Loading...
1978-08-16 365"" 066~~~al M~nu~e4 06 ~he Queen4bu~y Zon~ng Boa~d 06 Appeal4 held AUgU4~ 16, 1978 P~e4 en~: K. Co~nwall Gue4 ~4 : G. L~ape4 T. Tu~ne~ S. Lynn C. S~~a~d S. R~~ha~d40n M. Reed A. f~an~o G. Ku~04aka Ab4 en~: The m~nu~e4 06 ~he p~ev~ou4 mee~~ng w~e app~oved. Old BU4~ne44: Spe~~al Pe~m~~ #77 - G~a~e Vunn - ~o ~onve~~ a ga~age ~nto a 4ea40nal dwell~ng on Glen Lake Road. A~to~ney R. Stua~~ and G~a~e Vunn p~e~en~. A legal op~n~on 6~om ~he Town A~~o~ney wa~ ~ead ~n~o ~he ~e~o~d. Mot~on by S. R~~ha~d40n. Se~onded by M. Reed ~o deny ~pe~~al pe~m~~ #76. RESOLVEV: The Boa~d den~ed Spe~~al Pe~m~t, #76 ~n ~on~u~~an~e ~ w~th Town Coun4el op~n~on pe~ lette~ da~ed July 28, 1978, ~n that ~~ ~hould be ~on~~de~ed a4 a va~~an~e. Al40, ~ha~ ~e~t~on 9.704 06 ~he 20 n~ng O~d~nan~e appl~e~' ~n ~e6 e~en~e ~o ~h~4 appl~~a.uon. New Bu~~ne~4: Va~~an~e #571 - John R. G~~a~d - d/b/a Ca~b~de Sha~pen~ng Se~v~~e Co~~n~h Road - ~o pla~e a 30' x 40' add~~~on ~o an ex~~.ung non- ~on60~m~ng U4e. M~. John G~~a~d p~e4en~ed ~he appl~~a.uon.J~m Elde~ who l~ve~ a~~0~4 the ~oad 6~om ~he Ca~b~de Sha~pen~ng ope~a~~on ~ompla~ned about ~he nu~~an~e 06 ~a~ ~epa~~4 and nO~4e. M~. G~~a~d w~ll ~o~~e~~ the ma~te~ and w~ll not allow any d~~~u~ban~e to the ne~gh- bO~4 . '- Mo~~on by C. S~~a~d. Se~onded by T. Tu~ne~ ~o app~ove Va~.# 571. RESOLVEV: The Boa~d g~an~ed th~4 va~an~e ~n ~on~u~~en~e w~th Queen4bu~y and Wa~~en County Plann~ng Boa~d4. 3b(, ( 2 ) Va~~anee #572 - ABC Rental4 - ~eque4t to plaee an add~t~on w~th 4' ~ea~ 4etbaek ~n l~eu 06 the ~equ~~ed 30' ~ea~ ~etbaek and a 6~ee ~tand~ng 4~gn 4' x 8', 15' 6~om the p~ope~ty l~ne4 on Quake~ & R~dge Road. Ed Coe p~e~ented.League 06 Women Vote~~ objeet to ~~gn va~~anee. RESOLVEV: The Boa~d g~anted va~anee to plaee an add~tion to eX~4t~ng bu~ld~ng 15' x 26' w~th 4' 4etbaek ~n eoneu~~enee w~th Queen4bu~y and Wa~~en County Plann~ng Boa~d4. The Boa~d den~ed va~~enee to e~eet an add~tional 6~ee-~tand- ~ng 4~gn a~ ~t ~4 ~n v~olat~on 06 the Queen4bu~y S~gn O~d~nanee and the appl~eant h~ not demon4t~ated any ~ea40n to va~y the o~d~nanee. Va~~anee #575 - Cook Un~ted, Ine.- to plaee a 6~ee 4tand~ng 4~gn 8' x 11'. P~e4ented by Atto~ney Robe~t Stewa~t and H. H066man 06 S~gn4 06 P~og~e44. League 06 Women Vote~4 eommended Cook Un~ted ~n ~ega~d to the p~opo4ed 4~gn~ng ~mp~ovement4. M~. F~aneo a4ked M~. Stewa~t how he me~u~ed the 6~ee 4tand~ng 4~gn and M~. Stewa~t an4we~ed by me~u~~ng the pe~~mete~ 06 the 4~gn and eomputing the 4qua~e 600t a~ea. Mot~on by C. S~ea~d. Seeonded by M. Reed to app~ove. RESOLVEV: The Boa~d g~anted th~~ va~~anee ~n eoneu~~enee w~th Queen4bu~y and Wa~~en County Plann~ng Boa~d4 a4 ~t w~ll be an ~mp~ovment ove~ the p~e4ent 4~gn. Al4o, the 4~gn w~ll not be 4ubjeet to ~enewal ~n 1986 ~n ~ega~d to eon6o~m~tlj w~th the 4~gn o~d~nanee. r 3 J ~ Meet~n9 adjoa~ned 10:00 P.M. ~ GL/nmk 3ro1 ~.~ ~~,'1S. '[:;~~~i.. Yown 0/ Queenjburfj QUEENSBURY TOWN OFFICE BUILDING "- July 28, 1978 BAY AND HAVILAND ROADS. R. D. 1 GLENS FALLS. NEW YORK. 12801 TELEPHONE: C~18) 792.~832 POLICE DEPT. 793.2~~~ HIGHWAY DEPT. 793.7771 TOWN COUNSEL \- I j, J !~ "-- ,'l,'>!<,;'j¡. .iI. Mr. George P. Liapes Zoning Inspector Town of Queensbury Town Office Building Bay & Haviland Roads Glens Falls, NY 12801 TOVJi'J C'r~' (''c'.,' rnl fE [~ ¡¿ ;; '-J ÍJ,,¡ ,jU¡ . ¡ ! ~' :...1: ::~ Re: Application of convert garage i>ifij AM. ~~ JI ~I~ 11.ol1tl1tJ ~ 1 ~I? 111? I ~ A . Grace Dunn for authorization to to summer residence Dear George: This is to provide my opinion to the inquiry of the Queensbu~y Zoning Board of Appeals, as requested during the Zoning Board of Appeals meeting of July 19, 1978, whether the Queensbury Zoning Ordinance authorizes the applicant, Mrs. Grace Dunn to convert an existing garage on premises which she owns at or near Glen Lake to a summer residence. It is my understanding that the lot has situate thereon a residential building other than the garage and that it is impossible to -divide this particular lot in such a £ashion that the side line requirement of the Queensbury Zóning Ordinance are ful- filled. In particular, it is my understanding that the gar- age is separated from the residential building by a distance of approximately eight feet. Since the area surrounding Glen Lake is classified as an R-4 zone, the minimum side yard re- quirements under the Schedule of Zoning Regulations which appear on the back of the Queensbury Zoning Map is five feet with respect to each side yard. Since the garage and resi- dential structure are only eight feet apart, it would be im- possible to divide the premises by imaginary lines or other- wise in such a fashion that more than one lot meeting the minimum size requirements of the Zoning Ordinance would be created without violating the side yard minimum requirements of the Zoning Ordinance. þ It is my understanding that the attorney for Mrs. Dunn has argued before the Zoning Board of Appeals that Section 6.302 of the Zoning Ordinance in essence permits the use of a structure in this situation to be used as a seasonal dwell- ing and that such may exist on a lot in addition to any other residential structure permitted and existing thereon. I do not agree with Mrs. Dunn's attorneys' argument in that regard. SETTLED 1763 , . , HOME OF NA TU RAL BEAUTY . . . A GOOD PLACE TO LIVE .' '::'~J,;;r.:'.~h,~:':}t "\.1:,.. '~i'',:'~_',p, ~1ï:'~~~. ", "-- Mr. George P. Liapes July 28, 1978 Page 2 It is my opinion that 6.302 of the Queensbury Zoning Ordinance does not authorize Mrs. Dunn to convert the garage which now exists to a seasonal dwelling unit in the absence of a grant of a variance by the Zoning Board of Appeals. I predicate that opinion on the fact Section 6.202 of the Queens- bury Zoning Ordinance which recites as follows: "Lot for Every Residential Building. Every residential building hereafter erected shall be located on a löt as herein defined and there shall be not more than one residential building on one lot, except as specifically permitted elsewhere in this ordinance. If more than one lot is located on a piece of property, each lot must meet the requirements of this ordinance". (Emphasis supplied) Section 6.202 obviously expresses the general principle of one residential building on one lot except as "specifically permitted elsewhere" in the ordinance. Although Section 6.302 does authorize seasonal dwelling units in any R-District (lakefront) or (riverfront), I find nothing in that Section which may be con~trued as specifically permitting more than -one residential building on one lot even where the second resi- dential building is a seasonal dwelltng. There is no question that the garage if converted to a seasonal dwelling, would constitute a "residential building". I believe that Section 6.202 controls this situation in the absence of an express state- ment elsewhere in the ordinance to the contrary. I do not be- lieve that Section 6.302 in any way creates such an exception. Since Mrs. Dunn's property may not be divided in a fash~on into two lots.within the same piece of property with each meeting all requirements of a side yard nature as expressed in the ordinance, I must conclude -that she is not permitted by the terms of·the ordinance to convert the garage- to a seasonal dwelling without having a variance application granted by the zoning Board of Appeals. As always, if there are any questions concerning any aspect of this matter, please do not hesitate to contact me. .. v,~/~ truly yours, "- '<1),<.,/ ; SEPH R. BRENNAN Town Counsel JRB/drn 'JI' :;'", ~~>f!-jft~ :,1J-',~t",~''1I~I~''r'''';~''r'·T·~'Tt7:"'"'·r:r:'7'''''''T-'''''~~'·-'·":""~''T',-"",,-.-~-,,~.,. - +1:-ë''''--',V-'-',r "·-c~"-;~,:riT::~~~:,~~;~f':~·k~Y~f7'7:T(-o;rR;~,:!~~~K';;'~Ji~,,,,