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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minutes: May 16 and May 23,2018 Administrative Item: use Variance 1-2018 Miner for Mowery Further Tabling—Application Withdrawn by S.�7owery -verbal Area Variance 76-2017 Joe Orlow Further Tabling DLQ BUSTNESS: A lican S Faden Enterprises Area Y'ariance IVa -AV-34-20.18 Owner(s) 894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: