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Staff Notes Staff Notes ZBA Meeting Wednesday December 4 , 2019 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 55-2019 Project Applicant: Daniel T. Green Project Location: 131 West Mountain Road Parcel History: AST 688-2019; P20050835-29481; P20090367-36065 SEQR Type: Type II Meeting Date: December 4, 2019 Description of Proposed Project: Applicant proposes to maintain an existing 240 sq. ft. garage-storage building. Garage has door width greater than 6 ft. and is used for storage of lawnmower and yard maintenance equipment. The site has an existing 2,208 sq. ft. (footprint) home with an attached garage. Property has existing sheds used for maintenance of pool, gardens, and woodshed. Relief requested for a 2nd garage and number of sheds. Relief Required: The applicant requests relief for the number of garages and sheds in the MDR zone. Section 179-5-020—Accessory structures -garages The applicant requests to maintain an existing 240 sq. ft. garage—storage building, where only one garage is allowed. Section 179-5-020—Accessory structures—storage shed The applicant requests to maintain three existing storage sheds with a total 336 sq. ft. where only two sheds are allowed totaling 500 sq. ft. 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 garage and sheds may be considered to have little to no impact on the neighboring properties or neighborhood character. 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 considered to reduce the number of sheds. Also,the reduction in the door size of the garage—note additional relief would be needed. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. Relief is requested for second garage where only one garage is allowed. The relief for 3 sheds is minimal relevant to the code. 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 to no impact on the environmental conditions of the site or area. S. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant requests to maintain a 320 sq. ft. garage-storage building to assist with maintaining the garden area near the shed. The number of sheds is preexisting to assist with maintenance of the property: pool shed, garden shed to the rear side of the garden, and a wood shed to have easy access from the house. The applicant has indicated they were not aware of the regulations for the number of sheds and door size requirements for a garage. 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 'Ibwn of(Lrccnsbui) Area Variance Resolution To: Approve/Disapprove Applicant Name: Daniel T. Green File Number: AV 55-2019 Location: 131 West Mountain Rd. Tax Map Number: 308.17-1-3 ZBA Meeting Date: December 4, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Daniel T. Green. Applicant proposes to maintain an existing 240 sq. ft. garage-storage building. Garage has door width greater than 6 ft. and is used for storage of lawnmower and yard maintenance equipment. The site has an existing 2,208 sq. ft. (footprint) home with an attached garage. Property has existing sheds used for maintenance of pool, gardens, and woodshed. Relief requested for a 2nd garage and number of sheds. Relief Required: The applicant requests relief for the number of garages and sheds in the MDR zone. Section 179-5-020—Accessory structures -garages The applicant requests to maintain an existing 240 sq. ft. garage—storage building, where only one garage is allowed. Section 179-5-020—Accessory structures—storage shed The applicant requests to maintain three existing storage sheds with a total 336 sq. ft. where only two sheds are allowed totaling 500 sq. ft. SEQR Type II—no further review required; A public hearing was advertised and held on December 4, 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 (gpproval) / 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. 55-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 4tn Day of December 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 56-2019 Project Applicant: Mike&Julie Baird Project Location: 414 Corinth Road Parcel History: SP 44-2018; SUP 2-2018 SEQR Type: Type II Meeting Date: December 4, 2019 Description of Proposed Project: Applicant proposes to remove a 308 sq. ft. attached garage to construct a new 1,200 sq. ft. attached garage. Project includes adding pavement to align with the doors of the new garage. The existing home is 1,652 sq. ft. with the attached garage. The site also contains existing businesses toward the front of the property. Relief requested for setback. Relief Required: The applicant requests to construct a 1,200 sq. ft. garage addition in the Commercial Light Industrial zone (CLI). Section 179-5-020 Accessory structures -garages The garage is to be located 10 ft. to the East property line where a 30 ft. setback is required. Also,the garage is to be 1,200 sq. ft. where the maximum allowed on lots less than 5 ac. is 1,100 sq. ft. 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 or neighborhood character. 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. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief is requested for 20 ft. to the east property line and 100 sq. ft. more than allowed for a garage on less than 5 acres. 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 to no 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 self-created. Staff comments: The applicant proposes to remove 308 sq. ft. garage addition to construct 1,200 sq. ft. garage addition. The plans show the location of the existing and proposed garage. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 1 -W- ' I ` liwn of Queensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Mike &Julie Baird File Number: AV 56-2019 Y�e s " U H RI Location: 414 Corinth Rd. Tax Map Number: 308.15-1-44 ZBA Meeting Date: December 4, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Mike& Julie Baird. Applicant proposes to remove a 308 sq. ft. attached garage to construct a new 1,200 sq. ft. attached garage. Project includes adding pavement to align with the doors of the new garage. The existing home is 1,652 sq. ft. with the attached garage. The site also contains existing businesses toward the front of the property. Relief requested for setback. Relief Required: The applicant requests to construct a 1,200 sq. ft. garage addition in the Commercial Light Industrial zone (CLI). Section 179-5-020—Accessory structures -garages The garage is to be located 10 ft. to the East property line where a 30 ft. setback is required. Also, the garage is to be 1,200 sq. ft. where the maximum allowed on lots less than 5 ac. is 1,100 sq. ft. SEQR Type II—no further review required; A public hearing was advertised and held on December 4, 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. 56-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 411 Day of December 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 58-2019 Project Applicant: Hilary Haskell &Richard Rodriguez Project Location: 62 Richmond Hill Road Parcel History: AST 716-2019; RC 118-2017 SEQR Type: Type II Meeting Date: December 4,2019 Description of Proposed Project]- Applicant requests to maintain 320 sq. ft. storage shed that has been constructed on the property. The existing home is 1,699 sq. ft. (footprint). The property is a corner lot. Relief is requested for setbacks. Relief Required: The applicant requests relief for the number of garages and sheds in the MDR zone. Section 179-5-020 Accessory structures—storage shed The applicant requests to maintain an existing 320 sq. ft. shed at a setback of 15.5 ft. where a 20 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 or neighborhood character. 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 to relocate the shed to a compliant location. The applicant has indicated a future pool project and existing septic would be difficult to relocate the shed. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief is requested for 4.5 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 to no 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 self-created. Staff comments: The applicant requests to maintain a 320 sq. ft. storage shed too close to the property line. The parcel is a corner lot where the setback is 30 ft. on all sides. The applicant was not aware of the corner lot setbacks when the shed was constructed. The survey shows the location of the shed on the parcel. r J Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 'Ibim of CLeensbuiy Area Variance Resolution To: Approve/Disapprove Applicant Name: Hilary Haskell&Richard Rodriguez EL " U�' File Number: AV 58-2019 Location: 62 Richmond Hill Road Tax Map Number: 308.7-1-70 ZBA Meeting Date: December 4, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Hilary Haskell and Richard Rodriguez. Applicant requests to maintain 320 sq. ft. storage shed that has been constructed on the property. The existing home is 1,699 sq. ft. (footprint). The property is a corner lot. Relief is requested for setbacks. Relief Required: The applicant requests relief for the number of garages and sheds in the MDR zone. Section 179-5-020 Accessory structures—storage shed The applicant requests to maintain an existing 320 sq. ft. shed at a setback of 15.5 ft. where a 20 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on December 4, 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. 58-2019, Introduced by ,who moved for its adoption, seconded by Duly adopted this 4t"Day of December 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning.Board of Appeals, Community Development Department Staff Notes Area Variance No.: 59-2019 Project Applicant: O'Reilly Auto Enterprises,LLC Project Location: 682 Glen Street Parcel History: SP 12-2018; SP 44-2017; AV 41-2017 SEAR Type: Type II Meeting Date: December 4,2019 Description of Proposed Project]- Applicant requests approval of the location of the 7,453 sq. ft. O'Reilly's building. The current as-built survey found the building was not constructed according to the setbacks granted. Relief requested for setbacks. Relief Required: The applicant requests relief from setbacks for a commercial building already constructed in the Commercial Intensive zone (CI). Section 179-3-040 dimensional requirements The existing building was constructed with a front setback to Route 9 of 70.3 ft. where 75 ft. is required and 72.6 ft. was granted. The front setback on Glendale is 24 ft. where a 75 ft. setback is required and 21.1 ft. was granted. 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 location of the building and the existing site work for the parking area, landscaping and stormwater management. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 4.7 ft. from Route 9 and 51 ft. from Glendale. 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 they were unaware the building wasn't staked correctly during construction. The Town's Code Compliance Officer has been to the site to review the site for compliance and at this time the site is compliant other than the setbacks. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 7bim of Queensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: O'Reilly Auto Enterprises, LLC File Number: AV 59-2019 Location: 682 Glen Street Tax Map Number: 302.7-1-28 ZBA Meeting Date: December 4,2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from O'Reilly's Auto Enterprises,LLC. Applicant requests approval of the location of the 7,453 sq. ft. O'Reilly's building. The current as-built survey found the building was not constructed according to the setbacks granted. Relief requested for setbacks. Relief Required: The applicant requests relief from setbacks for a commercial building already constructed in the Commercial Intensive zone (CI). Section 179-3-040 dimensional requirements The existing building was constructed with a front setback to Route 9 of 70.3 ft. where 75 ft. is required and 72.6 ft. was granted. The front setback on Glendale is 24 ft. where a 75 ft. setback is required and 21.1 ft. was granted. SEQR Type H—no further review required; A public hearing was advertised and held on December 4,2019; 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. 59-2019, Introduced by , who moved for its adoption, seconded by Duly adopted this 4"Day of December 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 11-2019 Project Applicant: Northway Outlets,LLC Project Location: 1415 State Route 9 Parcel History: SV 2-2019 SEQR Type: Unlisted Meeting Date: December 4,2019 Description of Proposed Project: Applicant proposes to install two wall signs where only one is allowed. Sign 1 is to be located in the interior of the plaza south elevation and Sign 2 is to be located at the exterior east elevation. Project is for a tenant at the Northway Outlets. The signs are to be externally lit. Relief requested for more than one wall sign for a tenant. Relief Required: The applicant requests relief from number of allowable wall signs for a tenant in a business complex. Section 140—Signs The applicant proposes two wall signs for a tenant space that faces Route 9 and the interior of the shopping center. Sign 1 to be 48 sq. ft. and Sign 2 to be 70.75 sq. ft. Criteria for considering a Sign 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 sign variance. Minimal 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 a sign variance. Feasible alternatives may be considered to reduce the number signs. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for an additional wall sign where only one wall sign per tenant in a business complex 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 as proposed may have minimal impact on the 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 two wall signs to be located on each side of a tenant space at the Lake George Outlets West. The plans provided show sign locations and they are to be externally lit with goose neck light fixtures. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238 'Iour�of CLccnshcn;� -7 Sign Variance Resolution To: Approve/Disapprove L� Applicant Name: Northway Outlets, LLC File Number: SV 11-2019 Location: 1415 State Route 9 Tax Map Number: 288.-1-53 ZBA Meeting Date: December 4,2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Northway Outlets,LLC. Applicant proposes to install two wall signs where only one is allowed. Sign 1 is to be located in the interior of the plaza south elevation and Sign 2 is to be located at the exterior east elevation. Project is for a tenant at the Northway Outlets. The signs are to be externally lit. Relief requested for more than one wall sign for a tenant. Relief Required: The applicant requests relief from number of allowable wall signs for a tenant in a business complex. Section 140—Signs The applicant proposes two wall signs for a tenant space that faces Route 9 and the interior of the shopping center. Sign 1 to be 48 sq. ft. and Sign 2 to be 70.75 sq. ft. SEQR Type: Unlisted [Resolution/Action Required for SEAR] Motion regarding Sign Variance No. 11-2019 Applicant Name: Northway Outlets,LLC 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 4th day of December 2019, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday December 4, 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 5. 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 11-2019 Northway Outlets,LLC, 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 4th day of December 2019,by the following vote: AYES: NOES: