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Resolution.01.17.18 Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238 Town of(Zeensbum Use Variance Resolution To: Approve Applicant Name: Errol Silverberg File Number: Z-UV-3-2017 Location: 230 Lockhart Mountain Road Tax Map Number: 252.-1-38.1 ZBA Meeting Date: Wednesday, January 17, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Errol Silverberg for a variance from Section(s) 179-3-040 and 179-5-020 of the Zoning Code of The Town of Queensbury. Applicant proposes construction of a 2,304 sq. ft. addition to the existing 8,400 sq. ft. garage. Relief is required as the construction of the addition to the private garage is on a parcel where a principal use (single-family dwelling) does not exist. Additionally, an area variance is required as the structure is proposed to be in excess of the maximum allowable square footage for a private garage. Planning Board: Site Plan Review required for the expansion of a private garage. SURVEY WAIVER APPROVED Relief Required: Section 179-5-020 Accessory Structure - Garage The applicant proposes a 10,704 sq. ft. garage where 8,400 sq. ft. is existing and 2,304 sq. ft. is the addition. Garages are limited to 2,200 sq. ft. Garages are also considered accessory structures and may not be constructed without a principal structure. In this instance here we are recognizing the fact that of the previous uses on this site here, the original Gillis poultry farm. January 2018 new information...Applicant has supplied additional information in relation to a reasonable return. Motion regarding Use Variance Z-UV-3-2017 Errol Silverberg 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 Michael McCabe who moved for its adoption,seconded by James Underwood: Duly adopted 17th day of January,2018, by the following vote: AYES: Mr. Henkel,Mr. Urrico, Mr.McCabe, Mr. Underwood,Mr. Freer NOES: NONE ABSENT: Mr. Kuhl Page 2 -Use Variance Resolution To: Approve Applicant Name: Errol Silverberg File Number: Z-UV-3-2017 Location: 230 Lockhart Mountain Road Tax Map Number: 252.-1-38.1 ZBA Meeting Date: Wednesday, January 17, 2018 The four(4) criteria usually associated with a Use Variance are: 1.) That the proposed improvement is a public necessity in that it is required to render safe and adequate service. It is our finding that: This applicant's request for the additional structure would allow an easier ingress and egress for the vehicles from the building and allow for re-purposing and re-building of the building without harming the collections housed inside. 2.) That there are compelling reasons, economic and otherwise, for permitting the variance. It is our finding that: This re-purposing of the building that would be not allowed on site because of its over size, is a reasonable re-use of this building,going forward for personal car collection as opposed to a secondary use which might be commercial use which previously existed on site. 3.) Where the intrusion or burden on the community is minimal,the showing required by the utility should be correspondingly reduced. It is our finding that: We don't find that the applicant with an over six acre lot would be accommodating for this structure. Based upon our findings above, we hereby determine that the applicant [HAS ] demonstrated that the applicable zoning regulations and restrictions have caused unnecessary hardship. They went through the process of looking at other possible uses on site. This seems to be the most benign use for this building. [ (Note: use the following only when approving a use variance.) The Board finds that the variance under consideration is the minimum necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. ] Based upon the secluded nature of where this building is located we do not feel, there's been no neighborhood negativity about the application. Based upon all of the above, 1 move that this Board [ Approve ] Use Variance Z-UV-3-2017, Errol Silverberg with the following conditions: For personal use and storage only for Mr. Silverberg's collection of automobiles. Duly adopted this 17`h day of January 2018, by the following vote: AYES: Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. Freer NOES: Mr. McCabe ABSENT: Mr. Kuhl