Application 742 Ray Road, Y. 12504-5902
August 28, 2018
Linda Clark
3 Beamost Bur Lane
Lake George,NY 12845
Re. Survey-Waiver Request for Area Variance(Our File: AV-59-2019)
Linda Clark
Project Location: 3 Benrnost Bur Lane
Project Tax Map No, 289.13-1-53
Dear Ms.Clark:
I am writing you with regards to your requested survey-waiver for your proposed Area Variance
project at 3 Dmmost Barr Lane. Chairman Harrison Freer has approved your waiver raquest.
Your Area Variance application is scheduled for review by the Zoning Board of Appeals during
the month of Septcmber, 2018, A Meeting-Date notice letter and agenda will be sent to you
under separate cover.
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
Sincere y,
Craig Brown
Zoning Administrator
Blsh
Cc: Laura Moore, Land Use Planner
L-1Crai$Brown12019 Lettm%Waiucr LindaClark AV 59-2018 8_29 18-4OG
"Home of Natural Deeinti — A Good Piece to Live "
TOWN OF QUEENSBURY
742 Bay Road, Queeprshury, NY- 72804-5902
MEMORANDUM
TO: Zoning Board of Appeals Chairman
Harrison Freer
FROM: Laura Moore, Land Use Planner
RE: Request for Survey-Waiver
Area Variance—Linda Clark
DATE: August 22, 2018
Chairman Freer:
Please find attached to this memo an Area Variance application submitted by Linda Clark for review her
proposed project at 3 Benmost Bur Lane during the month of September 2018. A letter is included in
the application package requesting a survey-waver. A survey map dated October 4, 1989 has been
submitted and edited to show the proposed porch additions and location of the septic system.
Ms.Clark refers to a past Area Variance application which was reviewed and approved by the ZBA.
Resolution attached for your Interest. File: AV 51-1999.
Indicate below whether you approve or deny this request; noting any conditions. Also Initial or sign next
to your decision.
Thank you.
Approved by Chairman Fre --;�L
Denfed by Chairman Freer
With Condition:
„ Howe of Natural 13cauty ..- A Good Pface to Livc! '
Linda Clark
3 Benmost Bur Lane
Lake George, blew York 12845
Phone: 518-745-5741
Email. imlc€ark a aol_carn
Town of Queensbury
Bay Road
Queensbury, New York 12801
To Whorn It May Concern:
This application is a request for a ten foot porch off of the side of ray 3 Benmost Bur Lane
home. In 1998, when i built the house,the application was approved for a n 8 foot porch on at e
side of the house and a ga rage on the opposite side. I am submitting this application to ask the
Zoning Board to once again consider r8I ief from a setback in the back of the house and re ief
from the pe rmea b i I ity, fiovrarea.
At the time in which I buitt the house, i was not able to financlaity finish the porch and the
garage. However, I a m now in the position to add the porch. In living with the house for the last
20 years, it has become evident that a 10 foot double decker porch would be more suitable for
the intended usage of the porch.
I n considering the original application, the request would be a moderate request for an area
variance. I am adding two feet to the width of the porch, and instead of an angled covered roof,
I am asking to add a second level porch with no roof covering over the second layer.
Since this is a minor adjustment to the original appi ication, I am asking for a survey waver and
that the board consider the application with the original plat p I a n and tyre ariginaI survey of the
house with added edits of the septic, well, small shed, driveway, and the proposed porch
addition. I am also submitting the architectural plans for the proposed porch.
Thank you for your consideration.
Sincerely,
Irnda Clark
MOTION TO APPROVE AREA VARIANCE N0. 61-1.989 LXNDA CLARK WEITTY,
Introduced by Daniel Griffin who moved for its adoption, seconded
by Jeffrey Kelley:
The applicant his demonstrated practical difficulty due to the size
and shape of the lot, this is a small lot. The square footage of
the proposed house has been reduced by 224 square feet . The setback
on the north line has increased from 4 feet to 8 feet by moving the
house forward. This is a small lot with no other location for the
dwelling, the septic system is on the side, steep slope, and gorge
on the north, driveways on both east and west . No neighborhood
opposition. The short EAF form shows no negative impact . They also
need relief from Section 7 . 077 of the Zoning Ordinance which deals
with frontage on a public road. We are granting the relief because
it is not a public road.
Duly adopted this 16th day of August, 1989, by the following vote:
AYES : Mrs. Goetz, Mr. Sicard, Mr. Griffin, Nr. Kelley,
Mai s. Eggleston, Mr. Muller, Mr. Turner
NOES - Noma
AYES : None
MOTION TO TABLE AREA VARIANCE NO. 1989 LIEDA CLARK WHITTY, Introduced
by Michael Muller who moved for its adoption, seconded by Charles
Sicard:
Tabled for the factual issues that we cannot make at this meeting.
We in no way want to mislead the applicant or encourage any further
activity on the building. There is a possibility you are not building
in conformance with the Zoning Ordinance this is separate from the
issue being sought in variance no. 61-1989 . We are seeking legal
opinion from Mr. Dusek by October 26th, 1989 Town of Queensbury Zoning
Hoard meeting.
AYES : Mrs. Goetz, Mr. Sicard, Mr. Kelley, Mrs. Eggleston,
Mr. Muller, Mr. Turner
NOES . None
ABSENT: None
(FYI : Date on this findings sheet was October 18, 1989)
MOTION TO APPROVE AREA VARIANCE NO, 61-1989 LINDA WHITTY, Introduced
by Mr. Muller who moved for its adoption, seconded by Theodore Turner:
The applicant has shown practical difficulty. The circumstances
requiring a variance are not of her own creation. There has always
been difficulty in placing a house on the lot . The difficult shape
of the property and there has been confusion of the findings of
different surveyers. This will be permission for the north side of
the house, 6 . 8 ft . variance from the northerly bo-Qndary line . This
will give a 1 ft . overhang on the back of the building . No adverse
impact on the property on the north which is owned by Mr. Tyner because
of a narrow strip of lance and a gully existing on t1ae north side of
the property.
AYES : Mrs . Eggleston, Mrs . Goetz, Mr . S icard, Mr. M-al ler,
Mr. `burner
NOES - Done
ABSENT: m7. Jeffrey Kelley
Linda Clark
3 Benmost Our Lane
Lake George, New York 1 M
Phone: 518-745-5741
Email. imidark goLcorn
Town of Queensbury
Bay Road
Que ens bury, New York 1201
To Wham It May Concern:
This application is a request for a tern foot porch off of the side of my 3 Benmost Bur Lana
home. I n 1998, when I built the house, the application was approved far an S foot porch on one
side of the house and a garage on the apposite side. I am submitting this application to ask the
Zoning Board to once again consider relief from a setback in the back of the house and relief
from the permeability, floor area.
At the time in wh1ch I huti4t the house, I was not able to f nan6atly finish the porch and the
garage. However, I am now in the position to add the porch. I n living with the house for the fast
ZO years, it has become evident that a 10 foot trouble deckcer porch would be mare suitable for
the intended usage of the porch.
In considering the original application, the request would be a moderate request for an area
variance. I am adding two feet to the width of the parch, and instead of an angled covered roof,
I arm asking to add a second level porch with no Woof covering over the secand layer.
Since this is a minor adjustment to the original application, I am asking for a survey waver and
that the board consider the a ppIicat[on with the original piot plan and the original survey of the
house with added edits of the septic, well, small shed, driveway, and the proposed porch
add ation. I am also su bmftti ng the architectural plarts for the proposed porch.
Thank you for your consideration.
Sincerely,
nda 1lark
Area VariarlCe(Z9A approved: ScpLcmbcr23 20161
Pre-Submission Coiiferenoe Form 1 Section 179-9-040
L Applitaut Mome-. Linda Clark
2. Tax Map ID 289-13-1-53 Lotation. 3 Benrnost Bur Lane
3. Zoning Classirleatiou VWR
4. Reason for Review: A.Dr (( t r -1-?0Lkf-
S. Zoning Section #: � ��
6. Pre-Submission Meeting NGtcs: Provided Outstanding; Please provide by
Deed _
General Information complete
Site Development Data Complete —
Setback Requirements Complete t-n 7T!4 :+�f� VMo ref 'e4:c
Additional Project Information C Grnplete
FAR addressed
Compliance with Zoning Ordinance
hecklist items addressed
Environmental Farm completed
Signature Page completed
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Staff`Representative: J C u C't 6:0 +lL C i '
Applicant I Agent: l Date:
F@Se 6
Area Variance, [LBAaWowd; Septemlw212M]
'Z-A�
General Information
Tax Parcel 1D Number. 289_13-1-53'
Zoning District: WR
Detailed Description of Project[include current& proposed use]:
Current Use: Single Family Home
Proposed Use. Single Family Home with double deck parch to the east side AUG15 2018
TOWN OF QUE ENrSBUR`f
3 Benmost Sur Lane ZONING OFFICE
Location of Project; Lake George, IVY 12845
Applicant lame: Linda Clark Mailing Address 3 flenmest Bur Lane
Home Phone 518-745-5741 City,State,Zip Lake George, NY 12845
Work Phone Cell Phone 518-745-5741
E-Arl L imlclark aol.00m FAX No-
Agent's Name. Mailing Address
Horne Phone City, Stair,Zip
Work Phone Cell Phone
)mail FAX No.
Owner's]Name same as applicant Mailing Address
Home Phone City, State,Zap
Work Phone Cell Phone
E-mail FAX No.
Page 1
Area Variawe (7.RA apr.-owd: September 21 2a161
ite j)L�v_clnpm st Dal$
Area l Type F Xi-4ting sq. fL Proposed Total sq. ff.
Addition sq.ft.
A- Building foolpint 1224 0 1224
B. Detached Garage 0 0 0
C. Accessary Structure(s) 04 0 64
D- Paved,gravel or other hazd surfaced area right of way 1320 0 2860
driveway 1540
E. Parches f Decks kitchen porch 10 living room porch 360
240
F. Other
G. Total Non-Permeable [Add A-F] 4268 240 4508
H. Parcel Area (43,560 sq, fk!acre] 12458.16 1245&16
1, Percenlage of Impermeable Urea of Site [I---G1F1] -34 (a4 ) �.,..,v 36%
Setback Requirements
Area Required Existing Proposed
Front Yard[1 f 20 47.7 no change
Front Yard [2]
Shoreline
Side `hard [1] east 2a 41 31 _
Side Yard 121 wry 20 46.02 no change
Rear Ward[1] north 20 house 7,8 porch 7-8
Rear Ward [2]
Travel Corridor
Height[maxim=1
Permeability 75% 660% 64
Dumber of parking spaces —
Pz�c 2
Area Variance [zaA,,prw d, 8qmcmbcr112a16]
Additional Project Information
I_ Will the proposal require a Septic Variance from the Town Board ofHealth? no
2, If the parcel has previous approvals, list application number(s)- 81-1989 Ago S=ct 89
3, Does this project require coverage under the New York State Polltda nt Discharge Elimination System(SPDES) Permit
Program? _Yes/ X No
4. Estimated project duration: Start Date: 1 011 1201 8 End Bate: 111112018
5_ Estimated total cost of project- $12.OQO
fix_ Total area of land disbLubanxe for project: 24'Xl U
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total btdlding floor
area by the lot size in square feet,yielding a percentage.
,caning District Symbol Floor Area Ratio[FAR)
Waterfront Residential R 0.22
Commercial Moderate I Commercial CM 1 Cl 0.3
Intensive
A. The combined area of al l square footage,as measure from exterior walls of al l structures on the property, includi ng al l
floors of the Structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does aot include: ()pen deck, docks and that portion of covered docks wAending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See"FLOOR AREA RATLO").
B. Commercial or industrial: the total area in square feet as treasured from the exterior of the outside walls of a building
or structure, and when applicable,the Burn total of al I floor areas of the principal and accessory buildings or structures
on the project site.
>Pareel Area 12458.16 s .ff.
Exisfing Fluor Area 3792 sq.ft see above definition
Proposed Addituoaal Fkmr Area 240 sq.fL
PrGpasped Totem Floor Area 4032 sq.fL
'r'otal Ai>€owlble Flaar Area 2741 Area x see above table
Page 3
Area Variance. [ZBA approved; September Z 1 16]
Compliance with Zoning Ordinance
Requesting relief from SECTION-. 179 -040
Need relief from the requirement(s)fished below which can not be met by the project as proposed.
[Check all that appW 9 Setback Cj BraFfer Zone EILot Width [OOther permeability, floor area
The following questions reflect the criteria for gating this type of variance. Please complete them; we additional sheets if
needed.
]_ Wh er an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
No undesirable change in character or detriment to nearby property_
. 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 house was built and approved in 1989 with a side porch off the living room, but the porch was not completed
vveHild be li^¢t T*r a w I. pfopefty t5 leame theeft w+�€tg �€iet+n
3. Whether the requested area variance is substantial?
The request is moderate_
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No adverse effect or impact on the physical or environmental conditions.
5. Whether the alleged difficulty was self-created?
The house was odgionally(1989) approved for a 24 8 foot porch. This size porch is limiting for the intended use
wider. TheF�a;self-eFea# _
?@4e 4
A a Variance LZDA approved- 5tpwmbu721 20L01
Section 179-14-030-Application materials
Application materials and site plan dravnng is to include sufficient infonnation for the Board to review and provide a decision, The
applicant is to provide a site pIan drawings)—a survey showing existing conditions,a proposed oonditions map(see page 00 for
specific criteria)and incIudc any ether attachments that address A-D as applicable to the proposed project-
A. Getteml Shown on Sheet 4
1 Title,Name, Address of applicant&persGn responsible for prepuration of drawing surrey
2 Deed attached
3 North arrow, Tax Map ED,date prepared and scale minimum: I inch=40 feet survey
4 Boundaries ofthe property plotted to scale,zoning boundary survev
5 1 Principal structures, accessory structures with exterior dimensions --- survev
Site improvements iml-outdoor storaW areas,driveways,parking areas, etc.: existing k survey
ro sod e_a-%
7 Setbacks for all structures and improvements: existin & proposed survey ;Ir-
8 Elevations and floor plans of all proposed and affected strucwres elevation sheets
K Water&Sewer Shown an Sheet 4
1 Project sewage disposal facilities,design details,construction details, flow rates, and number of survey edited
bedrooms proposed
2 Water supply [i.e. welly &septic an adjoining lots with separation distances to existing or survey edited
proposed our-site water supply and septic
3 S22mion distances for EroWW sew disp9sal system to well and water bodies NIA
4 Existing public or private water supply [well, lake,etc.]. Method of seewing public or private NIA
water, location,design and construction of water supply inciuding daily water Ume
5 Percolation test location x1d results NIA
C Parking I Permeable Areas Shoran on Sheet#
I Plumber of spaces required for project incl uding calculations and j usti fiemion. existing& WA
proposed
2 No,of existing parking spaces,number to be removed,number to maintain and type of surfacing NIA
rr�aienal e- ., vel,pave4j
3 Provision for pedestrian and handitap ass and : existing proposed NIA
4 Design details of ingress,egress, loading areas and cuffing: exi-4ing&prop2sed NIA
S Location and charauter of Been areas [existing and propas4, modification to green area, buffer NIA
zone to rermain undisturbed
6 Ligbtin location and design of all existing and proposed outdoor lighting NIA
D. Additional Site Development and Miscellaneous Shown on Sheet 4
l On-site&adjacent watercourses,streams,rivers lake and wetlands NIA
12 Utility!energy/energy distributions stein ftn,electric,solar,#ele a>ae : existing& o NIA
3 Location,design and construction detai Is of all existing and proposed site improvements NIA
includin drains,culverts,retaining walls,fences, fire&emerg=yzimes and hydrants,etc.
4 Square footage of bldg.area proposed for Office, rnanufacturi ng, retail sales or other commercial NIA
activities: existing&proposed
5 Si Location,sire,type, design and setback: existing& proposed NIA
b Waiver Request: provide letter with application r uesting any waivers- please reference SEE LETTER
s ecific items
7 Commercial I Industrial, lu velopment requires submission of Landscaping,Stormwater NIA
Mara current*Gradin & Lighting Plans
S Identification of Federal, State or County permits required for the project together with a record NIA
of application for all necessary penTtits
Page 5
Area Variance jzDA approved_ seprember21 2o161
This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.)
Other Permit Responsibilities;5.)Official Meeting Disclosure and 6.)Agreement to provide documentation required.
Owdt;Ct'SACENT Forme: Complete the following if the OWNER of the property is.nut the same as the applicant.
Owner.
Designates: _.. as Agent regarding the following:
Variance Site Plan Subdivision
Far Tax Map No.- Dccd Reference: Book Page Dam
OWNER SIGNATURE. .GATE'
Arm cAN-rls AG€Nr F Rm- Complete the following if the APPLICANT is unable to attend the
tneefiRg or wishes to be represented by another pasty:
Owner.
Designates: as Agent regarding the following
Variance Site Plan Subdivision
For Tax Map No.. Deed Reference: Book Page date
OWNER SIGNATURE: DATE:
2 ) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be
charged directly to the applicant. Fees for engineering review will not exceed S 1,000 without notification to the appiicant_
3.) A,U7.'HOR.I ATION POR SITE VISITS: By signing this page and submitting the application materials attached herein, the
Owner, Applicant,and his/her/their agent(s)hereby authorize the Zoning Board or Planning Board and Town Staff to enter she subject
properties for the purpose of reviewing the application submitted.
4}..0111ERYEILMCI RIN SPONS113ILITIES; Other permits may be required for construction or alteration activity subsequent to
approval by the Zoning Board or Planning Hoard. It is the applicant's responsibility to obtain any additional permits_
5. OFFICIAL MEETING MINUTES (DISCLOSURE. It is the practice of the Community Development Department to have a
designatied stenographer tape record the proceedings of meetings resulting fum application, and minutes transcribed frorn those tapes
constitutes the oflicNI record of all proceedings.
,)_ A MFIw!'I TO PROVIDE DOCUMENTATION.R.E;OU RED I, the undersigned, have thoroughly read and understand
the instructions for submission and agree to the submission requirements, i acknowledge no construction activities shall be
commenced prior to issuance of a valid permit. 1 certify that the application, plans and supporting materials are a true and complete
smtementfdescriplion of the existing conditions and the work proposed, and that all work will be performed in accordance with the
approved plans and In conformance with Iocal zoning regulations. i acknowledge that prior to occupying the facilities proposed, I ar
my agents, will obtain a certificate of occupancy as necessary. I also understand that Uwe may be required to provide an as-built
survey by a licensed land surveyor of ai I newly constructed faci litics prior to issuance of a certi ftcate of occupancy
I ha read and agree to a e_ ff L b_6
S�driature[AI3p1 t Print name[Applicant] Date signed
Signature[Agent] Print Name[Agent] Date signed
lea 7