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Staff Notes Packet ZBA Mtg. Wed., April 24, 2019 ZBA M���r�m�� �J�� � o , A��� I1 �� 9 �, � � � Queensbury Zoning Board of Appeals Agenda Meeting: Wadnesdoy. April 24, 201 9 Ragulor Meatin9 Time: 7:00 pm- 1 1 a00 pm Quaensbury Activities Center- 742 Boy Rood Agando subject to chonga and moy be Found at: www.queensbury_net NEW BIISINESg: A lican<a Richard ffi Bvcbaca]once Ac¢v Variauc¢ No ZrAV-l5-2019 Owu¢r a Richard�Bvrbaca Jones 5 RA II A ¢u<a Na Lot Si:c O.OS Acr¢s Location 33 Honty Hollow Road.Bedford Closq Sme 5 Zouiug MDA Ward No. Wacd 4 Tax Id No 308.18-1-11 Sactlon 309-5-070 C Croaa Raf Warren Caun Planntn Na PUEIIc Haarin A 'I 24.2019 gdirondach Park A o Na ProJoet Dascciptiou Appiicvn<propoaes to mviutvu au cciating l i R aectian of 2nce at 6 R.in hdgh[in tl:e Ront Wd of home_Rvii¢£ st¢d Rom mirtimum eMbaolc uican¢nts grad hei raevlctiova for a f nee irtatallW iu Rya£coot acd. A Ilean<• Columbia Deveao ma qrw Variance No ZAV-10-2019 Ownor a TR¢3vrato Hos ital 3E' RA a II A ont a C via Vuillaumc EDP Lo<Sin 1.04 Acrca Location 124 Main 3trec[ Zoning CI-l8 Ward No_ Ward 4 Taz Id N¢ 309.14-1-5 Sa¢tlon 109-3A4D- 109-9-050 Coosa R¢P SP]9-2019:Z-SV-4-2019:AV 11-1990p SP 18- Warrav County Plauoing April 2019 1990-DISC 42018 Public Hcarin A rll 24 2019 Adic¢uda¢k Park A ¢ Pr¢j¢ct Doacrlptlon Applieau[peopos¢s developmrnt of a 1.04-aa'e parcel and 0.106 ROW¢crn by da<rtoliabirag th¢wciatiug castautatat to rory 10�700 aq.R.(FAA)mulioal otRm building and eaeociated alto worK. Tlae neav builtling is 8.800 eq.R footpaiut with Ua¢ main rntrarac¢ovnd parking on Big Boom Road.RelieF requested from minimum aetbacka�and pertneabtlity euluirenamvs. Plarming Board: Site Plan R¢viaw re oiled fbr sew cumm¢rcial co coon. A llcavi a Cobarcabia Devdo m Si n Variance No Z-SV-4-2d19 Owner a 'i'fae Samto a Hoe iml t 3E RA II A an Gavin Vuillaaune EOP Lat Slaa - 1.04 Aces Laca[ior4 124 Main Street ZavlaiE CZ-18 Ward No. Wacd 4 Tax Id No 309.14-1-5 S¢ction Chn ter 140 Crova Raf Z-qV-]0-2019p SP 19-201T AV 11-1990;SP Warron County Planning Apri12019 18-1990�DISC 42018 Public H¢aciu A it 24 2019 Adtrondaak Pack A ¢ Na Pr¢jxt D¢acripBon Applioaux pmposas conatmetion oPa new 19.900 sq.R.mcdiaai of£cc building and m install a DO sq.R.R¢eataiading aigra to be located leas tben 13 R.Som th¢property line.Projevt ivoludca iusmllation of two well signs at 68 aq.R.to ba in}cmally lii RelleF reqursmd Rom maximum alga sire grad minimum eatbaok caquic¢m¢uts Toe the freeatandin6 sign. Also.relieF requested for the two.wall sign. azce ding Hm maximum vlbwable ai size oF30 s R. Arty fbrther business Rant the Chairman dttecmin¢s may be properly brougFa[before[he Zoniarg Board oFAppcale. - Town of Queensbury Zoning Board of Appeals Community development Deportment Sfoff Notes Area Variance No.: 15-2019 Project Applicants Richard 8c Barbara.lfon¢s Prof¢ct Locations 33 Honey Hollow Rosd parcel History: n/a SEQA Type: Type II M¢¢ting Dates April 24,2019 Deacr-i tion oY Proposed Project: Applicant proposes to maintain an existing 11 8_ section of£enc¢at 5 6R_ in height in the{rout yard o£home- Relief requested from m - um setback requirements and height restrictions for a fence installed in the Boat yard- (Appticant nottfz¢d staJJ-the fence was S13 not 6ftJ Relief Required: The applicant requests retie{requested from minvmum setback requirements and height restrictions for a fence installed in the front yazd- 199-5-0-]O-acc¢ssory ...fence "I"lae applicant requests tom iatain an 1 1 8 portion o{fence at£ve feet in height in the {ant yazd -the fence is with the 30 ft tiont yard setback_ Where a 4 ft fence height is the maximum allowed in tfie {rout yard- Criteria For considering as Ares Variance according to Cha ter 269 of Town Law: In making s d¢t¢rminatioa,the board shall conaid¢rc 1. Whether an undesirable Chang¢will be produced in the character of the neighborhood o a detriment to nearby properties will be rested by the gr nHng of this area variance_ The fence section has been in the front yard since 2006- The applicants neighbor has taken issue with the fence height in the £root yazd- The fence may be considered to have minimal impact on the character of the neighborhood area_ 2. Whether the ben¢£at sought by the applicant can b¢achieved by some method,f¢aslbl¢for the applicavt to pursue, other than a area variance_ Feasible alternatives may be considered to lower the fence height or relocate the Fence section to a compliant location. 2. Whether the requested a variance i ubatantiaL The relief request may be considered to be minimal relevant to the code- The relief is requested i tt for the height o{the fence. 4_ Whether the proposed variant¢will have an adverse effect or impact on the physical or environmental conditions is the neighborhood or district_ The requested variant¢may have minimal m no adverse impact of the environmental conditions in the neighborhood- s. Whether the alleged difRculty was self created. The requested variance may be considered to be set{ created- StaTP Commetats- The applicant requests to heap an existing I 1 T} section of Fence at St} in height in the front yard where the Fence has been since 2006. The applicant has indicated the Pence w rspected by Code Compliance ofticer when installed and no changes were required at that time- A neighbor complaint about the fence triggered a site visit by the Zo ng Adn nistrator and Code Compliant OF£cer. Town staff deteanined a e was required t-or the 11 8 section. The plans show the location o£the Fence and a photo of the Fence section. Zoning Bocsrc8 oi= Atapecils Community l7evalopment Department Sto Ft Notes Zoning Board of Appeals—R¢cord of A¢solution ' Town of Queensbury 742 Bay Road Queensbury,NY 12804 �518) 761-8238 tenon.>t[h�ccn� nq• Area Variance Resolution To: Approv¢/Disapprove Applicant Name: Richard ffi.Barbara Jones _ �F��, File Numb¢ro AV 15-2019 =—-- p y���� Location= 33 Honey Hollow Road Tax Map Numb¢r: 308.18-1-11 ZBA M¢¢ting Data Wed., April 24,2019 The Zoning Board o£Appeals o£the Town o£Queensbaary lass received an application from Richazd � Barbara Sores. Applicant proposes to maintain an xisting 11 H. section of Fence at 5 6-R. in height in the Front yard o£ home. Relic£requested 8om minimum setback requirements and height restrictions £or a fence installed in the Front yard. (Applicant not�¢d staffthe fence was S f?not 6f3J Relie£Requiredc The applicant requests relief requested from minimum setback requirements and height restrictions for a Fence installed in the{-ont yard. 179-5-070-accessory .._Fence The applicant requests tom intain an 11 R portion o{Fence at Five feet in height in the ttont yard -the Fence as with the 30 R front yard setback. Where a 4 R Fence height is the maximum allowed in the front yard_ SEQA Type II—no Rax�ther review required; A public hearing was advertised and held on Wednesday, April 24,2019; Upon review o£ the application materials, m£ormation supplied during the public hearing, and upon sideration o£the criteria speci£aed in Section 179-14-080<A) o£the Queensbury Town Code and Chapter 267 o£NYS Town Law and aRer discussion and deliberation,we£nd as Follows: PER THE DRAF"P PROVIDED BY STAFF 1_ There is / is not undesirable change m the character o£ the neighborhood nor a detriment to nearby properties b¢caus¢ 2_ Feasible alternatives arc sad have been c nsidered by the Board, are reasonable and have been eluded tom mice the request OA ar of oossible. o 3_ The requested variant s /is not substantial becaus¢ 4. There is / is not an adverse impact on the physical or envaronmenta] conditions in the neighborhood or district 5_ The alleged di££aculty is/ is not self created becau 6. In addition the Board finds that the beneFit to the applicant from granting the requested v -ance would t h C Il / ld b -ch d by Cdeniall the resulting detriment to t3ve health, safety and welfare of the neighborhood or community; 9. The Board also £nds that tkae variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions= a� b) , cJ Adherence to the items outlined in dae follow-up letter sent with this resolution. BASED ON TIILP. ABOVE F]NDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 15-2019 Richard 8c Barbara Jones,Introduced by who moved{r its adoption, seconded by Duly adopted dais Wednesday, April 24, 2019 by the following vote: AYES: NOES: Town of Queensbury Zo ning Board of Appeals Community �evelopm ent �eporFinant Staff Notes A r¢a Variance No_a 10-2019 Project Applicaut: Columbia D¢v¢lopmcat Project Location: 124 Main Street Parcel History: SP 19-2019; ASV-4-2019; AV 1T-1990; SP 18-1990; DISC 4-2018 SEAR Typ¢: Type II M¢¢ting Datc: April 24, 2019 DascripHoa o£Pro os¢d Proj¢cts Applicant proposes development o{a 1.04-acre parcel and 0.106 ROW area by demolishing the existing restaurant to construct atwo-story 17,700 sq. R. <F'ARj medical office building and associated sire work. The new building is 8,500 sq. R. Footprint with the main entrance and parking on Big Boom Road- Retie{requested £ram minimum setbacks and periraeability requirements- Planning Board: Site Plan Aeview required £or new commercial construction. Rclicf R¢quir¢d: The applicant requests relief requested £ram minimum setbacks and permeability requirements. Section 179-3-040 dim nsional euauirements The applicant proposes a 8,600 sq R<£ootprint) medical building to be located on a parcel with frontage.o Main St, Big Boom Ad, and the Northway. The building is to be located 2 R from the property line along the northway where 100 R is required- The building is to be located 39 R from Sig Boom Rd where 50 R is required £ram the road centerline. Aelief is also requested £or permeable of 20%where 30% is required. Criteria for conaideriagaa Area Variance accordia to Chapter 269 of Town Law: In malting a determiaaHou,the board shall covaid¢r: 7_ Whether an uad¢airabl¢change will b¢produced in the character of the neighborhood or a detriment to a arby propcHies will be created by the greeting of this area variauc¢_ The proposed v will have minimal impact on the character o£the neighborhood-the building is to be two story where Main Street zon ng that is adjacent[o ibis pmpev-ty is encouraging the construction o£two story buildings on Main Street. 2. Wb¢tb¢r the b¢na£t sought by the applicant c n be achieved by some method, feasible£or tb¢ applicant to purau¢, other than an area variauc¢_ Thera may be Feasible alternatives to minimize the variances ch as a smaller building however, variances may still be regvi red due<o the lot coa£guration and the location of building in the parcel 3_ Wb¢tb¢r the requested a ariance is subataatiaL The retie requested may be c sidered moderate relevant to the code. Relie££rom the Northway is 98 t}and 1 I R from Big Boom Rd- The relief requested for permeable is 10^^/a. 4_ Whether the proposed variance will hav¢ an advera¢ e££ect or impact on the physical or environmental conditions in th¢n¢ighborhood or district. The requested variance may have v al to adv a environmental impact in [he neighborhood. The pr jeci includes a storm water ma age ent systemefor the site, cocmections to utilities for sewer and water. 5_ Whether th¢all¢g¢d di£Ticulty was s¢1£cr¢ated- The requested variance may be considered Belt'created- Sta££comm¢nts• The applicant proposes a 8,600 sq R (Footprint) ,2 story 17,700 sq ft medical building with associated site wov-]c- The building is to have the parking area and patient entrance to the rear of the building o£f of Big Boom 12d- The applicant teas indicated the requ red 56 spaces and proposes 76 spaces -ihe in£orrrvation submitted iadicate the other medical buildings used 6 spaces per 1,000 sq tY. Town code For small oF£vice 1 space per 300 59 spaces and health related is 1 space per 500-36 spaces. The board may consider the permeable v-equest and parking n£ormation during the revvew- The plans show the location of the building on the parcel with the associated site work- Zoning Board of Appeals Community development Deportment Staff Notes Zoning Board of Appals—Accord oY Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 R..,n.rP r L.c .>sben�. Ar¢a Variance Resolution To: Approve /Disapprove 7 Applicant Nam¢. Columbia Development tl" Fil¢Numb¢r: AV 17-2019 �` Location: 124 Main Street Tax Map Number: 309.14-1-5 ZBA Meeting Date: Wad_,April 24, 2019 The Zoning Boaffi o£Appeals o£the Town o£Queensbury has received an application Columbia Development. Applicant proposes development of a 1.04-acre parcel and 0.306 ROW area by demolishing the existing restaurant to construct atwo-story 17,700 sq. R. (FARj medical o£{ce building and as fated site work. The new building is 8,800 sq. R. footprint with the main entrance and parking on Big Boom Road. Relic£requested From minimum setbacks and permeability requirements- Plarming Boards Site Plan Review required £or new commercial construction_ Aelie£Required: The applicant requests relict'requested From minimum setbacks and permeability requirements_ S Y n 179-3-040 dimensional requirements The applicant proposes a 8,600 sq R(£ootprintj medical building to be located on a parcel with {ntage on Main St, Big Boom Rd, and the Northway. The building is to be located 2 R from the property line along the Northway where 100 R is required. The building is to be located 39 R From Big Boom Rd where 50 R is required From the road centerline. Relief is also requested for pen-neable of 20% where 30% is required. SEQR Type II—no Further review required; A public heazing was advertised and held on Wednesday,April 24, 2019; Upon review of the application materials, information supplied during the public hearing, and upon consideration o£the criteria speci£ted in Section 179-14-080(A� o£the Queensbury Town Code and Chapter 267 o£NYS Town Law and aRer discussion and deliberation,we tlnd as Follows= PER TI-IE DRAFT PROVIDED BY STAFF 1. There is / is ngt an undesirable change in the character o£ the neighborhood nor a detriment to nearby properties beaus¢ 2. Feasible alternatives are and have bean considered by the Board, aze r able and have been included to minimize the request OR are not uossible. 3. The requested variance is/ is not substantial because 4. There s / a of an adverse ampact on the physical or environmental conditions m the neighborhood or district? 5. The alleged difficulty is/is not self-created becau 6. In addition the Board fords that the beneFt to the applicant from grantiag the requested variance would outwei¢ka Caoororoall / would be outwei¢hed by (deniall the resulting detriment to ttae health, sa{ty and wel{re of the neighborhood or community; 7. The Boazd also £ands that the vaziance request under consideration is the minimum necessary; 8. The Board also proposes the Following conditions: aj bj , cj Adherence to the items outlined in Sae follow-up letter sent with this resolution. BASED ON THE ABOVE FRVDIIVGS_ I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 19-2019 Columbia Development, Introduced by who moved £or its adoption, seconded by Duly adopted this Wednesday,April 24, 2019 by the Following vote: AYES. NOES: Town of Queensbury Zoning Board of Appeals Community l7evelopm ent Deportment Staff Notes Sign Variance No.c 4-2019 Project Applicant Columbia D¢v¢lopm¢nt Proj¢¢t Location: 124 Main Str¢¢t Parc¢l History. ZrAV-19-2019, SP 19-2019q AV 11-1990q SP 18-1990p DISC 4-201SSEQR Type: TYP¢II M¢¢ting Dat¢: April 24,2019 D¢acriptton of Pro oa¢d Proj¢ct_- Applicant proposes constmction o£a new 19,900 sq. R. medical office building and to install a�O sq. R. Freestanding sign to be located less than 15 R. £ram the property line. Pr jeer includes installation o£two wall signs at 6S sq" R" to be internally lit Relie£requested£ram maximum sign size and minimum setback requirements£or the Freestanding sign" Also, relief requested£or the two wall signs exceeding the maocimum allowable sign size of 30 sq" R" Relief R¢ air¢d: The applic ni requests relief£ram m m sign size and minimum setback requ" menu for Hie ti'e¢standing sign" Alsq relief requested {or the two wall signs exceeding.the maximum allowable sign size o{30 sq" R" Chanter 140-Sians The applicant proposes a Rea standing sign o£"]O sq R where the maximum allowed is 45 sq R" The Rce standing sign is to be located 2R t'rom Main St and Big Boom Rd where a 15 R setback is required. The two wall signs are proposed to be 60 sq R each where the maximum allowed is 30 sq R Crit¢ria for¢oasid¢rtng a Sign Variant¢according to Chapter 260 0£Town Law: In malting a determination, the board shall consid¢r: l. Whether as undesirabl¢ chang¢will b¢ produc¢d in th¢ charact¢r of th¢ n¢ighborhood o a d¢trim¢nt to n¢arby properti¢a will b¢cr¢ated by the gr Wring of this sign rianc¢. There s to mmamal change to [he neighborhood as the signs are to match the scale of the two story building" 2. Wh¢th¢r the ben¢ft sought by the applicant cav be achi¢v¢d by earn¢ m¢thod, f¢aslble for the applic at to pursu¢, other than a sign variant¢. Feasible alternatives may be considered to reduce the size.of each of the signs to be compliant. 3. Wh¢thar th¢ r¢queat¢d sign variant¢ to substantial. Relief requested For the tree standing setback is 13 R for both road setbacks and 25 sq R in excess" The relic{requested £or the wall signs is 30 sq R in excess £or each sign. 4. Whether the proposed variaac¢ win have as adverse effect or impact oa the physical m¢atal coaditfoas the eighborhood or district. The proposed sign variances may have minimal impact on the envmonn-vental conditions opthe neighborhood. 5_ Whether the alleged difficulty was self-created- The difficulty may be considered self-created. Staff comm¢ata- The applicant proposes a free standing sign on a portion o£propevYy that is being r ved £rom the Town.The plans show location o{the sign and the pazcel c nf3guration in that a The wall signs are to be located at the Ma n Street side of the building and the.r r o{the building that has views {rom the worth way- The plans show thevlocation of each o{the sign and the typical wording{reach sign Zoning Boc�rcl of e�.ppecils Community l7evelopmenT Deportment Stoff Notes Zoning Soard o£Appeals—R¢cord o£R¢solution Town of Queensbury 942 Bay Road Queensbury,NV 12804 (5.18)961-8238 Iio..n of f L.a`nx6ur� Sign Variance R¢solutioa Toc Approve/Disapprove � Applicant Nam¢: Columbia Development ��� �.,:%�, File Numb¢r SV 4-2019 "F'�✓�"+" Locations 324 Main Street E� Tax Map Numbers 309.14-1-5 ZBA Meeting Dat¢s Wednesday, April 24,2019 The Zoning Board of Appeals o{the Town of Queensbury has r ived an application from Columbia D¢v¢loa at£or a variance from Chapter 140 o{the Sign Code of The Town of Queensbury. Applicant proposes onstruction of a new 14,900 sq. R. medical o£frce building and to install a 90 sq_ R. freestanding sign to be located less than 15 R. from the property line. Project includes installation of two wall signs at 68 sq. R.to be internally lit Relief requested Rom maximum sign size and minimum setback requirements for the Reestanding sign. Also, elie{requested {r the two wall signs exceeding the maxunum allowable sign size o£30 sq. R_ R¢li¢£R¢quired: The applicant requests relief from m mum sign size and minimum setback requirements {or the freestanding sign. Also, relief requested £or the two wall signs exceeding the maximum allowable sign size oY'30 sq. R. Chaoter 140-Si¢ns The applicant proposes a freestanding sign oT"]O sq R where the maximum allowed is 45 sq R. The freestanding sign is to be located 2R Rom Main St and Big Boom Rd where a I S R setback is required_ The two wall signs are proposed to be 60 sq R each where the maximum allowed is 30 sq R SEQR Type: Unlisted [A¢solution/Action R¢quir¢d for S1rQR] Motion r¢garding Sign Varianc¢No_ 4-2019 Columbia D¢velopm¢at based upon th¢ information and th¢analysis o£th¢above supporting do¢um¢atatioa provid¢d by th¢applicant, this Board finds that this will not r¢sult in any significant adv¢rs¢ environmental impact So we giv it a Negativ¢ D¢claration, Introduced by who mov¢d for its adoption, second¢d by Duly adopted 24"' day of April 2019., by the {llowing vote= AYES: NOES= A public heazing was advertised and held on Wednesday, April 24, 2039� Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria speci£ved is Section 1"]9-14-080<A) of the Queensbury Town Code and Chapter 26'] o£NYS Town Law and a8er discussion and deliberation, we find as follows: L Will an undesirable change be produced in the character o{the neighborhood o will a detrimeat to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the bene£t sought by the applicant be achieved by some method, {casible£or the applicant to pursue, other than an sign variance? INSERT RESPONSE 3_ Is the requested sign variance substantial? INSERT RESPONSE 4. Will the propo ed siga variance have an adverse impact on the physical or envaroxuraental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty sel{_created? INSERT RESPONSE 6. Ira addition the Board £ands that the benefit to the applicant Prom granting the requested variance ould outweich/would be outweiehed by the resulting detriment to the health, safety and welfare of the neighborhood or community; "1. The Board also finds that the variance request under consideration is the minimum necessary; Based on the above £endings I make a MOTION TO APPROVE/DENY Sfgu Variance No. 4-2019 Columbia Development, Introduced by ,who moved £or its adoption, seconded by As per the resolution prepared by sta{{with the following: A_ insert conditions/comments>: B_ The v ante approval is valid£or one�1)year from the date of approval; you may request an extensa"eon o{approval before the one �1) year time£came expires; C_ I£the property is located within the Adirondack Park, rise approved variance is subject to r w by the Adirondack Park Agency <A PA). The applicant is cautioned against taking anyactioncuntil tkve APA's review is completed; D. Final approved plans is compliance with an approved variance must be submitted to the Community Developm nt Department be{re any further revvew by the Zoning Administrator or Building� codes persotmel'e E. Subsequent issuance of further permits, including sign permits are dependent on receipt o{these feel plans; F. Upon approval of tkve application; re wand approval of Fvnal plans by the Community Development Deparnttent the applicant can apply {or sign perrttit unless the proposed pr ject requires review, approval, or perrrait from the Town Plarming Board and/or the Adtrondack Park Agency, Lake George Park Commission or other State agency or department. Duly adopted this 24`^ of April 2019,by tho following vote. AYES: NOES: