Z-AV-43-2017 Stephen Richards Shed at 65 Hicks Road Approval Resolution 12.20.2017 ot Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queensbury
Area Variance Resolution To: Approve (SHED)
Applicant Name: Stephen H. &Deborah A. Richards
File Number: Z-AV-43-2017
Location: 65 Hicks Road
Tax Map Number: 297.7-1-26
ZBA Meeting Date: Wednesday, December 20, 2017
The Zoning Board of Appeals of the Town of Queensbury has received an application from Stephen H. &
Deborah A. Richards.
Applicant proposes construction of a 361 sq. ft. addition to an existing 361 sq. ft. shed for a total 722 sq. ft.
storage shed. The parcel also has an existing 2,332 sq. ft. home, 768 sq. ft. detached garage and a 80 sq. ft. shed
where the smaller shed is to be removed. Relief requested from maximum allowable size, and setbacks for such
structure in the MDR zoning district.
Relief Required:
The applicant request relief for enlargement of a 361 sq ft shed with an addition of 361 sq ft for a total 722 sq ft
shed—for maximum allowable size and setbacks for such structure in the MDR zoning district.
Section 179-5-020—Accessory Structures—shed:
The applicant proposes 722 sq ft accessory structure on a lot less than 3 ac and it is to be located 6 ft from the
property line where a 25 ft setback is required. Relief is requested for the allowable size where 802 sq ft is
existing including the shed addition to be maintained. (The garage is not included in the overall accessory
structure size as garages have specific sizes allowed per code.)
SEQR Type II—no further review required;
A public hearing was advertised and held on October 18, 2017 and on December 20, 2017
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:
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because Lost Language from Static on Tape Recorder
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. Lost Language from Static on Tape Recorder
3. The requested variance is / is not substantial because Lost Language from Static on Tape
Recorder
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty is of course self-created.
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (qpproval) 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) That before the building permit is issued that the argument between the Water Department and the
applicant be resolved.
b) 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 AREA VARIANCE
Z-AV-43-2017 Stephen H. & Deborah A. Richards, Introduced by Michael McCabe, who moved for its
adoption, seconded by Ronald Kuhl:
Duly adopted this 201h day of December 2017 by the following vote:
AYES: Mrs. Hayward,Mr. Underwood, Mr. Urrico,Mr. Kuhl, Mr. McCabe
NOES: Mr. Jackoski
RECUSED HIMSELF: Mr. Henkel