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1981-02-18 - .. -------.....-..........".. ¿J. MINUTES QUEENSBURY ZONING BOARD OF APPEALS February 18, 1981 7:30 p.m. Present: Kirkham Cornwell, Chairman Theodore Turner, Secretary Daniel Griffin Susan Goetz Sjoerdje Richardson R. Case Prime Charles Sicard League of Women Voters - Judy Casey Post Star - Barbara Stone Mrs. Richardson offered a motion to adopt the minutes of January 21, 1981, seconded by Mr. Sicard. All in favor with the exception of Mr. Turner and Mrs. Goetz who abstained inasmuch as they were absent from the January meeting. APPLICATION FOR INTERPRETATION No.3 - Jerry Brown, Big Boom Rd. M-l Mr. Brown present. Discussion focused on which zone classification Mr. Brown's proposed business would most properly fit. It was de- cided, after further research by the Board following the January meeting, that C-3 would be the proper classification and that Mr. Brown would require a variance. Mr. Prime offered a motion, seconded by Mrs. Richardson that this would be a commercial C-3 use rather than M-l. Motion carried unanimously. YARIANCE No. 690 - Loren Blackburn, 252 Bay Road - R-4 Mrs. Blackburn present. Motion by Mrs. Richardson, seconded by Mr. Sicard to table this request until Mr. Blackburn appears to make his presentation. Motion carried unanimously. VARIANCE No. 691 - David Zack, Glén Lake, off Fitzgerald Rd. R-4 Mr. Zack present. Mr. Zack proposes to construct a one-family dwelling on a lot that does not front on a public road with a ten foot deck in front (20 ft. setback from lake). Property is located on Glen Lake on a private road located off Fitzgerald Rd. Mr. Marshall expressed concern about the grade of road and right of way. He was advised that his concern would be a civil matter. Motion by Mr. Sicard, seconded by Mr. Griffin to grant this variance. All Board members voted in favor with the exception of Mrs. Richardson who abstained. RESOLVED: The Board granted approval of this variance in concurrence with the Queensbury and Warren County Planning Boards. Practical difficulty was shown because of the nature of the lot. , . ¿3 Page Two SPECIAL PERMIT No.c "94 - McDonalds Corporation, Aviation Mall C-3&R-5 Mr. Taylor McDermott present. Permit request to place a 14 ft. by 60 ft. addition to restaurant on existing mall on the property situated at Aviation Mall, Aviation Rd. Mr. McDermott presented plans of proposed addition with greenhouse effect. Mr. Prime questioned control of snow and rain on sidewalk as well as traffic control. The Board granted unanimous approval for this Special Permit. RESOLVED: The Board granted this Special Permit. 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board det~rmines that there is appropriate pro- vision for access facilities adequate for the estimated traffic from public streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. 4. That there are full adequate parking areas and off- street loading spaces, in conformity with the proposed parking requirements of the zoning ordinance of the Town of Queensbury and all other related ordinances. 5. That suitable plançing or screening has been required as follows: Maintenance of original Mall Planting Plan. 6. That such use is of the same general character as, or will not be injurious to, the surrounding neighborhood or district. VARIANCE No. 692 - HiValu Gasoline Corporation (Gasland) C-l Zone 81 Main St. (Corner Pine St.) Mr. Conrad Decker, commercial real estate consultant, present. To place a canopy over gas pumps with 5 ft. front setback in lieu of the required 30 ft. front setback in a C-I zone. Discussion of present sign violations. Mr. Tarzanski, president of company will take care of violations as soon as he returns to town (today or tomorrow). The Board expressed displeasure with former tenants and terrible condition of station. Asked that this message be taken back to the president. Mr. Decker presented revised plans to the Board. Mr. Sicard moved to grant this variance, seconded by Mr. Turner. Motion carried unanimously. RESOLVED: The Board granted this variance in concurrence with Queensbury and Warren County Planning Boards as follows: , .~1t:~,;i;p-~·';#>'iW~!.< ~----··j:'.;:"·Iii~'" (;.-I~JO'"\,,!,.._<,;;,J{\~,,,~;r¡~" &'1 Page Three Hi-Valu cont'd. 1. That the canopy setback 17 ft. from front property line. 2. That the storage building be moved to meet the standard setbacks. 3. That if the station is abandoned that the pumps, outside lights, canopy and miscell- aneous outdoor equipment will be removed. VARIANCE No. 693 - Joe Roulier, Route 9L near Warner Bay Mr. Joe Roulier present. Proposal to use an existing garage for office and storage for small contracting business in R-3 Zone. Mr. Mead commented on the sloppy operation across the street from Mr. Roulier. Mr. John Mason said this would be a welcome addition to the area. Motion by Mr. Turner, seconded by Mr. Sicard to grant variance. Motion carried unanimously. Everyone visited site. RESOLVED: The Board granted this use variance as it is reasonable use of the land because of the commercial establishments in the area. The property will be screened from the road by a 6 ft. high stockade fence. VARIANCE No. 694 - Sunsoval, In~. (John Mason) on Lake George, Pilot Knob Rd. R-l Zone Mr. John Þfuson and Mr. Frank DeSantis, Esq. present. To construct docks as an accessory use on a residental lot without a principal use in R-l zone on the property situated on Lake George, Pilot Knob Rd. ~r. ~ßson read a prepared statement pertaining to dock density, the project site versus the neighborhood in general. Statement included in Mr. Mason's file. Mr. Mason suhmitted information that had been given r~. Eddy of the Beautification Committee. Mr. Eddy had made a list of sup,~estions of ways to alleviate the problem of Miss James, a pronerty owner ad;oininp- the 'Mason property. ~~. Cornwell pointed out that the variance reauested is a use variance- the use of that lot which is pri.marily zoned as a single family residence lot and really should be used for a single family residence. The question is not putting in docks - if there was a residence on that lot tAr. Mason could put in docks as an accessory use. Mr. DeSantis believes that Section l0.2n2 addresses itself to a situation where hardship is not necessary to be shown. If the requested , '-"':'~""'''''''_i\Ia;.!.~~ ;...."'~"'...,.;....,,~..~','.-,-:::'":'~"':"~:-" .. ¿5 Pa~e Four use, which admittedly is at variance with the stated principal use in that area, is in ~eneral harmony with the area itself. Mr. MBson is tryin~ to show that this is a sinv.le family d~tached dwell- in~ area as zoned, but also utilized to a great extent as basically access to the lake throup,h the means of docks. The important thing is whether the R-l zone is p,oing to be detrimentally affected by this. We believe our proposal is in ~eneral harmony with the use presently existing in this area. Mr. Mason gave a brief summary of what has transpired to this date. Refer to minutes of last meetin~. Speaking in favor of granting this variance: Mr. James ~~onev - Warner Bay ~1s. Janine VanAmhurgh - Cleverdale ~r. Jesse Rettig - Pilot Knob Mr. Neil Tannis - Warner Bay Neither for nor a~ainst: Miss Wait - Kattskill Bav ~r. Bill Hall - Rockhurst ~r. Richard Philo - Kattskill Bay Mrs. Susan Mooney - Warner Bay tþ Agains t : Mr. Don Krebs - Kattskill Bay Mr. Mark McCollister - Seeley Rd. (Pres. of KBA) Mr. Charles Didio - Kattskill Bay Miss Alice James - Kattskill Bay Mr. John Tarrant - Kattskill Bav Ms. Katie Boyd - Warner Bay - Letters against: Mr. and Mrs. Boyd - Warner Bay r.ladys Beals - Warner Bay Mark and Linda McCollister - Seeley Rd. Mark Mc Collister - Pres. KBA Shirley and Charles Faulkner - Seeley Rd. , ';'''';~'i4',i~~.~v' ¡;$ !!:.i~.\<iJ,~~:t"{'.,i",;;.,.~A'!~:~4\",:· r.1.i~~~:¡¡,~;;,j¡~':::";""":";,¡,·",,,o,,;,-,, " foro Pa~e Five Mrs. ~oetz made a motion, seconded by Mr. Cornwell to deny variance. In favor of motion: Mr. ~riffin, Mrs. r-oetz, Mr. Cornwell, Mrs. Richardson Against: Mr. Sicard, Mr. ~jme. Motion carried. ~I/~ RESOLVED: The Board denied this variance as it does not meet the reauirements of the Rl Zone, and that a reasonable return can be realized if used as zoned. The Quality of the neighborhood will deteriorate by granting this variance. NOTICE OF APPEAL No.2 - Sunsoval, Inc. (John ~.{ason) R-l Zone on Lake ~eorge, Pilot Knob Road An appeal of revocation of building permit No. 6438 issued 7/3/80 and revoked 12/22/80 on the property situated on Lake r-eorge, Pilot Knob. Motion by Mr. Prime, seconded by Mrs. Richardson to deny the appeal. MOTION: Based upon the notice of appeal filed on January 8, 1981, and the documentation submitted by Mr. Mason and on the response by the town attorney and all the other documents that constitute the Appeal No. 2 of the revocation of building permit #6438 be denied on the ~round~ that the" zoning ordinance does provide that the building inspector has the right to revoke an ille~ally issued building permit, and that the Town of Oueensbury does have jurisdiction over docks which abut the land of the Town of Oueensbury in Lake f:eorp.;e. Vote on motion as follows: Daniel f;riffin Susan ~oetz Theodore Turner Kirkham Cornwell Charles Sicard Sjoerdje Richardson R. Case Prime - No - Abstain - No - Yes - No - Yes - Yes The meeting was adjourned on a motion by Mr. Turner, seconded by Mr. Sicard. ~~rman ,