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
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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: