Resolution
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Michael D. Canale
File Number: Z-AV-13-2019
Location: 15 Pickle Hill Road
Tax Map Number: 265.-1-64
ZBA Meeting Date: Wednesday, April 17, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from Michael D. Canale. Applicant proposes construction of a 1,440 sq. ft. detached garage on an existing
4.42 acre parcel where a single-family home with an attached garage already exists. Relief requested from minimum setback requirements and for a second garage where only one such structure
is allowable per parcel/residence.
Relief Required:
The applicant requests relief from minimum setback requirements and for a second garage in the Land Conservation 42 Acres.
Section 179-3-040 –dimensional requirements
The garage is to be located 54.4 ft from the North property line where a 100 ft setback is required
Section 179-5-010 –garage
The applicant proposes a second garage where one is allowed.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, April 17, 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:
There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties. It’s a five acre lot and being built in an area where nobody will notice
it.
Feasible alternatives have been considered by this Board, moving it further back from the property on the north side, but it’s felt that this is reasonable where it is being placed.
The requested variance is substantial because it’s a second garage for hobby purposes. It’s oversized at 1440 square feet. It’s still deemed reasonable for a rural use.
There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
The alleged difficulty is self-created because they want a second garage.
In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) the resulting detriment to the health, safety and welfare
of the neighborhood or community;
The Board also finds that the variance request under consideration is the minimum necessary;
The Board also proposes the following conditions:
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 AREA VARIANCE
Z-AV-13-2019, Michael D. Canale, Introduced by James Underwood, who moved for its adoption, seconded by Ronald Kuhl:
Duly adopted this 17th day of April 2019 by the following vote:
AYES: Mrs. Hamlin, Mr. Urrico, Mr. McDevitt, Mr. Underwood, Mr. Kuhl, Mr. Freer
NOES: NONE
ABSENT: Mrs. Hayward, Mr. Henkel, Mr. McCabe
Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Compliance Letter
April 18, 2019
TO: Michael Canale:
Location: 15 Pickle Hill Road
Tax Map Number: 265.-1-64
RE: Area Variance No. 13-2019
Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached). 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.
Additional requirements and review for this project shall include:
1. Please submit four (4) copies of the ZBA approved plans to the Zoning Office for the Zoning Administrator’s approval - One (1) copy will be returned to you in order to be posted on
the project site.
2. Post Approval -Contact Bruce Frank –Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre-construction meeting before any work is started, and at any time during the site development should any constraints, concerns or questions arise. Mr. Frank will monitor the site
development throughout the project for compliance with your approval; however, see item 3;
Contact Bruce Frank, Code Compliance Officer at 761-8226.
Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the Adirondack Park Agency, Lake George Park Commission or other State
agency or department.
3. As-built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final sign-off from the Zoning Department and/or a Certificate
of Occupancy –
If there are no modifications or changes from the approved plan provide a certification from the project designer.
If there are minor modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This may be,
potentially, approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This will likely
require re-approval by the Zoning Board.
Sincerely,
Craig Brown
Director of Planning & Zoning
Zoning Administrator
CB/sh