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Application
(Z:tTOWN OF QUEENSBURY 742 Bay Road, {firjeensbrrry, NY. 22804-5902 November 9, 2018 Xiao Jun Li & Carol Fang 21 Nathan Street ueensbury, NY 12804 KE. Residential Addition 21 Nathan Street Tax Map No. 349 G-3-4 Dear Mr. Li & Ms. Yang: am writing to you in response to my review of the plans submitted by Dan Ryan of Vision Engineering on your behalf for the project referenced above. 1 find that an Area Variance will be needed as the proposed location of the addition does not Tneet the minhnTrm setback requirement for the Neighborhood residential ( R) zoning district. For projects such as this within the NR zone,a 15 ft_ rear yard setback is required. This letter serves as the necessary denial letter for the processing of your variance application which was submitted to our ot'1= on October 15, 2018 for a November review by the Zoning Board of Appeals. Should you have any questions regarding the above comment;, please do not hesitate to contact this office. Sincerely, Town of Quff tsbury 0/�J Craig Brawn Zoning Administrator CDJsh c. Dan Ryan,V isian Engineering L_lCraig Brawn12038 LeaerslDenial Yang 1 30_18,doc ' Home of NaItrr111 Beavfy — A Goon Place to Lure " VISION Engineering CIVIL • STRUCTURAL • MUNICIPAL October 15, 2018 Town of Queensbury 742 Bay Road Queensbury, NY 12804 Attn: Laura Moore, Town Planner RE: 21 Nathan Street—Area Variance for "Rear" Setback VISION Engineering is assisting the Applicant/Owner for the above project which includes construction of a small building addition to the existing single family dwelling. From a site design perspective the project will be limited in scope, as the proposed addition is only one-story and 22ftx16ft, and which requires only minor changes to the site in order to be constructed on the small flat parcel. As we understand the Town's regulations pertaining to the project the following approvals are required; - Area Variance for "Rear" Setback—Town of Queensbury Zoning Board of Appeals Due to the size and nature of the planned project we reviewed the project from the perspective of SEQRA and believe the project to be classified as a Type II action in accordance with 6 CRR-NY 617.5 (c) (12) & (13), thereby being exempt from review relative to the potential for resulting adverse impacts. Enclosed please find the following documents in support of the project; 1. Deed 2. Survey (Outdated, see waiver requests) 3. Aerial Photos 4. Town Application for an Area Variance 5. Project Plot Plan 6. Addition Floor Plans and Elevations Because we believe the project to be of a minor nature the following submission waivers are requested; A. Updated/current survey B. Proposed Site Plan/Conditions Map (Plot Plan Provided) Assuming you find the application documents to be complete we request that the Applicant be placed upon the upcoming zoning board agenda for the November 2018 meeting dates, if possible. Upon your review of the documentation please do not hesitate to contact me if you have any questions or require additional information. Sincerely, Daniel W. Ryan, P.E. VISION Engineering, LLC ® ® 206 Glen Street•Suite 56•Glens Falls, NY• 12801 •P: 518-792-9264 www.visionengineeringlic.com Area.Variance [ZBA approved: September 21 2016] Town of Queensbury Area Variance Application REVIEW PROCESS: 1) Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later than 1 week prior to deadline day. Call(518)761-8238 or(518)761-8265 for an appointment. 2) Determination of application completeness.All necessary information must be provided and appropriate fee(s)paid for consideration for placement on an agenda for that month. 3) Incomplete applications will not be considered for placement on any agenda until all missing information has been supplied. 4) Submittal to the Warren County Planning Board,if applicable. 5) Zoning Board meetings,generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 6) Following the meeting,you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved,the next likely step is a Building Permit.Final plans/drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTS TO BE SUBMITTED:(HARD COPY&ELECTRONIC) 1 original and 14 copies of the completed application package to include: Completed Application: pages 1-9 completed, signed&dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator Survey: Current Survey: survey map depicting current conditions—sign, stamped,date by surveyor Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared by Surveyor,Professional Engineer(Civil)or a Registered Architect. Area/Sign Applications: must provide a final as-built survey depicting all site conditions and improvements Survey Waiver: Applicant may request a waiver from the survey pre and post requirements. Copy of Deed Fee: $50 residential; $100 commercial ZONING STAFF&CONTACT INFORMATION: Craig Brown,Zoning Administrator craigb(a gueensbury.net Laura Moore,Land Use Planner lmoore queensbury.net Sue Hemingway,Office Specialist sueh queensburynet (518)761-8238 Visit our website at www.gueensbury.net for further information and forms. Page 00 Area Variance [ZBAapproved: September212016] General Information 309.6-1-46 Tax Parcel ID Number: NR Zoning District: Detailed Description of Project [include current&proposed use]: SINGLE FAMILY DWELLING Current Use: SINGLE FAMILY DWELLING BUILDING ADDITION(I6FTX22FT) Proposed Use: 21 NATHAN STREET Location of Project: Applicant Name: XIAO JUN LI/CAROL YANG Mailing Address 21 NATHAN STREET Home Phone City, State,Zip QUEENSBURY,NY 12804 Work Phone Cell Phone E-Mail: LIX928@YAHOO.COM FAX No. Agent's Name: VISION ENGINEERING Mailing Address 206 GLEN STREET,STE 56 Home Phone City, State,Zip GLENS FALLS,NY 12801 Work Phone 518-792-9264 Cell Phone E-mail DRYAN@VISIONENG.EMAIL FAX No. Owner's Name SAME AS APPLICANT Mailing Address Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Pagel Area Variance [ZBAapproved: September212016] Site Development Data Area/Type Existing sq.ft. Proposed Total sq.ft. Additions .ft. A. Building footprint 1690 352 2042 B. Detached Garage C. Accessory Structure(s) SHED 100 0 100 D. Paved,gravel or other hard surfaced area 820 0 820 E. Porches/Decks F. Other G. Total Non-Permeable [Add A-F] 2610 352 2962 H. Parcel Area [43,560 sq.ft./acre] 10349 10349 10349 I. Percentage of Impermeable Area of Site [I=G/H] 25.2 3.4 28.6 Setback Requirements Area Required Existing Proposed Front Yard [1] 20 23.0 NO CHANGE Front Yard [2] 20 29.7 NO CHANGE Shoreline Side Yard [1] Side Yard [2] Rear Yard [1] 15 25.5 NO CHANGE Rear Yard [2] 15 27.1 11.1 Travel Corridor Height [maximum] 40 18 NO CHANGE Permeability 35 74.8 71.4 Number of parking spaces 2 2 NO CHANGE Page 2 Area.Variance [ZBAapproved: September212016] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? NO 2. If the parcel has previous approvals,list application number(s): N/A 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? _Yes/X No 4. Estimated project duration: Start Date: NOV 18 End Date: APR 19 5. Estimated total cost of project: 40000 6. Total area of land disturbance for project: 700 SF Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet,yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate/Commercial CM/Cl 0.3 Intensive A. The combined area of all square footage,as measure from exterior walls of all structures on the property,including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included.(See "FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable,the sum total of all floor areas of the principal and accessory buildings or structures on the project site. Parcel Area sq. ft. Existing Floor Area sq. ft. [see above definition] Proposed Additional Floor Area sq. ft. Proposed Total Floor Area sq. ft. Total Allowable Floor Area (Area x____) [see above table] Page 3 Area Variance [ZBAapproved: September212016] Compliance with Zoning Ordinance Requesting relief from SECTION: 179-3-040 Need relief from the requirement(s)listed below which can not be met by the project as proposed. [Check all that apply] D Setback ❑Buffer Zone ❑Lot Width ❑Other The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. I. Whether 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,THE PROJECT PROPOSES A SMALL ADDTTTON SIMILAR TO OTHER ADDTTTONS FOR NEARBY DWELLINGS. THE ZONING ALLOWS ZERO SIDE SETBACKS FOR ALL PROPERTIES IN THIS ZONE,EXCEPT FOR CORNER LOTS SUCH AS THE SUBJECT PROPERTY. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? BECAUSE OF THE EXTSTING HOUSE LOCATION AND CONFIGURATION, AND DUE TO AN EXTSTING SUBSURFACE WASTEWATER TREATMENT SYSTEM IN THE BACK YARD AREA,THE PROPOSED LOCATION FOR THE SMALL ADDITION IS THE ONLY ECONOMICAL/FEASIBLE LOCATION 3. Whether the requested area variance is substantial? THE VARIANCE REQUESTED TMAY BE CONSIDERED MODER ATF.MATHEMATICALLY�HOWEVER WHEN DTMFNSTONAT,T,Y COMPARED TO OTHER NEARBY DWELLTNGS AND THE STDF.SETBACKS FOR F.XTSTTNG NEIGHBORING PROPERTIES THE REQUEST(WITH AN I IFT SETBACK REMAINING)IS NOT SUBSTANTIAL 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? NO. THE PROJECT PROPOSES A SMALL ADDITION SIMILAR TO OTHER ADDITIONS FOR NEARBY DWELLINGS. THE ZONING ALLOWS ZERO SIDE SETBACKS FOR ALL PROPERTIES IN THIS ZONE,EXCEPT FOR CORNER LOTS SUCH AS THE SUBJECT PROPERTY. 5. Whether the alleged difficulty was self-created? THE DTFFTCTTL,TY TS SOMEWHAT SELF-CREATED SINCE THE OWNERS ARE CHOOSING TO CONSTRUCT AN EXPANSION OF THEIR HOME INCLUSIVE OF AN INTERIOR YEAR-ROUND GARDEN/GROWING SPACE, HOWEVER LIMITATIONS CAUSED BY THE SITE, SEPTIC SYSTEM,AND HOUSE CONFIGURATION ARE NOT. Page 4 Area Variance [ZBAapproved: September212016] Section 179-14-030—Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)—a survey showing existing conditions,a proposed conditions map(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General Shown on Sheet# 1 Title,Name,Address of applicant&person responsible for preparation of drawing PLOT PLAN 2 Deed ATTACHED 3 North arrow,Tax Map ID,date prepared and scale [minimum: 1 inch=40 feet] PLOT PLAN 4 Boundaries of the property plotted to scale,zoning boundary PLOT PLAN 5 Principal structures,accessory structures with exterior dimensions PLOT PLAN 6 Site improvements incl. outdoor storage areas,driveways,parking areas,etc.: existing & PLOT PLAN proposed 7 Setbacks for all structures and improvements: existing&proposed PLOT PLAN 8 Elevations and floor plans of all proposed and affected structures ATTACHED B. Water& Sewer Shown on Sheet# 1 Project sewage disposal facilities,design details,construction details,flow rates, and number of EXIST ONSITE bedrooms proposed 2 Water supply [i.e.well] & septic on adjoining lots with separation distances to existing or EX MUNICIPAL proposed on-site water supply and septic 3 Separation distances for proposed sewage disposal system to well and water bodies NA 4 Existing public or private water supply [well,lake,etc.]. Method of securing public or private NA water,location,design and construction of water supply including daily water usage 5 Percolation test location and results NA C. Parking/Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing& NA proposed 2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing PLOT PLAN material [e.g.,gravel,paved] 3 Provision for pedestrian and handicap access and parking: existing&proposed NA 4 Design details of ingress,egress,loading areas and cutting: existing&proposed NA 5 Location and character of green areas [existing and proposed],modification to green area,buffer PLOT PLAN zone to remain undisturbed 6 Li htin , location and design of all existing and proposed outdoor lighting NA D. Additional Site Development and Miscellaneous Shown on Sheet# 1 On-site & adjacent watercourses, streams,rivers,lake and wetlands NA 2 Utility/energy distribution system [gas,electric,solar,telephone]: existing&proposed NA 3 Location,design and construction details of all existing and proposed site improvements NA including: drains,culverts,retaining walls,fences,fire &emergency zones and hydrants,etc. 4 Square footage of bldg. area proposed for office,manufacturing,retail sales or other commercial NA activities: existing&proposed 5 Signage: Location, size,type,design and setback: existing&proposed NA 6 Waiver Request: provide letter with application requesting any waivers: please reference COVER LETTER specific items 7 Commercial/Industrial Development requires submission of Landscaping, Stormwater NA Management,Grading&Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record NA of application for all necessary permits Page 5 CAROL YANG/XIAO JUN LI CAROL YANG/XIAO JUN LI 179-3-040 P 1670 Watrnnly Ilstd m Shl f'urm wllh I Ira C] Vtl1Mtl Jllilua BLVHatlla IN6 LAW BLANK pVaL1 FRO - - x nrCell..lUnv$Id�Ileeordln>t ,:. . - THIS IS A LEGAL 1143TRUMENT AND SHOULD 9E EXECUTID~UNDER SUPERVISION OF AN ATTORNEY. THIS INDENTURE,made the �AN day of" r. 1992- BETWEEN'` Lawrence R. Lh 26rLafayette Street, _ t ER,---�t Hudson Fails, Washington County, New'�York 12839 vJ 4D EXAMlN�4' 1' ,: TI granlo� WATHIR I Cool ll Y ' AND, F; C ftYL.l�I CL ERR ARK Cl Xiao:Jun Li and Xiao.Wei Yang Q Cc + u 21' Nathan Street", 7 FEB Queensbury, Warren County, New York 12804 ^� grantee t'. WITNESSETH, that the grantor, in consideration of one and no/100'DOLLAR ($1. �C:t3rti�� I and other good and valuable consideration 141tP1Alt '1 mill h} 111o..rautre liereh rants slid release- untu the rallIce. the heir- Ur SuecessUrA and fl99i 111 Ili 111E ia11ICe �Ilrever ALL those same premises conveyed=:by.,County-of`-Warrentto;John;Liapes,,by:deed i dated July,.15, =1983, and•:recorded in-the Warren. County Clerk's office on July. 18, 1983, jW,Liber.654 of, Deeds at page 850, described as follows: >;•IAiiCti Air166TAIN. PIECE OR PARCEL OF LAND.:formerly.assessed.to Mrs, -Acenath ,.. omaon;.Est_on the 1977 assessment roll of the Town of. Queensbury located in the ; TownLof,Quteenst�ury,. County of Warren.and State of New.-York -and designated on the Tax Map of said•.fiown as Section 117, Block 5, Lot 2, being more particularly bounded:and f described as follows: All{ that;jtract or parcel of land situate in the Town of=QueeNsbury)'Couinty. of Warren,','and;State of New York and being lot #205 as shown-on a,:map of Sunset Park. Addition made from a survey by Ernest L.H. Meyer, .Surveyor-"dated March.7,,.1916 and t filed in=the Warren County Clerk's.Office in Drawer 1 Folder Land "refereiice,tolsaid map is made for a definite description of said lot. ofrSUBJECT to all easements oririghis-of way, .restrictions; =covenants and conditions record�affecting said premises and.'to such state of facts as an accurate survey would disclose. ', AND ALSO HEREBY GRANTING -AND RELEASING UNTO; THE ,GRANTEE THE HEIRS OR 1 . CE S SUCCESSORS AND ASSIGNS OF''THE GRANTEE FOREVER; ALL OF"THOSE PREMISES: , Being the same premises cenveyed ;by County of 'Warren to.John'Liapes,lby:.deed datedtJuly: 15 1983,tand-reco1 . rded in-the'Warren County. Clerk's Office on July 18, 1983, in Liber 654 of Deeds at page 846, therein described as follows: "ALL'THAT CERTAIN PIECE OR PARCEL OF LAND formerly assessed to Robert Farrar Twiss on .the 1977_assessment roll of the Town. of.Queensbury located in-the Town of Queensbury, County.of,,Warren and State. of New York, and-designated on the Tax.;Map_of said Town as Section 117 Block _5, Lot 3, being more particularly bounded and described as follows: All+that..tract or parcel of:land•situate('in the,Town of :Queensbury, County of , Warren'-and State of New York_ and being lot #206'as .shown on a map of.Sunset Park Addition`made':fromza survey 'by Ernest:L.H. Meyer, Surveyor,dated .March-7, .i916 and map,isimade-forra�de€inite descriptioniof saidrawer lot 1 Folder 1 and reference to said p: p S[1BJECT to easements'or rights,of:way;,-restrictions, covenants and conditions of 'record-'affecting'said Premises,and to such state of facts as an accurate survey would.=,disclose. .' . i t.1 a'`THESEt,TWd_LOT5 ;WERE (COMBINED .ON:.THE, TAX -MAP: OF..THE :TOWN,O_F'.QUEENSBURY TO MAKE ;,.. 'TED_AS SECTION 117,:,BLOCK 5, LOT 2 ONE LARGER-LOT, sameRpremises con�ve ed -b John ;Liaes to La . ,I y Y p wrence R ..-Larson, by deed dated:April 27, 1989, -and 'recorded`in the.Warren'.County Clerk's Office on April 28, 1989, in Liber 751 of:Deeds at-page'184. � i I r Y F.t i -2- _ 1 r r i 1� r 6 i 1 E •TOGETHER with the appuricunuees nrid all the estate and rights of 111c grantor in nail to said premis:K. TO HAVE AND TO HOLD Ilic premises herein grained until the pranler.the heirs or mli:vc5sors and assigns of the granter forever. AND the grantor covennnts as follows: FIRST—The gralslee shall iluielly enjoy the said prenises; i SECOND.---The grantor will forever warrant the title to said premises; "I'his deed is snhjeCt to tlic Irosl provisions of Section 13 of the Lieu Law. The llirrds "grantor" and "grautre"skull he coll. `trued Ili irad in Iliv plural whenever rite sense of this deed so requires. IN WITNESS WHEREOF, the grantor has executed this deed the day and year first above written. In presence of: ...................L.S. i, ..............................».........._.............__..._._................................L.S. i F STATE OF NEW YORK,COUNTY OF On the day of I9 ,betare i me personally came to me known, STATE OF NEW O , COUNTY-OF who,being by me duly swot is,did depose and say ilia deponent re>tidca On the day of bciare at No. me personally came deponent is of € the corporation described in and which t executed, the foregoing Instrument; deponent knows the seal of said car oration; that the seal atllaed to said instrument is such corporate 111 me known la be the I, an dual described atin,and who executed aea�; that it was so aQized by order of the hoard of Directors of said die foregolag instrument, and acknewlcd`ed that he executed !: corporation; deponent aigncd deponent':name lbereto by like order. the samr- RECEIVED : i� FtEf�L �S1'ATF 5 �� CDU y' i FED 1 �" 19'2 41 ftYt rn 11.1 3r 1l 3 N TRANSFER TAX WARREN COUNTY 1. xt O0 V Y 0 W s~ ° ¢ t r io to 0 Q O .t .4 z Q c ' ai o IQ t �o c { z rrn U 0 0" © i = i Q i 3 0 X F O j i 0 �. o i 0 2 ir r ro '� o u \ A f a 3 L i L—