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Final Approval Resolution Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 FOLLOW - UP RESOLUTION May 30, 2014 TO: Dawn & Andy Pliscofsky PROJECT FOR: Dawn & Andy Pliscofsky 631 State Route 149 631 State Route 149 Lake George, NY 12845 ZBA Meeting Date: Wed., May 28, 2014 Your application, after review and consideration by the Zoning Board of Appeals,was: _X_ Approved. 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 has expired. See section 179-14-090 A copy of the resolution is attached. Additional requirements and review for this project shall include: Zoning Office _X_ See approval conditions in resolution. _X_ Submit four (4) copies of the approved plan depicting all changes and conditions of the approval as adopted by the Zoning Board of Appeals. Please bring the plans to the Zoning Office for the Zoning Administrator's signature. These plans will need to be reviewed and approved prior to issuance of a building permit. X Please contact Bruce Frank, Code Compliance Officer at 761-8226 within 30 days of the ZBA approval date for a pre-construction meeting before any work is started. Building Department _X_ Application for a Building Permit This office will be performing necessary inspections related to Site issues, not Building Code issues, throughout the duration of the project. Completion of and continued compliance with all details and conditions of approval are required in order to receive and maintain approvals. S71�) Craig Brown Zoning Administrator CB/sh Fncl. Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski, Chairman Roy Urrico, Secretary TO: Dawn & Andy Pliscofsky PROJECT FOR: Dawn & Andy Pliscofsky 631 State Route 149 631 State Route 149 Lake George, NY 12845 ZBA Meeting Date: Wed., May 28, 2014 RESOLUTION TO: Approve Area Variance No. 42-2014, Dawn & Andy Pliscofsky, 631 State Route 149,Tax Map No. 278.00-1-43 The Zoning Board of Appeals of the Town of Queensbury has received an application from Dawn & Andy Pliscofsky for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of Queensbury. Applicant proposes construction of a 250 sq.ft. residential addition. Relief requested from minimum front yard setback requirements and for expansion of a nonconforming structure in the RR-3A zoning district. SEQR Type II-no further review required; A public hearing was advertised and held on Wednesday, May 28, 2014; 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 area variance? The requested relief is for 46.77 feet from the required 100 foot setback. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? There are no other feasible means since this house does pre-date the Zoning Code. There is really nothing that this homeowner can do short of moving the house back. 3. Is the requested area variance substantial? It might be deemed substantial relative to the Code but, like I said,the homeowner's did not create this. The enacting of the Zoning Code created this. 4. Will the proposed area variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? 1 don't think it is going to provide any undesirable change, whats-so-ever in the neighborhood when you look at the scope of a 41/2 acre lot. 5. Is the alleged difficulty self-created? I do not believe that it is self-created at all. I think it is a result of the Zoning Code,the State taking land, and the original placement of the house. 7. The Board also finds that the variance request under consideration is the minimum necessary; Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury .742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wednesday, May 28, 2014 Area Variance Application No.42-2014, Dawn & Andy Pliscofsky Based on the above findings I make a MOTION TO APPROVE Area Variance No. 42-2014, Dawn & Andy Pliscofsky, Introduced by Richard Garrand, who moved for its adoption, seconded by Mike McCabe: As per the resolution prepared by staff with the following: A. 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; B. 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; C. Subsequent issuance of further permits, including building permits are dependent on receipt of these final plans; D. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a building 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 28th day of May, 2014, by the following vote: AYES: Mr. Urrico, Mr. Henkel, Mr. Noonan, Mr. Freer, Mr. Garrand, Mr. McCabe, Mr. Jackoski NOES: None Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.)