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Staff Notes Staff Notes ZBA Meeting Wednesday, November 20 , 2019 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 10-2019 Project Applicant: McDonald's Corporation Project Location: 192 Corinth Road/Commercial Intensive—Exit 18 (CI-18) Parcel History: SP 64-2012; SV 51-2012 SEQR Type: Unlisted Meeting Date: November 20,2019 Description of Proposed Project: Applicant proposes to remove 3 menu board signs at the drive thru area to install 2 double panel and 2 single panel digital signs at the drive thru area. The double panel is to be 17.6 sq. ft. and the single panel is to be 8.8 sq. ft. Relief is requested for number of freestanding signs. Relief Required: The applicant requests relief for number of freestanding signs. Section 140—signs The applicant proposes four additional free standing signage at the drive-thru areas of the McDonald's site. Criteria for considering a Sign Variance according to Chapter 140 of Town Law: 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 sign variance. Minimal impacts to the neighborhood are anticipated. 2. 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 possible to reduce the number of signs. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. The relief for the number of signs is four additional signs that are to be digital. 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 physical or environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to update the drive-thru signage on the site for McDonalds. The plans show the existing signage at the drive-thru, noting there is no change to the road side free standing sign. The submission shows the new digital sign panels for pre-menu and menu boards. The applicant has indicated only McDonalds items are posted on the digital boards. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 fi7tan of(Lycens tit), Sign Variance Resolution To: Approve/Disapprove Applicant Name: McDonald's Corporation File Number: SV 10-2019 Location: 192 Corinth Road Tax Map Number: 309.13-1-74 ZBA Meeting Date: Wednesday November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from McDonald's Corporation for a variance from Chapter 140 of the Sign Code of The Town of Queensbury. Applicant proposes to remove 3 menu board signs at the drive thru area to install 2 double panel and 2 single'panel digital signs at the drive thru area. The double panel is to be 17.6 sq. ft. and the single panel is to be 8.8 sq. ft. Relief is requested for number of freestanding signs. Relief Required: The applicant requests relief for number of freestanding signs. Section 140—signs The applicant proposes four additional free standing signage at the drive-thru areas of the McDonald's site. SEQR Type: Unlisted [Resolution/Action Required for SEQR] Motion regarding Sign Variance No. 10-2019 Applicant Name: McDonald's Corporation based upon the information and the analysis of the above supporting documentation provided by the applicant,this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 20th day of November 2019, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday November 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 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 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a 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 S. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh/would be outweighed 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; Based on the above findings I make a MOTION TO APPROVE/DENY Sign Variance SV 10-2019 McDonald's Corporatin, Introduced by , who moved for its adoption, seconded by As per the resolution prepared by staff with the following: A. <insert conditions/comments>: B. The variance approval is valid for one (1) year from the date 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 Adirondack 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 further review by the Zoning Administrator or Building & 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 State agency or department. Duly adopted this 20th day of November 2019,by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 49-2019 Project Applicant: David Chainyk Project Location: 110 Sunnyside North/Waterfront residential(WR) Parcel History: RC 577-2019 SEQR Type: Type II Meeting Date: November 20,2019 Description of Proposed Project: Applicant proposes to remove a converted porch of 176 sq. ft. that is used for kitchen,bath, and entry. The project is to construct a new 176 sq. ft. area for the kitchen,bath, and entry in the area that is to be removed. The existing home is 836 sq. ft. floor area and the site has a 441 sq. ft. garage. The project includes adjusting the roofline to assist with stormwater and ventilation. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks in the waterfront residential zone (wr). Section 179-3-040 dimensional relief The applicant proposes to remove an existing converted porch area to replace with same size addition. The new construction is to be 6 ft. where a 12 ft. setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 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. The project may be considered to have little to no impact on the neighboring properties. 2. 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 location of the existing home, lot size and work proposed. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. The side setback relief is 6 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 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 to be self- created. Staff comments: The applicant proposes to rebuild an existing 176 sq. ft. converted porch and adjust the roof line for better ventilation. The applicant has indicated the existing 176 sq. ft. is deteriorating and the rebuild will be better built for the existing home. The plan shows the proposed reconstruction of the 176 sq. ft. area and a photo of the existing condition. 0, W Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 'lime d(tUCOM wy Area Variance Resolution To: Approve/Disapprove Applicant Name: David Chainyk File Number: AV 49-2019 Location: 110 Sunnyside North Tax Map Number: 279.17-2-16 ZBA Meeting Date: November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from David Chainyk. Applicant proposes to remove a converted porch of 176 sq. ft. that is used for kitchen,bath, and entry. The project is to construct a new 176 sq. ft. area for the kitchen,bath, and entry in the area that is to be removed. The existing home is 836 sq. ft. floor area and the site has a 441 sq. ft. garage. The project includes adjusting the roofline to assist with stormwater and ventilation. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks in the waterfront residential zone (wr). Section 179-3-040 dimensional relief The applicant proposes to remove an existing converted porch area to replace with same size addition. The new construction is to be 6 ft. where a 12 ft. setback is required. SEQR Type H—no further review required; A public hearing was advertised and held on November 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 NYS 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 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 / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. 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_(approval) / 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; 8. 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 49-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 20t' day of November 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 50-2019 Project Applicant: Mark Brilling Project Location: 56 Old West Mountain Road/Moderate Density Residential (MDR) Parcel History: BP 94728-1467; BP 91634-2340 SEAR Type: Type II Meeting Date: November 20, 2019 Description of Proposed Project: Applicant proposes to construct a 1,280 sq. ft. second garage and additional driveway area. Project site has an existing home 1,937 sq. ft. footprint with an attached garage. Relief is requested for a second garage. Relief Required: The applicant requests relief for a second garage. Section 179-5-020 -garage The applicant proposes a second garage where only one is allowed. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 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. 2. 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 due to orientation of the existing home and the proposed location of the new garage. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief requested is for a second garage. 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 may be considered to have minimal to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created. Staff comments: The applicant proposes a second garage to assist with maintenance of the existing property of 10 acres. The applicant has indicated lawn equipment and other storage is necessary to be kept inside. The plans show the location of the garage. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Ybi n of(tyecns)IIII Area Variance Resolution To: Approve/Disapprove Applicant Name: Mark Brilling File Number: AV 50-2019 Location: 56 Old West Mountain Rd. Tax Map Number: 288.-1-76 ZBA Meeting Date: November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Mark Brilling. Applicant proposes to construct a 1,280 sq. ft. second garage and additional driveway area. Project site has an existing home 1,937 sq. ft. footprint with an attached garage. Relief is requested for a second garage. Relief Required: The applicant requests relief for a second garage. Section 179-5-020 -garage The applicant proposes a second garage where only one is allowed. SEQR Type II—no further review required; A public hearing was advertised and held on November 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 NYS 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 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 / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. 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 (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also fords that the variance request under consideration is the minimum necessary; 8. 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 NO. 50-2019 , Introduced by , who moved for its adoption, seconded by Duly adopted this 20t' day of November 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 51-2019 Project Applicant: Tim &Kathy Bechard Project Location: 3 North Lane/Waterfront Residential (WR) Parcel History: SP 73-2019; SEP 689-2019 SEAR Type: Type II Meeting Date: November 20,2019 Description of Proposed Project: Applicant proposes to demolish an existing home with a floor area of 1,359 sq. ft. to construct a new home with a floor area of 2,731 sq. ft. with an attached garage. The project site is on a corner lot and site work includes a new septic system, permeable driveway, and stormwater management. Relief requested from setbacks and floor area. Planning Board: Site Plan for new floor area in a CEA. Relief Required: The applicant requests relief from setbacks and floor area. Section 179-3-040 dimensional requirements The new home is located on a corner lot where the front setbacks are 20 ft to North Lane and Honeysuckle Lane where a 30 ft setback is required. The rear setbacks are 21 ft where a 30 ft setback is required. Relief is also requested for the floor area ratio where 28% is proposed and 22% is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 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. 2. 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 due to the configuration of the parcel being a corner lot. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 10 ft. from each front property line and 9 ft. on each rear property line. Also the relief requested for Floor area is 6% in excess. 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 may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has indicated the new home would allow for an updated home with a garage. The home is in a similar location as the previous home. The plans show the location of the home on the parcel and the elevations. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Queensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Tim&Kathy Bechard File Number: AV 51-2019 Location: 3 North Lane Tax Map Number: 226.19-1-53 ZBA Meeting Date: November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Tim & Kathy Bechard. Applicant proposes to demolish an existing home with a floor area of 1,359 sq. ft. to construct a new home with a floor area of 2,731 sq. ft. with an attached garage. The project site is on a corner lot and site work includes a new septic system, permeable driveway, and stormwater management. Relief requested from setbacks and floor area. Planning Board: Site Plan for new floor area in a CEA. Relief Required: The applicant requests relief from setbacks and floor area. Section 179-3-040 dimensional requirements The new home is located on a corner lot where the front setbacks are 20 ft. to North Lane and Honeysuckle Lane where a 30 ft. setback is required. The rear setbacks are 21 ft. where a 30 ft. setback is required. Relief is also requested for the floor area ratio where 28% is proposed and 22% is required. SEQR Type II—no further review required; A public hearing was advertised and held on November 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 NYS 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 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 / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. 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_(qpproval) / 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; 8. 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 51-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 201' day of November 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 52-2019 Project Applicant: Fred Troelstra Project Location: 11 Honey Hollow Road/Moderate Density Residential(MDR)Bedford Close Sect S Subdivision Parcel History: n/a SEQR Type: Type II Meeting Date: November 20,2019 Description of Proposed Project: Applicant proposes a 624 sq. ft. new garage to be a second garage on property. The existing home is 2,077 sq. ft. (footprint) with an attached garage. Relief requested for a second garage. Relief Required: The applicant requests relief for a second garage. Section 179-5-020—garage The applicant proposes to construct a second garage where only one garage is allowed. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 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. 2. 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 considered limited due to orientation of the existing house and the proposed location of the second garage. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief requested for a second garage where only one is allowed. 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 may be considered to have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The existing home has an attached garage. The applicant has indicated the second garage is for storage of vehicles. The applicant has indicated the existing shed is to be removed to place the new garage. The plans show the location of the garage and elevations. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of(Lyeenshury Area Variance Resolution To: Approve/Disapprove Applicant Name: Fred Troelstra File Number: AV 52-2019 Location: 11 Honey Hollow Rd. Tax Map Number: 308.18-1-23 ZBA Meeting Date: November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Fred Troelstra. Applicant proposes a 624 sq. ft. new garage to be a second garage on property. The existing home is 2,077 sq. ft. (footprint) with an attached garage. Relief requested for a second garage. Relief Required: The applicant requests relief for a second garage. Section 179-5-020—garage The applicant proposes to construct a second garage where only one garage is allowed. SEQR Type II—no further review required; A public hearing was advertised and held on November 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 NYS 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 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 / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. 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_(approval) / 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; 8. 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 52-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 201h day of November 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 53-2019 Project Applicant: Landcrafter,LLC Project Location: 704 Glen Street/Commercial Intensive Zone (CI) Parcel History: SP 75-2019; AV 54-2019 SEAR Type: Type II Meeting Date: November 20, 2019 Description of Proposed Project: Applicant proposes a site modification to add 1,523 sq. ft. of new hard-surfacing and stormwater management to create a traffic interconnect with 708 Glen St. for BuyLow carpet and other commercial businesses. The existing building is 11,975 sq. ft. There are no changes to the site or building. Relief requested for permeability. Relief Required: The applicant requests relief for permeability in the Commercial intensive zone. Section 179-3-040—dimensional The applicant proposes a 25.2% where 30 %is the required for permeability. The existing site has 28.4% permeability. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 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. 2. 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 considered limited due to the existing conditions of the parcel. 3. Whether the requested area variance is substantial. The request for relief may be considered minimal relevant to the code. The relief requested is 4.8% less than the required 30%. 4. Whether the proposed variance will have an adverse effect or impact on 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 proposes to construct a paved interconnect from 708 Glen Street to the 704 Glen Street property. The purpose is to allow for traffic entering 708 Glen Street access to Lafayette Street with a light. The plans show the location of the interconnect, signage and stormwater controls. In addition,the applicant has shown parking for the EV vehicles. Qw- Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 'Tbim of(vueensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Landcrafter, LLC File Number: AV 53-2019 Location: 704 Glen St. Tax Map Number: 302.6-1-58.1 ZBA Meeting Date: November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Landcrafter, LLC. Applicant proposes a site modification to add 1,523 sq. ft. of new hard-surfacing and stormwater management to create a traffic interconnect with 708 Glen St. for BuyLow carpet and other commercial businesses. The existing building is 11,975 sq. ft. There are no changes to the site or building. Relief requested for permeability Relief Required: The applicant requests relief for permeability in the Commercial intensive zone. Section 179-3-040—dimensional The applicant proposes a 25.2%where 30 %is the required for permeability. The existing site has 28.4% permeability. SEQR Type II—no further review required; A public hearing was advertised and held on November 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 NYS 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 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 / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. 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 (qpproval) / 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; 8. 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 53-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 20t' day of November 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 54-2019 Project Applicant: Landcrafter,LLC Project Location: 708 Glen Street/Commercial Intensive Zone (CI) Parcel History: SP 75-2019; AV 53-2019 SEQR Type: Type II Meeting Date: November 20, 2019 Description of Proposed Project: Applicant proposes to reuse an existing 7,145 sq. ft. building for commercial use (retail,bank, fast food, food service, office, etc.). The project includes a new entryway area, a drive thru, and an interconnect with 704 Glen Street. Relief is requested for setbacks and parking requirements. Relief Required: The applicant requests relief setbacks and parking requirements in the commercial intensive zone(Q. Section 179-3-040 The new roof element to the front property line is to be 34 ft where a 75 ft setback is required and 3 ft to the north property line where a 20 ft setback is required. Section 179-4-090-Parking The relief requested for food service is for 55 spaces, convenient store is 47 spaces, Bank is 35 spaces,Personal services is 24 spaces, automobile service 26 spaces, office is 24 spaces and grocery is 35 spaces. The plans show 20 spaces are provided on the site. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 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. 2. 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 considered for fagade upgrade with no feature extensions however the building is preexisting non-conforming. The site parking area is also preexisting non-conforming where the previous arrangement had 15 spaces and the applicant site improvements increase parking to 15 spaces. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for front setback is 41 ft. and the side is 17 ft. The parking is as noted in parking for the uses tentatively proposed. The applicant intends to market the building for the proposed uses as identified—if variance is granted then no additional review unless for a different use not listed. 4. Whether the proposed variance will have an adverse effect or impact on 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 proposes to reuse the existing 7,145 sq. ft. building and market the building for different uses as noted in the parking relief. The plans show the rendition of the exterior of the building with an arbor feature at the front and entryway area then a drive-thru feature on the south side of the building. The plans show the additional improvements including a new curb cut that reduces the existing open curb cut as well as the interconnect to the 704 Glen Street property—noting interconnect properties is encouraged. Zoning Board of Appeals Community Development Department Staff Notes 1 W- 11 ,, Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 7on'n of(Jueenshui7 Area Variance Resolution To: Approve/Disapprove Applicant Name: Landcrafter,LLC File Number: AV 54-2019 Location: 708 Glen St. Tax Map Number: 302.6-1-57 ZBA Meeting Date: November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Landerafter,LLC. Applicant proposes to reuse an existing 7,145 sq. ft. building for commercial use (retail, bank, fast food, food service, office, etc.). The project includes a new entryway area, a drive thru, and an interconnect with 704 Glen Street. Relief is requested for setbacks and parking requirements. Relief Required: The applicant requests relief setbacks and parking requirements in the commercial intensive zone(CI). Section 179-3-040 The new roof element to the front property line is to be 34 ft. where a 75 ft. setback is required and 3 ft. to the north property line where a 20 ft. setback is required. Section 179-4-090-Parking The relief requested for food service is for 55 spaces, convenient store is 47 spaces, Bank is 35 spaces,personal services is 24 spaces, automobile service 26 spaces, office is 24 spaces and grocery is 35 spaces. The plans show 20 spaces are provided on the site. SEQR Type II—no further review required; A public hearing was advertised and held on November 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 NYS 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 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 / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. 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 gpnroval) / 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; 8. 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 54-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 2011 day of November 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 39-2019 Project Applicant: 10 Dunham's Bay Road,LLC Project Location: 10 Dunham's Bay Road/Waterfront Residential (WR) Parcel History: SP 63-2019; SUP 3-2019 SEQR Type: Type II Meeting Date: November 20, 2019 Description of Proposed Project: Applicant proposes to update an existing marina. Work is proposed to the main building to include work on first floor with reconfiguration of entry and some interior changes. Second floor includes converting a portion of the building to an open deck lounge area, updating office area and improvements to the showroom. Project includes site work for parking, pedestrian access and stormwater. The existing buildings on the site include the boat storage building at 6,913 sq. ft. and the marina building at 2,747 sq. ft. footprint. The existing floor area is 14,631 sq. ft. and proposed is 12,858 sq. ft. Relief Required: The applicant requests relief for floor area, setbacks, height,parking and permeability. Section 179-3-040 dimensional requirements The applicant proposes exterior fagade and building changes. Relief is requested from the front setback to be 3.6 ft where a 30 ft setback is required and 2.6 ft is existing. Relief is requested for shoreline setback of 0 ft where a 50 ft is required. Relief is also requested for height for the new roofline 37 ft 2 in where 28 ft height is the maximum. Section 179-4-090-Parking The existing parking on site is 19 spaces and includes parking inside the butler building where 46 spaces required. Project note: The floor area is.72 and being reduced to .71 and 22% is the maximum allowed. The permeability is increased from 23.7% to 23.9%where 75% is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 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. 2. 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 considered limited due to the lot configuration and the existing building location. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief requested for front setback is 26.4 ft., shoreline relief is 50 ft. and height relief is 9 ft. in excess. 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 may be considered to have minimal impact on the environmental conditions. The applicant proposes some additional greenspace and a dry well for stormwater management for the roof drainage. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes fagade and exterior changes to the existing main marina/showroom building. The exterior changes include a new entry area and creation of an open deck area on the second floor. The building will also have new exterior stairs for access to the outside deck area. There is to be a new upper roof feature that is to be no higher than the existing roofline, there is a second roof feature that is to have a retractable canopy over the seating area on the new open deck. The second floor exterior is improved with new windows. The interior on the second floor is improved with new office areas, showroom area,prep and bar area. Site work includes new retaining wall with a decorative fence, an upgraded access ramp and stair area to the docks. The fagade changes include paint colors, siding, and lighting. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 loitin of(t_ueenshuiy Area Variance Resolution To: Approve 1 Disapprove Applicant Name: 10 Dunham's Bay Road, LLC File Number: AV 39-2019 Location: 10 Dunham's Bay Road Tax Map Number: 239.20-1-4; 252-1-67 ZBA Meeting Date: November 20, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from 10 Dunham's Bay Road,LLC. Applicant proposes to update an existing marina. Work is proposed to the main building to include work on first floor with reconfiguration of entry and some interior changes. Second floor includes converting a portion of the building to an open deck lounge area, updating office area and improvements to the showroom. Project includes site work for parking,pedestrian access and stormwater. The existing buildings on the site include the boat storage building at 6,913 sq. ft. and the marina building at 2,747 sq. ft. footprint. The existing floor area is 14,631 sq. ft. and proposed is 12,858 sq. ft. Relief Required: The applicant requests relief for floor area, setbacks, height,parking and permeability. Section 179-3-040 dimensional requirements The applicant proposes exterior fagade and building changes. Relief is requested from the front setback to be 3.6 ft. where a 30 ft. setback is required and 2.6 ft. is existing. Relief is requested for shoreline setback of 0 ft. where a 50 ft. is required. Relief is also requested for height for the new roofline 37 ft. 2 in. where 28 ft. height is the maximum. Section 179-4-090-Parking The existing parking on site is 19 spaces and includes parking inside the butler building where 46 spaces required. Project note: The floor area is.72 and being reduced to .71 and 22% is the maximum allowed. The permeability is increased from 23.7% to 23.9%where 75% is required. SEQR Type II—no further review required; A public hearing was advertised and held on November 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 NYS 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 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 / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. 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 (approval) / 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; 8. 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 NO. 39-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 201h day of November 2019 by the following vote: AYES: NOES: