlow Further Tabling
DLQ BUSTNESS:
A lican S Faden Enterprises Area Y'ariance IVa -AV-34-20.18
Owner(s) 894 Realty,LLC SE ItA Tm II
A ants Lmsing fagineering,PC Lot Size 1.22 acres
L cation 894StatoRoute 9 Zoning CM
Ward No. Ward 1
Tax Id No 296.17-1-49 1 Section 179-3040- 179-4-090
Cross Ref P-SP-36-2018 Warren Count Plannin I14s 2018
Public HeRring Ktay 16,2018;June 20,2018 Adirondack Parc Agency We.
Project Description Apgtlicant proposes demolition of an existing building to construct an 11,400 sq_&single-story multi-tenant oo¢nmrrcial
buildin& Project site work includes major grading and fill in&new access,and intcreannect to adjoining restaurant_ Rel i-f sought fpr setback en
Montray Road and parking rcquircmcnts. PLuming Board: Site Plan Review for new commercial dmx[opmewt.
Applicant(s) Faden Erae ices Area Variance No 2:-AV-35-2018
OWFL s Everest Enterprises,LIX SRQPLA a 11
A nt s Lansing Enginewing,PC Lot Size 1.72 acres
Lpealtioo 900 State Route 9 Zoning Cm
Ward No. Ward 1
Tax Id No 296.17-1-47 Section 179-3-040
Crass Ref P-SP-37-2018 I Warren County Planning May 2016
Public Hearing Uay 16,2018-Junc 24 2018 1 Adirondack Park Ageney nfa
ProlcCt Description Applicant proposes new parking improvemmis and an interconnect within a neighboring property W the south. Additional
hard surfacing exceeds site pertneability, Rel iefsought for permeability Icss than 30 percent. Planning Bawd_ Site Plan R view for new site
development
NEW B US UN ESS:
Applicant(s) Joseph&C ntbiaDidio Arra Variance No Z-AV-14-2018
Owners Joseph&C nthiaD14io SE R# TXpe 11
A p S n/a Lot Size 0.17 AC s)
Location 2966 State Route 9L Zoning WR
Ward No. Ward 1
Tax Id No 239.20-1-7 1 Section 174-3-040
Crass Ref Pig-10-2018;AV 34-2003-AV 2672007 Warren County Planninig I Junc 2018
Public Hearing dune 20,2018 Adirondack Park Agency ALD
Project Descriptlen Applicant proposes construction of a 525 sq.ft.scoond-story residential addition to existing.1,09L6 Sq.ft(footprint)home_
home is 2,056 sq. ft.(floor area)currently and proposed floor area with addition will be 2,581 sq.A. Relief requested from minirnum setback
requirements, floor area ratio requirements and h ht restrictions in the WR zoning distract_ Planning Board: Site Plan Review required for
expansion of a norkmforming structure in a Critical Environmental Arca,
Pale 1 of 2
Queensbury Zoning Board of Appeals Agenda
Meeting: Wednesday. June 2D, 2D18 Time: 7:00- i 1:00 pm
Queensbury AclNilies Center- 742 Bay Read
Agenda subject to change and may be found nt: www.queensbury.net
Applicant(s) Marcia Parker Area Variance No f-FAV-29-2018
Owner(s) Marcia Parker Sri fiA TXpe II
A gents) VanDusen&Steves Lot Size 2.14 acres
Location 1 I Sperry Read Zoning WR
Ward No. Ward 4
Tax Id No 316-5-1-8 Section 1 179-3-044- 179-4-054
Cross Ref P-SB-7-2D]8 Prelim. Warren County Planning lune 2018
Public Heiwing June 20,2018 Adirondack Parc Agency n!a
Proj tet Description Applicant proposes to subdivide an existing 2.07 acre parcel into 2 lots- One lot is to be 0.58 acres(Lot A)and the second
lot is to be 1.48 acres(Lot 5)- Each lot has an existing house and garage and both hornes have access on Sperry Road- Relief requested from
rninirnurn lot sin,setbacks,lot width,shoreline,frontage,road frontage,and density rcquircments for the WR zoning district- Planning Board:
Subdivision review uired-
A lkan S Sarah E. Secor-Jones Area Vnriaoee Re SAV-37-201$
Owner(s) Richard&Kelly Ervine SEQRA T a 11
Agent(s) Mikael Crowe,Esq.FhzGerald Morris Baker Lot Size 1.64 acres
Firth
Location 52 Veranda Lane Zoning MDR
Ward No. Ward 3
Tax Id No 295.-1-1.21 Saetwrl 179-5-024
Cross Ref SB 4-2004 2 Lots Warren Coun Planning ala
Publ it Hearing lune 20.2018 Adirondack Park Ageng n!a
Project Desc ri ption Applicant proposes construction or an 576 sq,ft,swinun ing pool in the sick yard. ReHof requested from requi remtenu for
lacement of a pool in a yard other than the rear yard.
A lknnt s Monsour Enterprises,LLC Area Variance No Z-AV-41-2018
Owners Harold 1},Nash,III I TiFrKghy J, Alden,Agent SgQRA Type 11
A ent s Michel J. O'Connor,Esq. Lot Size 4,68 acres
Evocation 0LuaemeRoad Zoning MDR
Ward No. Ward 4
Tax Ed No 308-12-2-77 Section 179-3-(140. 179-19-020
Cross Ref P-SB-8-2018;P-SB-9-2018 Warren County Planning nr'a
Public Hearin June 20,2018 Adirondack Pt►rk A e ala
P rojCct Description Applicant proposes subdivision of a 4.71 &=parcel into 3 lots of 1.57 acres each for single-family dwellings Lots 2&3
are to have a dmrod driveway. Lot I. wil I have a lot width of 100 ft where 240 fL is rcquircd on a coliectcr road;Luzeme Road- Relief
requested from Int size,and fat width rcquircmcnLt Planning Board: Subdivision of lots requires Planning Board review.
Applicant(s) Ibingvellir,LLC IJoel Matthews,Member Area Variance No Z-AV43-201$
Owners Thi velli;LLC SEQRA 11
Agents) Hutchins Engineering do Bartlett Pontiff Stewart$ Lot Size 0.58 acres
&Rhodcs PC
Location 15 Allen Road,Pilot Knob,Kattskilly Bay Zoning WR
}yard No. I Ward I
Tax Id No 227.6-1-14 Section 179-3-040
Cross Ref P-SP-40-2418,Variance 736 . 1952 Warren CountyPbinnio June 24181 Town of Fart Ann
Public H"rin lune 24,2018 1 Adirondack Park Agency ALD
Project Description App1 iCam proposes a 624 sq, ft-garage addition and a 252 sq.ft.residential addition. Also,applicant proposes to convert
the existing garage into living space- The existing home is 15375 sq. ft.(footprint)with w existing floor arca of 2,440 sq, ft.and the additions
total 995 sq.I of floor area Relief requested from rni ni rnum setba&rcquircmtnts in the WR zoning district- Planning Board= Site Plan
Review for expansion of a nonconforming structure.
Any futlher business that the CUrrnan determines may be properly brought before the Zotl iog Board of Appeals.
I-'i9K FluidpaUO16 Ye ZHAU6h Joe M IlPFIml WrAm,!MAazwU WM lou 2112UL5 dmM
Pie 2 of 2
Zoning Board of Appeals—Record of Resolution
Town of ueensbUry 742 Bay Road Queensbury, NY 12804 (518)761-8238
Trnwr Of QYV9PWbLPry
Area Variance Resolution To: Table
Applicant Name: Joseph Orlow 9DRA1,
File Number. Z-Ali-76-2017
Location; 11 Wagon Trail
Tax Map Number: 290.5-1-21
BA Meeting Date: Wednesday, June 2 0, 2018
The Zoning Board of Appeals of the Town of Queensbury has received a request to further Table
the appli=ion from ,due Orlow until the 2018 meeting,
MOTION TO TABLE AREA VARIANCE Z-AV-76-2017 JOSEPH ORLOW, Introduced
by who moved for its adoption, seconded b
The application to be'fabled to the June 2018 meeting with additional application materials to be
submitted b
Duly adapted this 20En day of June 2018, by the following vote:
AYES:
DOES:
Cc. Carry Robinson, P.E,
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.. 34-2018
Project Applicant: ]laden Enterprises, Inc.
Project Location: 894 State Route 9
Parcel History. SP 36-2018
SEAR Type: Typc II
Meeting Date: May 16,2018—Tabled,,tune 2.0,2018
Description of Proposed Project:
Applicant proposes demolition of an existing building to construct an 11,400 sq. ft. single-story multi-tenant
comrnerciai 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 Plant Review for new commercial development.
Reiiei egair�d:
The applicant requests relief for setback on Montray Load and parking requirements.
Section 179-3-040 Dimensional requirements
The applicant proposes construction of a 11,404 sq ft building that is to be located 26.4 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 property where harking 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 an Area Varia nee accordiub to Chapter 267 of Taws 1Law:
In making a determination, the board shall consider:
1. Whether an undesirable ehangc will be produced in the character of the neigh horhood or a detriment
to nearby properties will he created by the granting of this area variance. Minor impaots 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 and parking requirements.
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 proposer) 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 dire alleged diffweulty was self created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to remove an existing building and to construct a 11,40 0 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
Borne parking spats from the adjoining property and new parking spaces on the adjoining parcel. The plans
shoe the location of the building and associated site work.
Zoning Board of Appeal
Community Development Department Staff Notes
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12$04 (518) 761-8239
Tamm oFCLueensry
�r
Area Variance Resolution To: Appiove 1 Disapprove
Applicant Name- Paden Enterprises
File Number- A -34-2018
Location: 894 State Route 9
Tax Map Number: 296.17-149
BA, Meeting Date: Wednesday, June 2 0, 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-story multi-tenant
commercial building. Project site work includes major grading and fYiiing, 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 requiTements
The applicant proposes construction of a 11,400 sq ft building that is to be located 26.4 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 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 Picea Unc parcel as neve spaces.
SEQR Type It—no further review required;
A public hearing was advertised and held on Wednesday, May 16, 2018; Wednesday, June 24, 201
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
1. There is 1 is trot 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 boon
included to minimize the request DR are not possible.
3. The requested variance is 1 is not substantial because
4. There is I is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficult} is I is.not sell-created because
C. In addition the Board rinds that the benefit to the applicant from graining the requested variance would
outweigh royal) I 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 tbe.variance request under consideration is the minimum necessary;
S, The Board also proposes the following conditions:
a)
b)
e) Adherence to the items outlined in the follow-up letter seat with this resolution.
BASED ON THE ABOVE FINDi . I MAKE A MOTION TO APP ROVE /DENY ARE VARIANCE
-AV-34-2018 Faden F.ntergnses. Introduced by leo moved for its adoption, seconded by
Truly adopted this 20'' day of June 201 S by the following note;
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Dotes
Area Variance Na.: 35-2418
Project Applicant: Fade Enterprises,Inc.
Project Location- 9{10 State Route 9
Parcel History: Sly 37-2018
EER Type: Type II
Fleeting Date: May 16,2418—tabled,June 20, 2018
Description of Prop osod Project:
Applicant proposes new parking improvements and an interconnect within a neighboring property to the south.
Additional hard surfacing exceeds site permeability, belief sought for permeability less than 34 percent.
Planning Board: Site Plan review for new site development.
Relief Reguired:
The applicant requests relief for permeability in the Commercial Moderate zone.
Section 179-3-440 dimensional requirements
The applicant proposes to increase additional parking and an interconnect to the southern property where an
increase in hard-surfacing reduces the permeability on site to 17.3% and 30% is required.
Criteria fur considering an Area Variance according to Chapter 267 of I o�vn 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 he created by the granting of this arca 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
amount of pavement on site oz permeable surface.
. Whether the requested area variance is substantial. The relief requested maybe consideree] moderate
relevant to the code. Relief requested is for 13%. The applicant has noted the existing site is at 26.2 %.
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.
5. Whether the alleged difficulty was self created. The difficulty may be considered self-created.
Staff commentsi
The applicant proposes alter the parking arrangement on an existing site to include 15 new parking spaces, an
interconnect to property to the soutb 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.
ow Zoning Board of Appeals —Record of resolution
Town of Queensbury 74213ay Road Queensbury,NY 12804 (518) 761-8238
Town of Ckxncro hirry
,Arca Variance resolution To: Approve 1 Disapprove
Applicant Name: Faden Enterprises
File Number: Z- Y-35-2018
Location: 900 State route 9
TaxMap Number: 296.17-147
BA Meeting date: Wednesday, rune 20, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Faden Enterprises.
Applicant proposes new parking improvements and an interconnect within a neighboring property to the south.
Additional hard 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 on site to 17.3% and 30% is required.
SEAR Type II —no fiuther review required;
public hearing was advertised and held on Wednesday, May 16, 2018; Wednesday, June 24, 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:
PE R THE DRAFT PROVIDED 13Y STAIa`1i
1. There is / is not ars €ndesirable change in the chaxacter 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. There is 1 is not an adverse impact an the physical or environmeiztal conditions in the neighborhood or
district?
S. The alleged difficulty is /is not sel f created because
In addition the Board finds that the benefit to the applicant Born granting the requested variance %yould
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
T The Board also finds that the variance request under consideration is tNe minimum necessary;
$. 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 FI DIN S. I MAKE A MOTION TO APPROVE 1 DENY ARRA A IANCE
-A -3 - 018 Faden Enterprises, Introduced by , who moved for its adoption, seconded b
Duly adopted this 20h day of June, 2018 by the following vote-
AYES:
NOES:
Town of Qtieensbury Zoning Board of Appeals
omrnuniiy Development Department Staff Notes
Area Varianee No.: 14-2018
Project Applicant: Joseph & Cynthia Didio
Project Location: 2%6 State Route 9L
Parcel History: 1'-SP-10-2018; AV 34-2003; AV 26-2007
EIR Type: Type 11
Meeting Dale: ,rune 20,2018
Descriptioln of Proposed Project:
Applicant proposes construction of a 525 sq. ft, second-story residential addition to existing 1,096 sq. ft.
(footprint) Name, Home is 2,056 sq. it. (floor area) curs-ently and proposed floor area with addition will be
2,581 sq, 11. Relief requested from minimum setback requirements, floor area ratio requixernents and height
restrictions in the WR zoning district, Planning Board: Site Plan Review required for expansion o f a
nonconforming structure in a Critical Environmental Area.
Relief Required:
The applicant requests relief from expansion of a nonconforming structure, floor area, height and from
minimum setback requirements for such structure in the IVR zoning district.
179-3-040 Dimensional Requirements
The applicant pi-opo ses to construct a 525 sq ft second floor addition. The addition is over an existing main flour
on the north side the setback is to be 6.83 ft where a 15 ft setback is required. The proposed height is 41.11 ft
where 2 8 ft is the maxi.murn allowed. The floor area is increased fieom 2,056 sq ft to 2,581 sq ft where 1,613.7
sq ft. is the maximum allowed.
Criteria for icons idering an Area 'Variance according to Chapter 267 of Town Lary:
In ruaking 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 impacts to the
neighborhood may be anticipated. The new addition is over an existing main floor,
. 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 Tnay be considered to reduce the
size of the addition. Other alternatives may be limited due to the location of the home on the parcel and size
of the existing home,
. Whet1her the requested area varia nee is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief requested for side setback is 8,7 ft, and Floor area relief is 13 % in
excess, 351/0.
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.
$. Whether the alleged difficulty was self-crested. The difficulty may be considered self-created.
Staff eommen#si
The applicant proposes a 525 sq ft second floor addition to an existing home. The glans show the elevation for
each side of the building with the new addition, roofline, and windows. The applicant has provided a Boor plan
showing the mew second floor with 3-bedrooms, The septic system %vas recently upgraded with a new tank for
up to 4-bedroonns_ The site drawings should show the existing porches.
Zoning Board of Appeals
Community Development Departmeni Staff Notes
Ju n11i-08
Warren County Planning Department
Project review and Referral Form
Reviewed by Depart mrn( on June 14, 2018
Project Name: Didio. Joseph & Cynthia
Owner: Didio, .Joseph & Cynthia
1D Number: iDBY-18-AV-14
County Project#: &ri18-98
Current Zoning: WR
Community: Queensbury
Project Deseription:
Applicant proposes construction of a 5$5 st second-story residential addition to existing 1,096 sf (footprint) home.
Site Location:
2966 State Rt 9L
Tax Map N=be3r{s):
269.20-1-7
Staff Notes:
The Warren QountyPIanning Department finds that the project wiiI not create any sign ificantinter-municipal or county-wide
imp8cts to the items identified in G M L§239.
Local actions to date(if any):
County Pianning Department:
NCI
Local Action:/Final Disposition:
I
6114101 B
Warren County Planning Department Date Signed Local Offieial Date Signed
PLEASE RETURN THIS FORM TO THE WAIRREN COUNTY PLANNING DEPARTMENIT WITHIN 10 DAV$OF FINAL ACTION
Zoning Board of Appeals —Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-5238
rom?Of(tpensbury.
Area Variance Resolution To: Approve 1 Disapprove qA
Applicant Dame: Joseph& Cynthia Didio
File Number- -AV-14-2018
Location: 2966 State route 91,
Tax Map Number. 239.20-1-7
BA 14leedBg Date: Wednesday, June 20, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Joseph & nthia
Didin. Applicant proposes construction of 525 sq, ft. second-story residential addition to existing 1,096 sq, #t.
(footprint) home. Home is 2,056 sq. ft. (floor area)cunmtiy and proposed floor area with addition will be
2,581 sq. R. belief requested from minimum setback requirements, floor area ratio requirements and height
restrictions in the WR zoning district. Planning Board: Site Plan Review required for expansion of a
nonconfomiog structure in a Critical Environmental Area.
Relief Required:
The applicant requests relief from expansion of a nonconforming structure, floor area, height and from
minimurn setback requirements for such structure in the WR zoning district.
179-3-040 Dimensional,Requirernents
The applicant proposes to construct a 525 sq ft second floor addition. The addition is over an existing main floor
on the north side the setback is to be 6.83 ft where a IS ft setback is required. The proposed height is 41.11 ft
where 28 ft is the maximum allowed. The floor area is increased from 2,056 sq ft to 2,581 sq ft where 1,613.7
sq ft. is the maximum allowed.
SEAR Type II r no further review required;
Ai public hearing was advertised and held on Wednesday, June 20, 2018;
Upon review of the application materials, information supplied daring the public hearing, and upon
consideration of the criteria specified in Section 17914-080(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 1 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 bcon
included to minimize the request OR are not.possible.
3. The requested vari4n e 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
. Int addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) l would be out eighcd b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the %,ariance request under consideration is the minimum necessary;
S. The Board also proposes the following conditions,
a)
b) x
c) Adherence to the iterns outlined in the follow-tip leper seat with this resolution,
BASED ON THE ABOVE FINDINGS. I MAKE A, MOTION TO APPROVE 1 DENY AREA VARIANCE
Z,- -14-2018, Joseph &. Cynthia Didio, Introduced by who moved for its adoption, seconded by
Duly adapted this 20"' day of June 2018 by the following vote.
AYES:
NOES:
Town of Queensbury Zoning Bogard of Appeals
Community Development Department Slaff Notes
Area Variance No.: 2 -2018
Projcc(Applicant. Marcia parker
Project Loratiou: l i Sperry road
Parcel History: P-SB-7-2018 Prelim.
SEQR Type: Type 11
Meeting Pate: June 20, 2018
Beseription of Proposed Project:
Applicant proposes to subdivide an existing 2 07 acre parcel into 2 lots, One lot is to be 0.58 acres (Lot ) and
the second lot is to be 1.48 acres (Lot B). Each lot has ars existing house and garage and bath homes have
access on Sperry Road. Relief requested from minirntun lot size, setbacks, lot width, shoreline, frontage, road
frontage, and density requirements for the WR zoning district, Planning Board: Subdivision review required.
Relief Required:
The applicant requests relief from minimum lot size, setbacks, lot width, shoreline, frontage, road frontage, and
density requirements for the WR zoning district.
Section 179-3-040 Dimension requirements Waterfront Residential zone.
project involves subdividing a 2.07 ac parcel into 0.58 ac and 1.48 ac where 2 ac is required. Relief is requested
for Road frontage 150 ft required —Lot 0.48 ac is to Niue 118.24 ft; Lot 1.48 ac is to have 25 tt—bath on Sperry
Rd (Lot 1 A8 has 80 ft of road frontage on Lan sburg Lane but no access physically exists). belief is requested
for Lot Width 15 0 ft required—Lot 0.48 ac is to have 88 ft+/-, Lot 1.48 ac is to have 112 ft *1-, Relief is
requested for shoreline frontage 150 ft is required —Lot 0.48 ac is to have 75 ft.
179-4050 Fwnlage on public streets.
Frontage access is proposed on Sperry Rd that is a private drive
Criteria far considering it Area Variance according to Chapter 267 of Town La v:
Irk 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 impacts to the
neighborhood pray be anticipated,
. Whe#her 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 Int configuration and the location of the existing location c the two homes and other structures
on the property.
3. Whether the requested arca variance is substantial. The relief requested may he considered substantial
relevant to the code. Relief requested for lot size where creating two lots of 0.58 acres and 1.58 acres each
lot being less than 2 ac. belief requested for having two new lots have access to a private drive where a
public road access is required. Relief requested for lot width—Lot 0.48 relief is 62 f, Lot 1.48 ac is 88ft.
Shoreline frontage relief for Lot 0.48 ac is 75 ft. Relief for road frontage —Lot 0.48 ac is 31,76 ft and Lot
1.48 ac is to be 125 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
mir imal impact. The applicant has indicated there are to be no changes to the site or the existing buildings
on the site.
rv. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
staff comments:
The applicant proposes a two lot subdivision of 2.07 ac parcel into 0.58 ac and 1.45 ac. The plans show each
lot has an existing Douse and garage and both homes have a driveway to Sperry road. No site changes are
proposed.
Zoning Board of Appeals
Community Development Department Staff Notes
A11118-09
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on June 14, 2018
Project Name: Parker, Marcia
0,Kner: Parker, Marcia
ID Number: QBY-18-AV-29
County Project#: Jiin18-09
Current Zoning: WR
Community: Queensbury
Project Description:
Applicant proposes to subdivide an existing 2.07 acre parcel into two lots-One lot 0,5 acres lot a, 2nd lots 1.48 acres tot
b.
Site Location:
11 Sperry Rd
Tax Map Number(s):
37fi_b-1-8
Staff Notes:
The Warren CountyPlanning Department finds that the project will riot create any signifntinter-municipal or county-Wide
irnpacts to the items identified in G M L§239_
Local actions to date (if any):
County Planning Department:
h1Q!
,Local Action;/Final Disposition:
�� 6/1412018
Warred County Planning Department Date Signed Loral O fi<ciai Date Signed
PLEASE RF.11:RIY THIS NORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITIDN 1)DAYS OF FINAL ACTION
Zoning Beard of Appeals- Record of Resolution
1"oven of Qucensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
rosYrr d(Ln- Dish"'"
,area Variance Resolution To: Approve 1 Disapprove
Applicant Name:
Marcia Parker - ---
File umber- -AV-2.9-2018 Ap
Location: 11 Sperry Road 76
Tax Map Number- 316,5-1-8
BA Meeting]date: Wednesday,June 20, 2018
The Zoning board of Appeals of the Town of Queensbury has received an application from Marcia Parker.
Applicant proposes to subdivide an existing 2.07 acre parcel into 2 lots. One lot is to be 0.58 acres {Lot ) and
the second lot is to he 1.48 acres (Lot B). Each lot has an existing house and garage and both homes have
access on Sperry Road. Relief requested from minimum lot size, setbacks, lot width, shoreline, frontage, road
frontage, and density requirements for the WR zoning district. Planning Board: Subdivision review required.
Relief Required.-
The applicant requests relief from minimum lot size, setbacks, lot %vidth, shoreline, frontage, road frontage, and
density requirements for the VAR zoning district.
Section 179-3-040 Dimensions requirements Waterfront Residential zone.
Project involves subdividing a 2.07 ac parcel into 0.58 ac and 1.48 ac where 2 ac is required. Relief is
requested for Road frontage 150 ft required-Lot 0.48 ac is to have 118.24 ft; Lot 1.48 ac is to have 25 ft both
on Sperry Rd {Lot 1.48 has 80 ft of road frontage on. Lansburg Lane but no access physically exists). Relief is
requested for Lot Width ISO ft required -Lot 0.48 ac is to have 88 ft +1-, Lot 1.48 ac is to have 112 ft+/-. Relief
is requested for shoreline frontage 150 ft is required-Lot 4,48 ac is to have 75 ft.
179-4-050 Frontage on public streets_
Frontage access is proposed on Sperry Rd that is a private drive
SEAR Type II - no flier review required;
A public hearing was advertised and held on Wednesday, June 2.0, 2418;
Upon review of the. application materials, information supplied during thte public hearing, and upon
consideration of the criteria specified in Section 179-14-D80(A) of the Queensbury Tower Code and Chapter 2.67
of NYS Town Law and after discussion and deliberation, we find as follows:
PER`l HE DRAFT PROVIDED BY STAFF
1. 'There is 1 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 nsonable and have been
included to minimize the reques# 0R are not possible..
3_ The requestcd variance is / is not substantial becAuse
4. There is 1 is not an adverse impact on the physical oir environmental conditions in the neighborhood or
district?
5. The all cged difficulty is/ is not self-created because
_ In addition the Board finds that the benefit to the applicant from granting the requested variance would
outwt-igh (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)
e) Adberence 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 DEITY AREA VARIANCE -
ASI-2.9-201$, Marcia Parker, Introduced by who moved for its adoption, seconded by
Duly adopted this 0"h day of.Iune 201 S by the following vote:
AYES:
ICE :
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 37-2918
Project Applicant: Sarah E. Secor-Jones
Project Location: 52 Veranda Latte
Parcel History: SB 4-2004 (2 lots)
SEQR Type- Type It
Meeting Date: June 20,2018
Description of Proposed Project:
Applicant proposes construction of an 576 sq, ft. swimming pool in the side yard. Relief requested from
requirements for placement of a pool in a yard other than the rear yard.
Relief Required:
The applicant requests relief from requirements for placement of a pool in a yard other than the rear yard.
179-5-020 Pool reauirernents
The applicant proposes to place a pool in the side yard where pools are to be located in the rear yard.
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 be crested by the granting of this area varia nee. Minor impacts to the
neighborhood may be anticipated.
. Whether the benefit sought by the applicant can be aehieved by some method, feasible for the
applicant to pursue, other than an arca variance. Feasible alternatives may be limited due to the lot
configuration.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested for placing a pool in the side yard where pools are to be located in the
rear yard.
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.
5. Whether the alleged difiicultry was self-created. The difficulty may be considered self-ct`eated.
staff eoa�ments:
The applicant proposes place a 566 sq ft pool in the side yard of an existing lot with a single family home. The
information submitted shows the lot configuration and indicates the rear of the property involves some grade
changes that would be diMcult to place a poo 1.
Zoning Board of Appeals— Record of Resolution
Town of Queensbury 742 Bay road Queensbury, NY 12504 (518) 761-9238
Twn of(�yecusbury
Area Variance Resolution To. Approve 1 Disapprove
Applicant Marne: Sarah E. ecor-Jones 41
File umber- -37-2019
Location: 52 Veranda Lane
Tax Map Number: 293.-1-1.21
BA Meeting Date: Wednesday, June 20, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application for Sarah E. ecor-
Jones. Applicant proposes construction of a 576 sq. ft. swimming pool in the side yard. Relief requested from
requirements for placement of a pool in a yard other than the rear yard.
Relief Require:
The applicant requests relief from requirements for placement of a pool in a yard other than the rear yard.
179-5-020 Pool re uirenxents
The applicant proposes to place a pool in the side yard where pools are to be located in the rear yard.
SEQR Type II — oxo further review required;
public hearing was advertised and held on Wednesday, June 20, 2018;
Upon review of the application materials, inforrtxation 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 Till: DRAFT PROV IDED B Y STAFF
1_ There is / is not are undesirable, change in the cLaraxcter 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 minimize the Epquest 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 sell'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 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 sent with this resolution.
BASED ON THE ABOVE FINDIFNCS, I MAKE A MOTION TO APPROVE 1 DENY AREA. VARIANCE
-A.V-37-2018 Sarah E. Secor-Jones, lntm-duced by!, who moved for its adoption, seconded by
Duly adopted chis 20'11 day of June 2018 by the following vote-
AYES:
ote:AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Motes
Area Variaucc leo.: 41-2018
Prajcct Applicant: Monsour Enterprises,LLC
Pro*t Locution: Luzerne Read
Parcel History: P-SB-8-2011 ; P-SB-9-2018
F- k Type: Type 11
Meeting Date: ,tune 2.0,2018
Deseriptiou at Proposed Pra*t:
Applicant proposes subdivision of a 4.71 acre parcel into 3 lots of 1.57 acres each for single-family dwellings.
Lots 2 & 3 are to have a shared driveway. Lot 1 will have a lot width of 104 ft. where 200 ft. is required on a
collector road; Luzerne load. Relief requested from lot size, and lot width requirements. Planniag Board:
Subdivision of lots requires Planning Board review.
Relief Req nired.
The applicant requests relief from lot size, and lot width requirements in the MDR zone.
Section 179-3-040 Dimensional mq uimments.
Applicant proposes 3 lot subdivision of lots 1.57 ac where 2 ac is required
Section 173-1 -020— Residential lots abutting collector roads
Lot 1 is proposed to have a lot width of 100 ft where 200 ft is required.
Criteria for considering an Area Variance acearding to Chapter 267 ofTowo Luw:
In making a determination, the board shall consider:
l. 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. The applicant has indicated neighboring properties are of similar size.
. 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 create less
lots.
. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief for lot size 0.43 for each of the three parcels. Relief requested for lot width of
104&
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 physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff cantmcats:
The applicant proposes a three lot single family residential subdivision. The plans show the lot arrangements.
The project is subject to subdivision requirements where the applicant has requested waivers from providing
septic, water supply, stvrmwater, grading, clearing, and house location indicating those items to be determined
as lots are sold.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Say Road Queensbury, NY 12804 ( 1 ) 761-8238
'Yawn of C_umrk-Nary
Arca Variance Resolution To: Approve 1 Disapprove
Applicant Name: Monsour Enterprises, LLC
File Number: -A -41-2018 `
Location: 0 Lu nip, Road
Tax Map Number. 308.12-2-77
BA Meeting Date: Wednesday, June 20, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Mansour
Enterprises, LLC. Applicant proposes subdivision of a 4.71 acre parcel into 3 lots of 1.57 acres each for
single-family dwellings. Lots 2 & 3 are to have a shared driveway. Lot 1 will have a lot width of 100 ft. where
204 ft. is required on a collector road; Luzerne Road. Relief requested from lot size, and lot width
rNuirernents. Plaru ing Board: Subdivision of lots requires Planning Board review.
Relief Required:
The applicant requests relief from lot size,and lot width requirements in the MLT zone.
Section 179-3-040 Dimensional requirements.
Applicant proposes 3 lot subdivision of lots 1.57 ac where 2 ac is required
Section 179-19-020—Residential lots abutting collector roads
Lot 1 is proposed to have a lot width of 100 ft where 200 ft is required.
SEQR Type 11 —no further review required;
public hearing was advertised and held on Wednesday, June 20, 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 fund as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neigbborhood nor a detriment to nearby
properties because
1 Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the reg ues# 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?
5. The alleged difficulty is 1 is not self-created because
. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh a roval / 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 sent with this resolution.
BASEL) DTA THE ABOVE FINDrNGS, I MAKE A MOTION TO APPROVE 1 DENY AREA VARIANCE
-AV-41- 01 8, Monsour Enterprises, LLC, Introduced by , who moved for its adoption, seconded b
Duly adopted this 20"' day of June 2018 by the following vote:
AYES'.
DOES:
Town of Queensbury Zoning Board of Appeals
Community Development Departmeni Staff Notes
Area Variance No.. 43-2018
Project Applicant: Thi n.gvelLir, LLC/Joel M atthews, Member
Project Location: 15 Allen Road
Pa reel History: P- P-4b-201 i Variance 736 yr. 1982
EER Type: Type II
Meeting Date: June 20,2018
Description of Proposed Project:
Applicant proposes a 624 sq. ft. garage addition and a 252 sq. ft, residential addition. Also, applicant proposes
to convert the existing garage into living space. The existing home is 1,375 sq. ft, (footprint) with an existing
floor area of 2,440 sq_ I1. and the additions total 995 sq. ft. of floor area. belief irequested from minimum
setback requirements in the WR zoning district. Planning Baard: Site Plan Review for expansion of a
nonconforming structure.
Relief Re nixed:
The applicant requests relief from minimum setbaok requirements in the WR zoning district.
Section 179-3-040 Dimension re uiremews and 173-13-010 Expansion of non conforming structure.
The applicant proposes a garage addition that is to be 15.3 ft from front property line where a 30 ft setback is
requiitd. The residential addition is to be 12.6 fl to the rear property line where a 30 ft setback is required. The
project involves the expansion of pre-existing nonconforming structure.
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 inn 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 sorne niethod, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to
the lot configuration and the existing house location.
. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested for front setback is 14.7 ft, belief requested for rear setback is 17.4 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
erkvironmental conditions in the neighborhood or district. The project may be considered to have
minimal impact on the environmental conditions. The applicant proposes additional landscaping and
stormwater management for the site.
S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
staff coinmcnts:
Tlie applicant proposes construction of 24 x 26 sq, ft. garage addition, a 12 x 21 sq. ft. residential addition to an
existing 1,375 sq. ft. (footprint) home and to convert the ex]sting garage to living space. ,Applicant proposes
additional shoreline plantings.
Warren County Planning Department
Project Review and Referral Form
Reviewed by Dep artmeni on.dune 14, 2018
Project Mame: Thingvellir, LL IJoel Matthews
Owner: Thingvellir, LLC
ID Number: QBY-18-AV-4
County Project#: Jun18-10
Current Toning: WR
Community: Queensbury
Project Description:
Applicant proposes a 624 sf garage and a 252 sf residential additron_ Also applicant proposes to convert the existing
garage into living space.The exis#Ing home is 1,075 sf (footprint) with an existing floor area of 2,440 sf and the additions
total 996 sf of floor area. Relief requested from minimum setback requirements in the WFC zoning district
Site Location:
16 Allen Rd
Tax Flap Narnber(s):
227.6-1-14
Staff Notes:
The Warren GountyPlanning Department finds that the project will not create arty significantinter-municipal or county-wide
impacts to the items identified in GML §239,
Local fictions to nate(if any)-
County Planning Department,
NCI
Local Action:ffinal Disposition-
A,, � 6/14/2018
Warren Cbmity Planning Department Date Signed Local Official Date Signed
PLEASE RETVRLN TRIS H)RM TO TaE WARREN COUNTY PLANNING DEPARTNf FNT WITH I N 1 a DAYS OF FINAL ACTT ON
Zoning Board of Appeals—Reco rd of Resolution
Town of Queensbury 742 Bay load Queensbury, NY 12804 (518) 761-82.38
"Toowrr(ef f�iCrerrsbur}'
Area Variance Resolution To: Approve I Disapprove
Applicant Name- Thingvellir, LLC 1 Joel Matthews, Member
File Number- Z-AV 43-2.018
Location; 15 Allen Road, Pilot Knob— K,attskill Bay
Tax Map Number: 227.6-1-14
ZBA Meeting hate: Wednesday, June 20. 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Thingvellir, LLC !
Joel Matthews, Member. Applicant proposes a 624 sq. ft. garage addition and a 252 sq. ft. residential
addition. Also, applicant proposes to convert the existing garage into living space. The existing home is 1,375
sq. ft. (footprint) with an existing floor area of 2,440 sq. ft. and the additions total 995 sq. ft. of floor area.
Relief requested from minimum setback requirements in the WR zoning district. Planning Board: Site Plan
Review for expansion of a nonconforming structure.
Relief Required:
The applicant requests relief from minirmmn setback requirements in the WR zoning district.
Section 179-3-040 Dimension requirements and 179-13-010 Expansion of non conforming structure.
The applicant proposes a garage addition that is to be 15.3 ft from front property line where a 30 ft setback is
required. The residential addition is to be 12.6 ft to the rear property line where a 30 ft setback is required.
The project involves the expansion of pre-existing nonconforming suveWre.
SEQR Type II —no further review required;
A public hearing wEis advertised and held on Wednesday, June 20,2019;
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
1. There is 1 is not 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 been
included to minimize the oquest OR 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?
5. The alleged difficulty is 1 is not self-created because
, In addition the Board finds that the benefit to the applicant ftm granting the requested variance would
outweigh fapproval) / 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;
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 FrNDINGS, 1 MAKE A MOTION TO APPR ISE 1 DENY AREA VARIANCE
Z-AV-43-2018, Thin vellir LLC /Joel Mattbe s Member, Introduced by , who moved for its adoption,
seconded by
Duly adopted this 0`h day of June 2018 by the following vote:
AYES:
NOES: