Loading...
Staff Notes Packet for ZBA Mtg Wed., July 25, 2018 StEff Note§ ZBA Meeting Wednesday, July 25 , 2018 Queens bury Zoning Board of Appeds Agenda Meeting: Wednesday, July 25. 2018 Time: 7:00- 1 1:00 pm Queen5bury Activities Center- 742 Bay Rood Agenda subject to change and may be found at: www.queensbury.net NEW BUSINESS: A licant s Judki-ns Family Trust Area Variance Nu Z-AV-46-2018 Owners Judkins Family Trust SE RA Type it Agent(s) Micbacl I O'Connor,Esq-/Lucas Do4ie- La#Size 0.37 Ages Hutchins Engineering Location IS Gen istaDrive Zoning WR WArd Nm Ward 1 Tax Id No 259.10-1-3b (home);289.10-1-35(driveway) Section 179-3-04D CTM Ref P-5P-16-2018.Z-AV-12-2018 Warren COUFAY PLAFULiME ida Public Hea ring July 25,2018 Adirondack Park Agency Wo Project Description Applicant proposes construction of a new single-family dwelling of 943 sq,ft.{footprint}with 2,653 sq.ft.(FAR)- Project includes sitcwork for landscaping,storrnwater,onto grading. New construction does not meet setbacks for shoreline and side setbacks- Relief ra uested for setbacks. A licant s Thomas Sholly,Jr. Ages Variance No 7rAV-48-2019 Owners Thomas Shelly,Jr. SEQRAT a U A ea# s rda Lot Size 0.84 Acres Loeatinn 4 pax Hollow Lane,Westland Section 14 Zoning MDR curtettl Ward No. Ward 3 Tax Id No 295-19-3-32 Section 179-5-020 cants Ref I n!a Warren Cowwty Hoomin nfa Public Hearing I July 25,20I8 Adirondack Park Awn— n!a Project Description Applicant proposes construction of a 400 sq.JL"FL-sided detached garage. Placement is over existing slab area. Existing home is 1.616 sq.ft.footprint witb an attached gwage of672 sq. fr. Relief ue"fpf asecond garage whm only one is allowed. Applicant(s) Kris D.Rodicri Area Variance No Z-AV-49-2018 Owners Kris D. ieri SE RA Type 1I Agent(s) Stefanie D1L3IIo Bincr, Es - IIIISR Lot Size 14.11 Acres Location 40 North Road Zoning MDR Ward No. Ward 2 Tax Id No 3017-1-37 Section 179-5-024 Cross fief Z-AV-17-2+018,Z-AV-79-2017 Wo rem Coun Planning !ul 2018 Public Hearin Jul 25,2018 Adirondack Park A ene WI Project De3crip6on Applicant propo_m to construct a t44 sq. #t. stone gazebo structure with a 192-25 sq-ft,concrete pad. Parcel oumntly has 4 garages(attached 1,250 sq. ft.;detackcd 390 sq- t1_;car storage 3,000 sq. &-,and equipment shed 626 sq, ft.) The existing wood sked is 470 sq- ft.;(approved)pergola 1,000 sq,it are the two accessory strictures and[his current application would constitute as a third accessory structure. Parcel exceeds the allowable 750 total sq.footage For accessory structures on the parcel as existing total is 1,470 sq.ft.and proposal would bring Iota]to 1614 sq.ft. RclicF uested from total square footage of foxessory buildi s in the MDR wrki district. A licHnt s Kevin Toomey Area Variance No Z-AV-51-2018 Owners Kevin Toorney SEQRA Type IT Agent(s) n1a Lot Size 1-29 Acres Location 19 111wherry Terrace-Parmington Grave 2:oniog MDR current,SR-1A Farmington Ward No. Subdivision-Ward I Grove Subdivision Tax Id No 299.12-1-20 Section 179-3-0440, 179-4-050 Crass Ref SB 2-2003 Warren Couaty Planning iVa Public Hearing July 25 2018 Adirondack Park Agency n/a Project Description Applicant proposes construction of single-farniiy dwelling- Relief requested from Mirtimurn YequiTCMrnt for road frontage on a public right-of-way- Any further business that the Chairman d etrrmincs may be properly brought before the Zoning ward of Appeals. Final ZBA Agenda Version_ 6,29,2013 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Motes Area Variance No.: AV 46-2018 Project Applicant' Judkins Family Trust Project Location: 15 Genista Drive Parcel History: P- P-16-2d18, Z-AV-12-2018 EQR Type: Tie 11 1Vl pet ing Date: July 25, 2018 Description of Proposed Project: Applicant proposes construction of a new single-fkm il y dwelling of 143 sq. ft. (footprint) with 2,653 sq. ft. (FAR) with a 330 sq ft lakeside patio. Project includes site work for landscaping, stormwater, and grading. New construction does not rueet setbacks for shoreline and side setbacks. Relief requested for setbacks. Relief Required: The applicant requests the relief from minimum setback requirements and road frontage requirements for the VVR zone. Section 17 -3-040 establishment of districts-dimensional requirements—waterfront residential The applicant proposes to construct a new single family dwelling. The home is to be located 21 ft from the shoreline where a 50 ft setback is required, side yard on the east is to be 10.8 ft and side yard on the west is to be 8.2 ft where a 15 ft setback is required, Criteria for considering an Area Variance according to Chapter 267 of Town Lav4: In making a determination, the board shall consider: i. 'Whether an undesirable change w ill be pro ducod in the character of the neighborhood or a detriment to nim rhy prof erties will be crcattd by the granting of this area variance. Mirror to no impacts to the neighborhood character may be anticipated. . Whether the benefit sought by the applicant can be mebieved by some method,feasible for the applicant to pursue, other than an area variannce. Feasible alternatives may be available to construct the home in a compliant location. . Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is for shoreline setback of 29 f1 and side setbacks 4.2 ft on the east side and 6.8 ft on the west side_ 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The project includes an updated driveway access, storm water management for the site and a new waste water system. S. Whether the alleged diffieuIty vas self created. The difficulty may be considered self-crated, Staff cornmets: The applicant proposes to construct a new home on a site where the existing home was recently demolished. The plans show the grading to occur on froth properties in relation to the driveway access and the stormwater management. The applicant's house site plans show the grading and erasion control. The plants show the location and lines for the septic and well connections. The project is similar to the house project that received approvals for AV 1 - 0 18—The previous home was to be 1, 64 sq ft floor area and the proposed home is to be ,653 sq ft floor area. The relief requested is less for the currently proposal than the previous project. The existing parcel 89.10-1-36 was granted Rand Frontage reliefper Section 179-4-0.50 or,4 V 1 -2018 rom the Zoning Board at the February 28, 2018 meeting access to the property is from the adjoining parcel 289.10- 1-35. Zoning Board of Appeals Community Development Department Staff Notes ow Zoning 13oard of Appeals-- Record of Resolution Tcvm of Queensbury 742 Bay Road Queensbury, ANY 12804 (518) 761- 38 Town of CLac=bun, Area Variance )resolution To: Approve 1 Disapprove Applicant Marne: Judkins Family Trust File Number: AV-4- - 018 Location: 15 Genista Drive Tax Map Number: 289.10-1-3 6 (horne); 289.10-1-35 (driveway) 13A Meeting Date: Wednesday, July 25, 2018 The Zoning Board of Appeals of the Town of Q ueensbmy has received an application from 3udkins Family Trust. Applicant proposes construction of a new single-family dwelling of 943 sq. it. (footprint) with 2,653 sq. ft. (FAR) with a 330 sq ft lakeside patio. Project includes site work for landscaping, storm water, and grading. New construction does not meet setbacks for shoreline and side setbacks. Relief requested for setbacks. Relief R,eq uested: The applicant requests the relief from minimum setback requirements and road frontage requirements for the WR zone. Section 179-3-040 establishment of districts-dimensional requirements waterfront residential The applicant proposes to construct a new single farnily dwelling. The home is to be looted 21 ft frorn the shoreline where a 50 ft setback is required, side yard on the east is to be 1 U ft and side yard on the west is to be 8.2 ft where a 15 ft setback is required, SEAR Type 1I —no further review required; A public hearing was advertised and held on Wednesday, July 25, 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 Queenshury Town Code and Chapter 267 of NYS Town Law and aver discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because . 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 net substantial because 4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alIeged difficulty is /is not self-created because G. Ise addition the Surd finds that the benefit to the applicant from granting the requested variance would oatwei pproval) / 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; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE l DENY AREA VARIANCE -A -4 - 01 8. Judkins Family Trost, Introduced by who moved for its adoption. seconded b Duly adopted this 18'h clay of July 2018 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Vtsriance No.: AV 48-2018 Project Applicant: Thomas Shelly,Jr. Project Location: 4 Fox Hollow Lane Yarcel History nla SEAR.Type: Type tt Meeting Date: July 25, 2018 Description of Proposed 1'ra�ect: Applicant proposes wnstruction of a 400 sq. ft, open-sided detached garage. Placement is over existing slab area. Existing home is 1,616 sq. ft, footprint with an attached garage of 672 sq, ft. Relief requested for a second garage where only one is allowed, Relief)required: The applicant requests relief for construction of an open sided 400 sq f[ second garage. Section 179-5-020 —Accessory. Structures —garaizL: The applicant proposes a second garage that is detached. 'C riteeist for considering an Area Variante aceordiug to Chapter 267 of To In making a determination, the board sha]I consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will lbe created by the grouting of this rarest variance. The project may be considered to have little to no impact on the neighboring properties. . Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The feasible alternatives may be considered to include construction of an addition to the existing garage. . Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. Relief is requested for a second garage where only one is allo wed. 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 as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. S. Whether the a[leged difficulty was self created. The project as proposed may be considered selfcreated_ Staff comments• The applicant proposes to colastmet a detached 400 sq ft open garage to be 14 ft 11 in in height_ The relief requested is for second garage to be placed on an existing pad of the same size. The plants submitted show the elevation and arrangement of the building on the site. The floor plans show garage area to be an open floor plan. The applicant intends to stone lawn equipment and other associated items. ot�itsg Beard of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761- 238 FULrla of(L 'vi.shiiry Area Variance Resolution To: Approve 1 Disapprove Applicant I1larne: Thomas Shelly, Jr. File Number; Z-AVA8-2018 Location: 4 Fax IJollow Lane Tax Map Number: 295.19-3-32 BA Meeting Date: Wednesday, July 25, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application Thomas Shelly, Jr. Applicant proposes construction of a 400 sq. ft. open-sided detached garage. Placement is over existing slab area. Existing home is 1,616 sq. ft. footprint with an attached garage of 672 sq. ft. Relief requested for a second garage where only one is allowed. Relief Required: The applicant requests relief for construction of an open sided 400 sq ft second garage. Section 179- -020—Accessory Structures—garage; The applicant proposes a second garage that is detached. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, July 25, 2018; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 17 -14-080( ) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT P RO V I D LD BY STAFI 1. There is f 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, arc reasonable and have been included to minimize the request OR are not possible, 3, The requested variance is / is not substantial because 4. There is 1 is not au adverse nnpact on the physical or environmenul conditions in the n6ghborhood or district? 5. The alleged difficulty is / is not self-created becatiue . In addition the Board finds that the benefit to the applicant from granting the requested variance would out eigh j�qpnrovml) / 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; 8. The Board also proposes the following conditions; a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABODE FrNQrNGS, I MAKE A MOTION TO APPROVE / DEFY AREA VARIANCE - AY48-2018 Thomas Shelly, Jr., Introduced by , who moved for its adoption, seconded by Duly adopted this 2 th day of July 2018 by the following vote: AYES: IQES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Motes Area Variance Ne.: AV 49-2018 Project Applicant: Kris D. Roglieri Project Location: 40 North Road Parcel History: AV-17-2018; Z-AV-79-2017 E R Type: Type 11 Meeting Date: July 25,2018 Description or Proposed Project: Applicant proposes to construct a 144 sq. ft. stone gazebo structure with a 182.25 sq, ft. concrete pad. Parcel currently has 4 garages(attached 1,250 sq. ft,; detached 390 sq. ft.; car storage 3,000 sq, ft.; and equipment shed 626 sq. ft.) The existing wood shed is 470 sq. ft., (approved)pergola 1,000 sq, ft, are the two accessary structures and this current application ►vould constitute as a third accessory structure. Parcel exceeds the allowable 750 total sq. footage for accessory structures on the parcel as existing total is 1,470 sq, ft. and proposal would bring total to 1,614 sq. ft. belief requested from total square footage of accessory buildings in the MDR zoning district. Relief]lie aired: The applicant requests relict'from the maximum total square footage allowed for accessory structures on the parcel in the MDR zoning district. Section 179-5-020—Accessory Stru tares—gg7&h2: The applicant proposes to construct a 144 sq, ft. stone gazebo structure with a 182.25 sq. ft. concrete pad. The parcel currently has 4 garages(attacked 1,250, detached 390 sq ft, classic car storage 3,000 sq k ,and equipment shed 626 sq ft), The existing wood shed is 470 sq ft, the pergola at 1,000 sq ft and the 148 sq ft gazebo would be three accessory structure and exceeds the total square footage rnaximurn allowed is 750 sq ft and proposed is 1,614 scl ft_ Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. . Whether the benefit sought by the applicant can be achieved by some method., feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the gazebo size, . Whether the requested area variance is substantial. The relief may be substantial moderate relevant to the code, Relief requested 964 sq ft in excess. 4. Whether the proposed variance will have an adverse effect or impact on the pbysical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal to no impact on the envi ronrnental conditions of the site or area. 5. Whether the alleged difficulty was self-ercatcd. The difficulty may be considered self-created- Staff Comments: The applicant proposes to construct a 144 sq, ft. stone gazebo structure with a 192.25 sq. ft. concrete pad,. The puns show the location of the gazzbo with photos and drawings of the proposed stone structure. Zoning Board of Appeals— record of resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 ( 18) 7 1-82,3 rnsvn nFi �certieblrn, Area Variance Resol"tion To: Approve / Disapprove Applicant Name: Kris Roglieri File Number. Z-A -4q-201 Location: 40 North Road ` o-s Map Number- 302.7-1-37 ZBA Meeting Date: Wednesday, July 2 5, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application Iris Roglieri. Applicant proposes to construct a 144 sq, ft, stone gazebo structure with a 18 - 5 sq. ft. concrete pad. Parcel currently has 4 garages (attached 1, 50 sq. ft.;detached 390 sq.ft.;car storage 3,000 sq. ft.; and equipment shed 626 sq.ft.) The existing wood shed is 470 sq- ft-; (approved)pergola 1,000 sq. ft. are the two accessory+structures and this current application would constitute as a third accessory structure. Parcel exceeds the allowable 750 total sq. footage for accessory structures on the parcel as existing total is 1,470 sq- ft. and proposal would bring total to 1,614 sq.ft. Rel ief req uested from total square footage of accessory buildings in the MDR zoning district, Relief Required: The applicant requests relief from the maximum total square footage allowed for accessory structures on the parcel in the MDR zoning district. Section 179-5-00—AcoessarwF structures—gazebo- The applicant proposes to construct a 144 sq.ft, stone gazebo structure with a 182,25 sq. ft. concrete pad- The parcel currently has 4 garages(attached 1,250, detached 340 sq ft, classic car storage 3,00.0 sq ft, ,and equipment shed 626 sq ft). The existing wood shed is 470 sq ft, the pergola at 1,000 sq ft and the 148 sq ft Lebo would be three accessory structure and exceeds the total square footage maximum allowed is 750 sq ft and proposed is 1, 14 sq ft. SEAR Type II—no further review required; A public hearing was advertised and held on Wednesday, July 25, 201 ; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-00(A) of the Queensbury Town Code and Chapter 267 of ITS Town Law and after discussion and deliberation,we find as follows- PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alttmatives 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/ is not substantial because 4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? . The alleged difficulty is 1 is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (.a_p -Qyal) / would be outweighed by fdenial) 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 Ietter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTIONTO APPROVE 1 DENY AREA VARIANCE -AV-4 - 01 S Kris D. I oilieri, Introduced by , who moved for its adoption, seconded b Duly adopted this 5`'day of July 2018 by the following vote: AYES: DOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 51-2018 Project ApplicRnt: Kevin Toomey Project Location: 19 Blueberry 'Terrace Parcel History: SB 2-2003 luQR Type: Type II Meeting Date: July 25,2018 DescriptiGa of Proposed Project: Applicant proposes construction of a single-family dweiling. Relief requested from minimum requirement for road frontage on a public right-of-way. R2liefRequired: The applicant requests relief from minimurn requirement for read frontage on a public right-of-way. Section 179-4-050 road Fronta e The applicant proposes to construct a home on an existing parcel where the previous subdivision did not account for the required road frontage requirements. Required is 100 tt and 40 ft is proposed Criteria €or considering an Area Variance according to hapter 267 of Town Law: In waking a determination, the board shall consider: 1. Whether an undcsirabie change will be produced in the character of the neighborhood or a detriment to nearby properties will he created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. . Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alterna#ives may be considered Iimited due to the existing lot configuration. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 60 ft of road frontage, 4. Whether the proposed variance will have an adverse effect or impact on the physical or enviroomental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The plans show the setback Iines to indicated a home would be able to meet the setback requirements. S. Whether the alleged difficulty was self created. The difficulty may be considered not self-created. The subdivision did not address this particular lot at the time of subdivision. Staff comments: The applicant proposes to construct a single family horne on 1,29 ac parcel, The lot was not develop at the time of the subdivision of Farmington Grove Subdivision SUB 2-2.003 and is subject to the review for not having the road the frontage required. The survey shoves the lot location and the road frontage proposed. AK Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-9238 Town orQVwnsbury Area Variance Resolution To: Approve 1 Disapprove Applicant Name. Kevin Toomey File dumber: Z-AV-51-2018 Location- 19 Blueberry Terrace Tax Map Number- 8 .12-1-20 ZBA Meeting hate: Wednesday, July 25, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application Applicant proposes construction of a single-family dwelling. Relief requested from minimum requirement for road frontage on a public right-of-way. Relief R"uired: The applicant requests relief from minimum requirement for road ftontage on a public right-of-way. Section 1794-050 Road Frontaize The applicant proposes to construct a home on an existing parcel where the previous subdivision did not account for the required road frontage requirements. Regaircd is 100 ft and 40 ft is proposed. SEQR Type 11 —no further review required; A public hearing was advertised and held on Wednesday, July 25, 018; 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 27 of NYS Town Law and after discussion and deliberation, we find as follows: PFR THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood not a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonahIe and have been included to mint nine the_rccluest DR are not possible. 1 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? S. The alleged difficulty is 1 is not self-created because 6, In addition the Board finds that the benefit to the applicant from granting the requested variance world outweigh a royal / 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 FINDINGS, I MAKE A I ODON TO APPROVE 1 DENY AREA VARIANCE -A -51- 018 Kevin Toomey, Introduced by , who moved for its adoption, seconded b Duly adopted this 25t" day of July 2018 by the following vote: AYES: NOES: