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Staff Notes Packet ZBA Mtg. Wed., May 22, 2019 �t��ff 1���� � Queensbury Zoning Board of Appeals Agenda Meeting: YJednesdoY• MOY 22, 2019 Time: 7:00 Pm- i 1:00 Pm Queensbury Activities Center— 742 boy Rood Agenda subject to change and may be Found ato www.queensbury.net OLD BUSINESS- A ¢IIanY Charles C.Fr¢ihof lII Notice oFA ¢at No NOA 1-2018 Owa¢r<s) Dark Bay Properti<s.LLC.Sr Lawrence A. SEQRA Typ¢ ll Davis A ¢vt s John W.C Ca 8c Flower Lot Size 1.5 Acres ffi 0.23 Acres Lo<ativu 3300 State Rout¢9L 7 ning WR Ward No- Ward 1 Tax id No 23918-]-2'].l Be 2']2 S¢cttou t✓a Cross R¢f SP 60-2010 Warrev Couvty Na Plaa Pubitc H¢arivg April 30,2019q Public Hearing Closed AdiroadacK ParK Na A Pr ject Des¢ripttov: Appellant is appealing the Zoning Administrator's lette of July 26,2018 c mpliance letter for SP 60-2019 Gre o Ter¢si. SP 6']-201 O Site Plana val was anted b th<Plannin Board for tit<construction of a sin le-£anvil home. A ¢Ilaat: Charles G Fr<iho£r IIl NOHc<of A eat No NOA 1-2019 Owv¢r(sJ DarK Bay Properties, LLC ffi Lawr¢nc¢A. SEQRA Typ¢ II Davis A ¢nt a Sohn W.Ca Ca 8c Flowtt Lot Siz LS Acres 8c 0.23 Acres Locatioa 3300 SYat<Routa 9L Zoatvg WR Ward No. WaM 1 Tax Id No 2 3 91 8-1-2 91 �29.2 S¢ctiov Na Cross R<f SP 60-201� Warrev Couaty Na Plavv'n Public Hearing April t'].2019q Public Hearing Closed AdlroadacK ParK Na A Project D¢scriptiove Appellant i appealing th<Zo mg Adminis[rato�a d<ciaion o£Sanuary 4,2019 which has be n datarmmed [hat th<two tax map lots owned by Lawr <A. Da and Dark Bay Properti<s,LLC are legally pre isxing s<parata on£orming lots. The Appeal is relation ro SP 69-2019p Site Plan approval was granted by[he Planning Board For dta vatruction oFa s le-famil ho NEW BUSINESS- A Iicanf a G Hillert Ar¢a Variaoc¢ No AV 9-2019 Owv¢r s Ga Hiller[Aevocabl<Tms< SE AA II A evt s VanDus<n 8c Stcves Lot Size 0.69 Acres Location 366 Glen LaKe Aoad Zoatvg WR Ward No. Ward 1 Tax Id No 289.10-I-53 5¢ctiov 179-3-040 Cross R¢£ SP 31-2019 Warr¢a Couo[y Na Plaavla Public H¢arlug May 22,2019 AdiroadacK ParK Na A Proj¢c[D¢scriptioa Applicant requests[o m -n[ain a deck additio xt to[ha shorelin with a portion o er[he shore. Pr ject also dudes mtainittg a 60 R.aection oFF n e to the sfioreline on the w<st side o£the ho Reli<F rcqucstcd 80 ' shorelin setback nts for the d<cK. Relief is also eared£or[ha£cn a chat has been c ns[ructed v shore a Page 1 0£2 Queensbury Zoning Board of Appec�ls Agenda Meeting: Wednesday, Moy 22, 2019 Time: TOO pm- 1 1:00 pm Qtlea nsbury Activities Center—742 Boy Rood Agenda subject to cF]onga ontl may be found qt: www.quaa nsb�ry.net A Iicaut s Reece Rudol h Ar¢a Variance No AV 20-2019 Owu¢r z R¢¢ca Rudoi b SE AA T II A ¢nt s David Hutchin Lot Slz¢ 0.2] A[:r®s Locatiov 24 Nacy Road Zovivg WR Ward No. Ward 1 Tax Id No 289.6-1-34 Scetion 309-3-040 Cross R¢f SP 29-2019 Warr¢u County n/a Plavviv Public Haring May 22.2019 AdirondscK ParK n/a A Proj¢c[Ducriptto Applicant propo s to r is[ing%story r of a of 392 sq. R.and Yo c Walcott a O15 sq.R. s¢cond- sto addition to the¢x]stin ho Aeli¢f r s«a rx.-om Flo r Area Ratio and ¢abili n[s. Any Fur[h¢r busn¢ss that the Chairman determines may be properly brought before the Zoning Board oFApp¢als. Final Agenda Version: 430.2019 CB/LM/sh Page 2 oF2 Town of Queensbury Zoning Board of Appeals Community development Deportment Sioff Notes Area Variance No.: 9-2019 Project Applicant. Gary Hill¢rt Project Location: 366 GI¢n Lak¢Road Parc¢I History: SP 31-2019 SEQR Typ¢: Typ¢II Meeting Dat¢: May 22,2019 D¢scription-of Propos¢d Project: Applicant requests tom retain a deck addition n xt to the shoreline with a portion over the shore. Project also includes maintaining a 60 R. section o££ence to the shoreline on the west side o{the home. Relic£requested from minimum shoreline setback requirements for the deck_ Relic£is also requested£or the£ante that has been constructed near shore area. 12¢li¢Y.R¢gvir¢d-. The applicant requests to maintain an existing Fence sections and a shoreline deck. Section 179-5-020 Fence The applicant proposes to maintain a 60 R 6 R in height stockade Fence section that connects From the house to the shoreline. Also, a second section of 1 O R is at 6 R in height stockade located on the east prope-ty line within 50 R o£the shoreline. Fences era to be at a 50 R setback From the shorelinq No privacy-type Fence, shall encroach into the {rout yard setback requ rement or shoreline setback requ remen[. Section I']9-3-040 Dimensional reouirements The applicant also requests to maintain the shoreline deck Rom the existing home where the deck is over the shoreline where a 50 R setback is required_ Criteria fort siderivg av Ar¢a Varian¢¢ ordi4 'to Cha ter 260 o£TownLaw: In malting a daterminatiov, the board shall consider 7, Wh¢ther a nd¢sirabl¢ Chang¢will be Produc¢d in tb¢ character of the neighborhood o a d¢trim¢nt ton rby properties will be cr¢a[ed by the gr Wring of this area variant¢. Minor to no impacts to xhe neighborhood may be anticipated. 2. Whetb¢r th¢ b¢a¢Ht sought by th¢ applicant can be achi¢v¢d by som¢ m¢thod, f¢asibl¢for th¢ applicant to Pursu¢, oth¢r than an area var�anc¢. Feasible alternatives may be available to install a new Fence and remove the deck, 3, Wh¢th¢r the requested area variant¢ is subatantiaL The relic£may ba c sidered substantial relevant to the code. The relie££or the {ante section is 50 R,type o£Fence and height o{Fence, The relic{£or the shoreline deck is 50 R. a_ wheth¢r me propoaca .� wiu have a aav¢rae cffcet or:mpa¢t on the phya:eal or ¢nyironm¢nfai conditions in the nigh bo rhood or dis[ricf_ The project as proposed will have minimal vmpact to the neighborhood. 5. Wh¢th¢r th¢ all¢g¢d dif£culty was s¢lf cr¢at¢d. The di{{culty may be considered self creatod_ Stair`nomm¢nts: The applicant requests tom intain a shoreline Fence that does not meet the.setback, type or height o£Fence. The applicant also requests tom retain an existing 24'] sq R t/- shoreline deck that does not meet the shor¢lin¢ setbacks. The survey shows the location o£the Fence and the deck. Zoning Board of Appeals Community (7eveloPment De Portmant Staff Notes Zoning Board of Appals—Record o{Resolution Town o£Queensbury 942 Bay Road Queensbury,NY 12804 (518� 761-8238 Town oPQy�ernsbury Ar¢a Variance Resolution To: App;eve/Disapprove Applicant Nam¢: Gary Hillert Fiie Number: AV 9-2019 Location: 366 Olcn Lake Road Tax MaP Number: 289.10-1-53 ZBA Meeting Date: Wednesday, May 22, 2019 The Zoxting Board o£Appeals o£the Town o£Queensbury has received an application £rom Gary Hill¢rt. Applicant requests tom vntain a deck addition next to the shoreline with a portion over the shore. Project also includes maintaining a £ante sections on the shoreline sick o£ the home. Relic{ requested from minimum shoreline setback requirements for the deck. Relic£is also requested £or the £antes that have been constructed near shore area. Section 1']9-5-020 Fence The applicant proposes to maintain a 60 R 6 R in height stockade £ante section that coruaects Rom the house to the shoreline. Also, a and section of 30 R is at 6 f[in height stockade located on tlae east property line within 50 R o£the shoralinc. Fences are to be at a 50 R setback from the shoreline,No privacy-type £ante, shall encroach into the front yard setback requirement or shoralinc setback requirement. Section 1']9-3-040 Dimensional r meats The applicant also requests to mountain Llte shoreline deck£rom the a asting home whore the deck is over tkve shoreline where a 50 R setback is required. SEQR Type II—no £urthcr review required; A public hearing was advertised and held on Wednesday. Mav 22_ 2019; Upo review o£ [he application materials, n£ov-vtvation supplied during the public hearing and upon consideration a£the criteria specified in Sectionvl']9-14-080(AJ o£the Queensbaary Town Code and Chapter 26'] o£NYS Town Law and aRer discussion and deliberation, we £nd as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / i of an undesirable change vn the character o£ the neighborhood nor a detriment to nearby properties be¢ 2. Feasible alternatives a and have been considered by the Board, are reasonable and have been ncluded to-minimize thereouest OR arenot possible. 3. The requested variance is /is not substantial because 4. There is / is not an adverse impact on the physical or envvronmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board {nds that the bene£vt to the applicant from granting the requested v riance would outweigh (annrovall / would be outwei¢hed by (deniall the resulting detriment to the health, safety and welfare of the neighborhood or community; "l. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a� b� , c� Adherence to ttve items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 9-2019, Gary Hillert, Introduced by , who moved for its adoption, seconded by : Duly adopted this 22nd day o£May 2019 by the following vote: AYES: NOES: Tawn of Queensbury Zoning Board of Appeals Community develop meni �eporim eni Stott Notes Ar¢a Varianc¢No.: 20-2019 Proj¢ct Applicant: R¢¢c¢Rudolph Proj¢ct Lo¢atiom 24 Na¢y Road Parc¢I Hiatory: SP 29-2a39 SEQR Typaa Typ¢II M¢¢ting Date: May 22,2a19 'DcscrlpHoa o{Propos¢d Proj¢¢t: Applicant proposes to remove existing 1/2 story roo£azea o£392 sq. R. and to construct a 715 sq. R_ s ond- story addition to the existing home. Relic£requested £rom setbacks, Floor Area Ratio and permeability requ rements. Relie£R¢quired: The applicant requests relic£{rom setbacks, Floor Area Ratio and permeability requirements_ Section 179-3-040-dimensional reeuirements The applicant propo s to r e true a asting % s ad story to construct a new£ull second story. The new second story is to be located ] R 5 inches £rom the south property line were a 12 R setback is required_ The site permeability is proposed to be 70.6^/o where 75% is required. The Roor area proposed is 3,184 sq R (30.5%j where 2,300 sq R(22%� is the maximum allowed. Crit¢ria for c aid¢ria an Ar¢a Variaa¢¢ ording to Chapt¢r 267 of Towa Law. In making a d¢t¢rmination, tine board shall c resider: 1. Wh¢th¢r an uad¢airabl¢ Chang¢will be produ¢¢d in the charact¢r o{the n¢ighborhood or a detriment ton rby prop¢rti¢s wilt b¢ cr¢at¢d by th¢ granting o{this ar¢a varianc¢. The project may be considered to have little ton mpact on the neighboring properties. 2. Wh¢ther the ben¢£at sought by th¢ applicant can be achieved by som¢m¢thod,f¢asibl¢{or th¢ applic nt to pu o@ter than an area varian¢¢. The Feasible alternatives may be limited due to the location o£the existing home and lot size. 3. Wh¢th¢r the requested ar¢a variane¢is substantial The relic£may be considered substantial relevant to the code. The side setback relie£is 11 R 8 inches and the Roor azea is 8.46% an excess o£the maximum allowed_ 4. Wh¢th¢r the proposed variane¢will hav¢ an adv¢rs¢ ¢{{act or impact oa the pltysi¢al or environmental conditions in th¢ n¢ighborbood or district. The project as proposed may be considered to have m al impact on the environmental conditions o£the site o 5. Wh¢th¢r thee all¢g¢d di£ileuity was s¢1Y-creat¢d_ Theproj ec< as proposed may be considered sel{_created. Sta{{comments: The applicant proposes to add 715 sq R second story addition to the existing 973 sq R (£ootprint� home. o£ living space to the Srst floor 738 sq R home{r additional living space. The plans show the location o£the addition to the home. The elevations and Floor plans show the arrange ent o£the home. There aze no changes to the site. Zoning Board of Appals—R¢cord of R¢solution Town o£Queensbury 942 Bay Road Queensbury, NY 12804 <518� 961-8238 Tower,of Qu¢ens vry Area Variance Resolution To: Agprove/Disapprove Applicant Name: Reece Rudolph Fil¢Numb¢r: AV 20-2019 Location: 24 Nacy Road Tax MaP Numb¢r: 289.6-1-34 ZBA Meting Dafev Wednesday, May 22, 2019 The Zoning Board of Appeals o£the Town o£Queensbury has r ved an application from Reece Rudolph. Applicant propo s to r asting % story roof area of 392 sq_ 81 and to construct a 915 sq. $. second-story addition to the ezvsting home Relief requested from setback, Floor Area Ratio and permeability requirements. The applicant requests relie£tiom setbacks, Floor Area Ratio and permeability requirements. Section 1']9-3-040-dimensional requirements The applicant proposes to remove the a fisting % second story to c nstruct a new full second story. The new nd story is to be located 1 R 5 inches from the south property line w a 12 R setback is requvred. The site permeability is proposed to be ']0.6% where 95% is required. The floor area proposed is 3,1 84 sq ft (30.5%) where 2,300 sq ft (22%) is the maximum allowed. SEQR Type II—no PrrtTver review required; A public hearing was advertised and held on Wednesday. Mav 22. 2019; Upon review o£ the application materials, information supplied during the public hearing, and upon sideration o£th¢ criteria speci£ed in Section 1"19-14-080(A� of the Queensbury Town Code and Chapter 269 of NYS Town Law and a8er discussion and deliberation,we£and as follows: PER TFIE DRAFT PROVIDED BY STAFF I. There is / is not an undesirable change in the character o£ the neighborhood nor a detriment to nearby properties b¢ use 2. Fe Bible alternatives are and have been considered by the Board, are reasonable aad have be l d d t - - a the e t OR are not n ssible: 3. The requested varvanc is/is not substantial b¢cause 4. There is L i of an adverse impact on the physacal or environmental condixions in the neighborhood or district? 5. The alleged difficulty is/ is not self-created because 6. In addition the Board £nds that th¢ b¢n¢fit to the applicant from granting th¢ r¢quested variance would outweimh fanvrovaD / would be outweiehed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or conztttunity; "l. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a� bj , c) Adherence to the items outlin¢d in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 20-2019.R¢¢¢¢Rudoloh. Introduced by who moved for its adoption, seconded by Duly adopted this 22^a May 2019 by the following vote: AYES: NOES: