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Staff Notes Packet ZBA Mtg. Wed., February 20, 2019 Wednesday, February 20, 2019 Queensbury Zoning Board of Appeals Agenda Meeting: Wednesday, February 20, 2019 Time: 7:00- 11 :00 peen Queensbvey Activities Center— 742 Bay Rand Agenda subject to change and maybe found at: www.queensbury.net Apprtsval of meeting minutes: January 16,2019 Administrative items: Denial without prejudice Area Variance Z-A -28-2017 Seaton Property Holdings,LLC(A-I Tree Works) 308 and 3I0 Corinth Road Further Tabling Notice of Appeal INOA 1-2018 Charles C. l;reihofer, 1I1 (Agent: John W. Caff y) for Property at 3300 State route 9L NEW BUS(NESS: A lienn s DKCHoldin Ine- Area Variance No Z-AV-4-2019 Owns s D C Holdin.gr Inc. SL RA Type I1 Agent(s) VanDusen&Sieves Lot Sane 0,11 Acres Location. 50 Central A►wnue Zoning HR Ward No. Ward 4 Tax Id No 309.9-1-58 Section 179-3-040 Crass Ref nla Warren County Plan"[ nla Public Hearin Cebru 20 2019 Adirondack Park A enc nJa Project Uescripfta Applicant proposes to place an$40 sq. ft.single-wick"mmufact ured"home on a 4,500 sq, ft.parcel beat does not meet the north-rear property l inc setback requirement and tlx cast side setback requirement where the entryway slaps will be Constructed- The projea includes relocating the existing 144 sq.ft. drivvvay to the west of the current driveway which will later be removed- In addition,a new septic system will be instal led on the pared. Relief requested from rniniinum setback requirements for tive N R zoning district. Applicant(s) Stcwart's ShoM Oorp.f Chris Potter Area Variance No Z-AV-5-2019 Owners Stcwaat's Shorn Corp. SE RA Tv a U Agent(s) nfa La#Size LN Acres Location 347 Aviation Road Zoning NC nrd No- Ward 3 Tax Id No 301.8-1-33 Section 179-3-040 Cross Ref SP 7-2019;9V 1-2019;AV 92-1993.SP 7-2-93, Warren County Planning n1a SP 17-93,SP 20-94,SP 24-99,SP 5-2006,SP 72,2010,several Rermits&signs Public Fileariing February 20.2019 Adirondack Park Agency nfa Project Description Applicant proporcs demolition of the existing 4,935 sq, It.building and construction of a new 3,855 sq-ft-convenience store(Stewart's Shop). Project includes removal of existing fuel canopy and installation of a new 6,160 sq. ft, fuel canopy. Reticf requested from minimum setback and permeability requiromcnts for the WC zoning district. Planning Board; Site Plan Rcvicw required for the new building and for the associated sitC f mprovernents. A lican# s Stowart's Shops Co ./Chris Potter Sip,"variHncc No Z V-1-2019 Owners Stewart's Shops Corix SF, RAT pe Unlisted A ent(s) Ida Lot Size L04 Acres Location 347 Aviation Road Toning NC Ward No. Ward 3 Tax Id No 301-9-1-33 Section Chapter 140 Cross Ref SP 7-2019;Z-AV-5-2019;AV 92-1993,SP 22- Warren County Planning n'a 93,SP 17-91 SP 20-94.SP 24-99, 5P 5-2006, SP 72-2010,,several permits&signs Public Hearin February 20,2019 Adironcinck Park Agency n/s Project Description Applicant proposes installation of 2 walls and a freestanding sign on the proposed re-developed tewart's site. Rclicf requested for additional wall sign where only one is allowed and from min imum setback rquj rements for the treestand ing si . Page i of 2 unsbury Zoning Board of Appeals Agenda Meeting: Wednesday, February 20, 2019 Time: 7:0D- 1 ]:DO prn Queens"Activities Center- 742 Bay load Agenda subject to change and may be found at: -gveensbui-y.net Applicant(s) Rolf Ahlers Area Variance No AV-6-2019 Owners Rolf Ahlers SE RA Type 11 Agent(s) Dennis MacElroy Lot Size 0.32 Location 105 Knox Road Zoning WR NVard Nm Ward 1 Tax Id No 239.7-1-18 Section 179-3-040 — Cross.Ref AV 73-2008;BP 2003-375,AV 64-2002.SP 58- Warren County Planning February 2019 96:SP 48-%:AV 81-1996,AV 60-1996 Public HEa-ring February 20.2-0151 1 Adirondack Park Agency ALD Project Description App]icat completed pausing alterations and addidom as part of 2002 Area Variance and Sile Plan Review where the bawnmt area improvernenls were not included- Applicant proposes to maintain a floor area of 33 percent for the basement area tkM was nol part of the 2002 Area Vwiancc(AV 64-2002). The 2002 Area Variance granted side and shoreline setback relief An inspection of the home by Town Staff and review of Town files indicaEcs Floor Area(FAR)for the basement area was not included during dic 2002 review, Zoning Admin istm or review indieatcs project to maintai n floor area which requires relief from FAR rcquircments- Rol ief requested from the Floor Arca Ratio FAR uircmcnts to maintain Ilse baswmt of the horns as livIng space- Any fu rthcr business that the Chairman determines may be properly brought before the Zooi ng Board of Appeals- Updated Version]an. 30,2019 Fina[Version MA Agenda= ]art, 25,2019 Page.2 of 2 St1e �-[ L.�W-g '07 e no wa ZO From; Laura Moore Sent: Monday, February 04, 2019 2:38 PMOi4A&4 To: Sue Hemingway Subject: F ' Seaton - Z8A Area Variance Fof iil,_ From:Jon C. Lapper<Icl a)bpsrlaw C0rn> Sent:Wednesday,January 30, 2019 3.12 PM To: Laura Moore IrrranreRgLfe tqLburv. liet> Cc:martin Seaton <5catanniartin(cDho(ma1l,corn> Subject:Seaton- Z8A Area Variance Hi Laura,on behalf of the applicant,the pending ZBA application is hereby withdrawn because the Town Board is review!ng a zoning amendment which will address the i55ue.Thanks. Jon Lapper, Eq. Bartlett, Pontiff,Stewart& Rhodes P.G. One Washington Street PO Box 2168 Glens Falls New York 12801 Phone:518-832-6434 Fax: 518,$74-1034 Mobile:518-744-642 Please know that our firm will never ask that you transfer money by wire or check without verbal confirmation. If you rer-eive an a-ma 11 frorn any third party or from our office requesting money be transferred, please report it tome immediately. Our office will only transfer money with verbal confirmation. iT _._.___i • __..__ f This Electronic Mall trammission and any accompanying documents Coma in information belonging to the sender which are confidential and legally privl[eged.This information is intended only For the use a the Gndividual or entity to whom this transmission was sent as indicated above. if you are not the intended recipient, any d[sclesure, copying, distribution.or action taken in reliance on the contents of the inforrna#lon ccntained in this transmission 15 strictly prohibited. If you have received this transmission in error, please reply to the seceder at(518) 797-2117 or icl,p bi3sr[aw.com and delete this message and all attachments from your electronic storage files. Town of Queensbury Zoning Board of Appeals omr-nunliy Development Department Staff Notes Area Variancc No.: 4-2019 Project Applicant: DKty Holding, Inc. Project Location: 50 Central Avenue Parcel History: W:t SL{ R Type: Type Il Meeting Date: Fehr uary 20, 2019 Description of Proposed Pro3eet: Applicant proposes to place an 840 sq. ft. single-wide "manufactured" home on a 4,500 sq. ft. parcel that does not meet the north-rear property line setback requirement and the east side setback requirement where the entryway steps will be constructed. The project includes relocating the existing 144 sq. ft. driveway to the west of the current driveway which will later be removed. In addition, a new septic system will be installed on the parcel. Relief requested from minimum setback requirerents for the NR Zoning district. Relief Required: The applicant requests relief from nunimum setback requirements for the NR zoning district. Section 179-3-040 establishment of districts dimensional Muirements Tke applicant proposes to place an 840 sq ft single wide home where the side setback is 7 ft where a 10 ft setback is required and to the rear the home would be 10 ft wherp a 15 ft setback is required. Criteria for considering an Area Variance according to Chapter 27 of Town Law: [n 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 4y the granting of this area variance. The project may be considered to have little 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 limited due to the lot size and location of the proposed septic. Whether the requested area variance is subs tan tia1. The relief may be considered minimal relevant to the code 4. Whether the proposed variance will have an adverse effect er impact on the physica10 r environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal impact on the environmental conditions of the site or area_ 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. staff CO111rner,ts: The applicant proposes placement of an 340 sq ft mobile borne on an existing 4,500 sq ft parcel. The plans note the placement of the home. The driveway area on the plans indicate that it is to be relocated and the existing area is to be converted to lawn. The applicant has inJ tided photos of the mobile home to be placed on the parcel. Zoning Board of Appeals ommunfiy Development Department Staff Notes _ Zoning Board of Appeals— Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 1 804 (518) 7 1-823 Town 0 (Loc(TIN UT4' Area Variance Resolution To: Approve!Disapprove r _ Applicant Name: DKC Holding, Inc. File Number: -A -4-2019 Location: 54 Central Avenue Tax Map Number: 309.9-1-58 BA Meeting Date: Wednesday, February 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from DK Holding, Inc. Applicant proposes to place an 840 sq. t. single-wide "manufactured"home on a 4,500 sq. ft. parcel that does not meet the north-rear property line setback requirement and the east side setback requirement where the entryway steps will be constructed. The project includes relocating the existing I44 sq. ft. driveway to the west of the current driveway which will later be removed. In addition, a new septic system will be installed on the parcel. Relief requested from minimum setback requirements for the NR zoning district. Relief l cgAired: The applicant requests relief from minimum setback requirements for the NR zoning district. Section 179-3-040 establishment of districts dimensional requirements The applicant proposes to place an 840 sq ft single wide home where the side setback is 7 ft where a 10 ft setback is required and to the rear the home would be 10 ft where a 15 ft setback is required. SEAR Type Ii — no futlher review required; A public hearing was advertised and held on Wednesday, February 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 IVY$ Town Law and after discussion and deliberation, we rind 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 becaust 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 /is not substantial because 4. There is 1 is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5, The alleged difficuity is /is.not self-created because 6. In addition the Board finds that the bvrnefit to the applicant from granting the requested variance would outweigh(approva)) / would be outweighcd b dt-nial 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 followng conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE F1N DIN G , I MAKE A MOTION TO APPROVE 1 DENY AREA VAR-LAN Z-AV-4-2019 Dl C Holding Inc., Introduced by , who moved for its adoption, seconded b — Duly adopted this 2 Oth day of February 2014 by the following vote: AYES, DOES: Town of Queensbury Zoning Board of Appeals ommunHy Development Department Staff dotes Area Variance No.- 5-2019 Project Applicant: Stewart's Sbops Corporation Project Location: 347 Aviation Road Parcel History: SP 7-2019; SV 1-2019; AV 92-1 9 , SP 2-93, SP 17-93, SP 20- 4, SP 24-99, SP 5-2006, SP 72-2010; several permits & signs SEAR Type: Type 11 Meeting Date: February 24, 2019 Description of Proposed Project: Applicant proposes demolition of the existing 4,935 sq, ft. building and construction o f a new 3,855 sq. ft, convenience store (Stewart 7 s Shop). Project includes Kremoval of existing fuel canopy and installation of a new 2000 sq. ft. fuel canopy Relief requested from mfnimurn setback and permeability requirements for the NC zoning district. Planning Board: Site Plan Review required for the new building and for the associated site improvements. Relief Required• The applicant requests relief from minimum setback and permeabi1ity requircments for the N C zoning district. Section 179-3-040 establishment of districts dimensional req uirements The applicant proposes a new commercial building to be used as a convenience store at 3,8 5 5 sq ft where the building is to be located 5 ft from the side property lime where a 20 ft setback is required. The project also includes construction of a new 2000 sq ft fuel canopy. The canopy is to be located 48 ft from the front property line where a 50 ft setback is required. The new project also requires a perineability variance where 27% is proposed and 30% is required. 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 ire 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_ . 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 limited for setbacks for the building and fuel canopy due to the size of the parceL The permeability may be reviewed to be compIiant as the site is to have 30 parking spaces and only requires 25 spaces. . Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. 4. Whether the proposed variance will have an adverse effect or impact on thk- physical or environmental conditions in the neighborhood or district. The project will have minimal to no adverse effects or impact on the physical or environmental conditions of the neighborhood. 5. Whether the aIleged difficulty was self created_ The diMculty may be considered selfcreated. Staff comments: The applicant proposes to remove an existing cornmerela] building that was used for a convenience store and other businesses to replace the building. The newer building is to he 3,855 sq ft with a fuel canopy of 2,000 sq ft_ The building is to be orientated perpendicular to the site with two separate entrances. The plans show the building and site work. Zoning Board of Appeals Community De elopmeni Department Staff Motes Zoning Board of Appeals— Record of Resolutioin Town of Q ueensbury 742 Say Road Queensbury, NY 12804 (518) 761-8 239 TTuwn of lyinisbonr Area Variance Resolution To: Approve 1 Disapprove Applicant Name: Stewart's Shop Corp. f Chris Potter File Number: Z-A - -2019 _ Location: 347 Aviation Road -' Tax Map dumber: 301.8-1-33 BA Meeting Date: Wednesday, February 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from tewart's Shop Corp. !Chris Potter. Applicant proposes demolition of the existing 4,935 sq. ft. building and construction of new 3,855 sq. ft. convenience store (Ste art's Shop). Project includes removal of existing fuel canopy and installation of a new 2000 sq, ft. fuel canopy, Re lief requested from minimum setback and permeability requirements for the NC zoning district. Planning Board: Site Plan Review required for the new building and for the associated site improvements. Relief Required• The applicant requests relief from minimum setback and permeability requirements for the NC zoning district. Section 179-3-M establishment of districts dimensional requirements The applicant proposes a new commercial building to be used as a convenience store at 3,855 sq ft where the building is to be located 5 ft from the side property line where a 20 ft setback is required. The project also includes construction of new 2000 sq ft fuel canopy. The canopy is to be located 48 ft from the front property line where a 50 ft setback is required. The new project also requires a permeability variance where 27% is proposed and 30% is required. SF-QR Type II — no further reviewrequired; A. public hearing was advertised and held on Wiednesday, February 20, 20191 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 ofS 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 . Feasible alternatives are and have been considered by the Board, are reasonable and have bcetY included to minimize the request DR axe not possible. 3. The requested variance is 1 is not substantial because 4. There is / is not an adverse impact on the physical or envirorunental 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 fi-om granting the requested variance would outweigh (gMroval) / 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 FINI)I GS, I MAKE A MOTION TO APPROVE/DENY AREA VARIANCE Z-AV-5-2.01 tewart's Shops Corp. /Chtis Potter, Introduced by . , who moved for its adoption, seconded by Duly adopted this 20th day of February 2019 by the following vow, AYES: FIDES: Town of Qveensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 1-2019 Project Applicant: Stewart's Shops Corporation Project Lomtian: 347 Aviation Road Parcel History: SP 7-2019; -A.V-5-2019; AV 92-1993,Sp 22-93,SP 17-93,SP 20-94,SP 24-99, SP 5-2006, P 72-2010; several permits & signs FR Tvpe: Unlisted !Meeting Date: FebruarT 20,2019 Description of Proposed Project: Applicant proposes installation oft walls and a freestanding sign on the proposed re-developedStewart's site. Relief requested for additional wall sign where only one is allowed and from minimum setback requirements for the freestanding sign. Relief Required The applicant requests relied'for an additional wall sign where only one is allowed and from minimum setback requirements for the freestanding sign. Section 140-6 Signs for which permits are required The applicant proposes two wall signs both to be 30 sq ft, with the wording to be tewwt's Shops. Also,to be installed is a 42.5 sq ft free standing sign that is to have the same wording but will also have fuel price space for gas and diesel that is to be located 5 ft from the side property line where a 15 ft setback is required. Criteria for-considering a Sign Variance according to Chapter 267 of Town Law: In making a determination, the hoard shall consider; I. Whether an undesirable change will he produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance. Minor impacts to the neighborhood may be anticipated as signs along the corridor are required to be compliant. . Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to adjust the number of signs, . Whether the requested sign variance is substantial. The relief requested may be considered minimal to moderato to relevant to the code. The relief requested for the number of wall signs is 2 and only 1 is allowed; then the free standing sign location relief is for 10 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 as proposed may have minimal impact on the environmental conditions of the district. 5. Whether the alleged difficulty was scif-created. The difficulty may be considered self=created. Staff cornments The applicant proposes signage with the new proposed construction of a convenience store. The orientation of the building is perpendicular with the road and the applicant has requested two signs one facing south and one facing east to coincide with the two entrance points of the building. The free standing sign location is also noted on the plans where the drive entrances have been increased from 20 ft to 34 ft. where the previous free standing sign was located in the new proposed drive aisle area. The plans show the location of the wall signs and the free standing sign. Zoning Board of Appeals Community Development Department Staff dotes Qt Zoning Board ofAppeuls—Recard of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 7 1-8238 Town oFQgums «ry Sign Variance Resolution To: Approve 1 Disapprove Applicant Name- Stewart's Shops Corp. /Chris Patter �_ x File Number: Z-SV-1-2019 _ ' AI, Location; 347 Aviation Road Tax Map Number. 301. -1-33 BA Meeting Date: Wednesday, February 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Stewart's hoFrs Corp. /Chris Potter for a variance from Chapter 140 of the Sign Code of The Town of Queensbury. Applicant proposes installation of 2 walls and a freestanding sign on the proposed re- developed Stewart's site. Relief requested for additional wall sign where only one is allowed and from minimum setback requirements for the frteestanding sign. Relief Required: The applicant requests relief for an additional wall sign where only one is allowed and from minimum setback requirements for the freestanding sign. Section 140-6 Signs for which permits are required The applicant proposes two wall signs both to be 30 sq ft, with the wording to be Stewart's Shops. Also, to be installed is a 42.5 sq ft free standing sigh that is to have the same wording but will also have fuel price space for gas and diesel that is to be located 5 ft from the side property line where a 15 ft setback is required. SEQR Type: Unlisted [ Resolution !Action Required for SE RI Motion regarding Sign Variance Z-SV-1-2019 Stewart's Shops Corp. f Chris Potter based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by who mowed for its adoption,seconded by Duly adopted this 20'" day of February 2019, by the following vote: AYES: NOES A public hearing was advertised and held on Wednesday, February 20,2019; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section. 179-14-090(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: 1, Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, outer than an sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4, Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSF.,RT RESPONSE . In addition the Board finds that the benefit to the applicant from granting the requested variance would outwei i 1 would be outweigbgd by 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; Bascd on the above findings I make a MOTION TO APPROVE ! DEN Y Sign Varia nee - -1-2019 Stewart's Shops Corp. f Chris Potter, Introduced by , who fnaved for its adoption, seconded by s per the resolution prepared by staff with the follo'kving: A. <insert conditions 1 comments>: B. The variance approval is valid for one (1) year from the elate of approval; you may request an extension of approval before the one (1) year time frame expires; C. If the property is located within the Adimndack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; D_ Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any farther review by the Zoning Administrator or Building Sc codes personnel' E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; F. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other Mate agency or department. Duly adopted this 20"' day of FebruaiT 2019, by the following vote: AYES: DE : Town of { ueensbury Zoning Board of Appeals Community Development Deportment Staff Notes Area Variance No.: 6- 019 Project Applicant: Rolf Ahlers Project Location: 105 Knox Read Parcel History: AV 73-2009; BP 2003-375; AV 64-2002; SP 58-96; S P 48-96; AV 81.-1996; AV 0-1996 SFR Type: Type 11 Meeting Date: February-20, 2019 Description of proposed Project: .AppIica4ut eornpleted housing alterations and additions as part of a 2002 Area Variance and Site Plan Review where the basement area ira,provements were, not included. Applicant proposes to maintain a floor area of 33 }percent for the basement area that was not part of the 2002 Area Variance, (A 4- .002). The 2002 Area Variance granted side and shoreline setback relief. An inspection of the home by Town Staff and review of Town files indicates Floor Area (FAR) for the basement area was not included during the 2002 review. Zoning Administrator review indicates project to maintain moor area which requires relief from FAR requirements. Relief requested itom the Floor Area Ratio (FAR) requirements to maintain the basement of the home as living space. Relief Required: The applicant requests relief from the Floor Area Ratio (FAR) requirements to maintain the basement of the home as living space. Section 179-3-040 establishment of districts dimensional requirements The applicant has an existing 34% floor area where a 22% is required. The applicant requests to maintain the Door area that is part of the basement area of the home and was completed as part of AV 64-2002 but not part of the staff review at that time, The Zoning Administrator leas required the applicant to seek relief for the floor area, [Criteria for considering an Area Variance according to Chapter 267 of Town Lf►w: 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 caret be achieved by Borne method, feasible for the applicant to pursue, other than an area vnrianee. feasible alternatives may be limited as the renovated basement has existed since 200 3. Whether the requested area variance is substantial. The relief requested is substantial relevant to the code. Relief requested is 12110 in excess. 4. Whether the proposed variance will have an adverse effect or impact oft 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments The applicant requests to maintain an existing floor area of 3411 c, where °o is the maximum allowed. Upon review of the files submitted during 2002 for planning, zoning and building the hasenzent area floor plan was not part of the planning and zoning file. However,the building department had received floor plans for living space areas where the basement bad included the pool and a mechanical room. Staffupon a more current review of the site found the site was not considered compliant as no relief was granted for the floor area. The plans submitted show the areas of living space highlighted for each floor. Zoning Board of Appeals Community Development Department staff Dotes 14 Zoning Board of Appeals— Record of Resolution Town of Queensbury 742 Bay Road Queensbury.NY 12804 (51 ) 7 1-8238 "�L14Yf 1 d Qgwnsbury Area Variance Resolution To; Approve 1 Disapprove Applicant Name: Rolf Ahlers File Number- Z-Alf-6- 01 Location; 105 Knox Road P Tape 14'.I,� plumber: 239.7-1-1$ ZRA. Meeting Date: 'Wednesday, February 20, 2019 The Zoning Board of Appeals of the 'down of Queensbury has received an application from Rolf Ablem. Applicant completed housing alterations and additions as part of 2002 Area [variance and Site Flan Review where the basement area improvements were not included. Applicant proposes to maintain a floor area of 33 percent for the basement area timmt was not part of the 2002 Area Variance (AV 64-2002). The 2002 Area Variance granted side and shoreline setback relief. An inspection of the home by Town Staff and review of Town files indicates Floor Area (FAIL)for the basement area was not included during the 2002 review. Zoning Administrator review indicates project to maintain floor area which requires relief from FAR requirements. Relief requested from the Floor Area Ratio (FAR) requirements to maintain the basement of the home as lining space. Relief.Required: The applicant requests relief from the Floor Area Ratio (FAR) requirements to maintain the basement of the home as living space. Section 1 79-3-040 establishment of districts dimensional re uirements The applicant has an existing 341/o boor area where a 22% is required. The applicant requests to maintain the floor area that is part of the basement area of the home and was completed as part of AV 64.2002 but not part of the staff review at that time. The Zoning Administrator has required the applicant to seek relief for the floor area. $E R Type I I—no further review required, A public hearing was advertised and held on Wednesday, February 20, 019; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-0 0(A) of the Queensbury Town Code and Chapter 267 ofNYS 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 . 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!is is not substantial because 4. There is f is not an adverse impact on the physical or environmental conditions in the neighborhood or district? S_ The alleged difficulty is/ is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh( 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 consideTation is the roinimurn 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 TBE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE Z-AV-6-2019 Rolf Ahler& Introduced by , who moved for its adoption, seconded by Duly adopted this 20'h day of February 2019 by the following vote: ACES: NOES: