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449.2007 APPROVING RESOLUTION YUET HON AND SO YING LING’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 449, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Yuet Hon and So Ying Ling (Applicants) applied to the Town Board for a § second variance/waiver from Town Code 136-44 for a second extension of the Town’s connection requirements to connect their Flower Drum Song Chinese Restaurant property located at 909 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that there may possibly be a sale of the building and property and the current dry wells are properly functioning, as more fully set forth in the Applicants’ application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants and the th Town Board conducted a hearing concerning the variance/waiver request on Monday, October 15, 2007, NOW, THEREFORE, BE IT RESOLVED, that 1 a) due to the nature of the variance/waiver request, the Queensbury Town Board determines /would not that the temporary granting of the variance/waiver be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and iswould b) the Town Board finds that the granting of the variance/waiver reasonable and alleviate unnecessary hardship on the applicants; and BE IT FURTHER, approves RESOLVED, that the Queensbury Town Board hereby Yuet Hon and So Ying Ling’s (Applicants’) application for a variance/waiver from Queensbury Town Code Chapter 136, § grants 136-44 “Connection to sewers required” and hereby the Applicants a one-year extension of th time or until October 15, 2008 in which to connect their property located at 909 State Route 9, Queensbury (Tax Map No.: 296.17-1-38) to the Town of Queensbury’s Route 9 Sewer District, [ provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Applicants shall pay all charges due as if their property was ] connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. 2 th Duly adopted this 15 day of October, 2007 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None 3