Loading...
1985-11-20 53 Regular meeting of the Queensbury Zoning Board of ApDeals held Wednesday, November 20, 1985 was cålled to order at 7:30 P.M. by the Chairman, Mr. Turner. Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard, Hr. Huller and Mr. Kelley Absent: None The first item on the agenda was the approval of the minutes. Þ1otion by Mr. Behr, seconded by Hrs. Goetz, all voting affirmatively, it was RESOLVED that the minutes of the October meeting are hereby approved subject to the corrections made by the Secretary to the original set of minutes. Approved. OLD BUSINESS: VARIANCE NO. 1017 -LTohn Norton After a short discussion by the Board it was decided and voted upon to change one word in the resolution. .Hotion by Mrs. Goetz, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT the word STIPULATION in Variance No. 1017 be changed to read CONDITIONS. ApDroved. VARIANCE NO. 1026 - Scott Alan Yetter Attorney Andrew Harvey was present to represent Mr. Yeller. Mr. Harvey stated for the record that all of the construction has ceased except for what has to be done to !?reserve what is already in place. Hr. Behr then asked if Mr. Harvey was aware that there was no building permit and ì'Ir. Harvey said that he was. Mr. BEhr again asked why the building had no permit. Mr. Harvey said that he could not excuse Mr. Yetter's conduct except to say it was a matter of his being eager to get his home built. Public hearing opened and closed. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was S'-l Page 2 Zoning '- RESOLVED THAT Variance No. 1026 be approved with the stipulation that nothing be done until the Real Estate closing with the City of Glens Falls and that the City approve the construction and that a Building Permit be issued before any further construction. Approved. VARIANCE NO. 1030 - Cumberland Farms, Inc. Public Hearing opened and closed. Warren County Disapproved. Letter read from the Queensbury Beautification Co~mittee Motion by Mr. Behr, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT Variance No. l030 be disapproved, there was no interest by the Corporation to have anyone present at the meeting or the October 1985 meeting. The request had no diagram presented with it as to what was already on the sign pole. (Yes vote was to disapprove Variance) Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard Mr. Muller and Mr. Kelley No - None Variance request denied. NEl1 BUSINESS VARIANCE NO. 1033 - Gifford's Mobil - Tabled VARIANCE NO. 1034 - Warren Clark - To construct storage barn with office space for existing rug cleaning business in Urban Residential 10 Zone on the property situated at 188 Dixon Road. Mr. Clark represented himself Mr. Clark showed plans and indicated that Pro Craft would be building the building. Mr. Kelley asked the reason for the 14' height and Mr. Clark answered that trucks might have to go into the building. Public Hearing Open. President of Pro Craft Buildérs said that he has tried unsuccessfully to sell the property previously. ss-- Page 3 Zoning Mr. Griffin questioned the machinery and the wood. The President of Pro Craft said that they would be removed and the wood cleared up. Mr. Clark said that he would fence the property so that Zenas Drive would not have a view of it. David Canavan, a resident of the area questioned where the fence would be. Mr. Clark pointed it out on the drawing. Mr. Satzman, 63 Zenàs drive showed concern about aesthetics. Mr. Sicard asked if there was another spot where the building could be put like directly behind the present plant. Mr. Clark explained why it was planned for this area. Resident of 61 ZenLs Drive was also opposed. Motion by Mr. Kelley, seconded by Mr. Behr, all voting affirmatively, it was RESOLVED THAT Variance 1034 be denied. The four criteria have not been met. It is materially detrimental to the pur~)ose of the Zoning Ordinance. This is also a proposal for a commercial use. (Yes Vote to deny) Yes - Mr. Behr, Mr. Griffin, Mr. Turner, Mr. Sicard, Mr. Muller Mrs. Goetz, Mr. Kelley No - None Denied. VARIANCE NO. 1035 - Sunsoval, Inc. - Represented by John Mason To construct addition to office and erect storage building for an existing general contracting firm in Lakeshore Residential. Property situated at north side of Route 9L approximately 2000 ft. east of Cleverdale Road. Hr. Mason explained the proposed addition would be a type of storage building for "cold storage" for boats or cars. We might use the storage building for storage of our customers furniture etc. This would be a type of mini storage all inside with no open storage. Mr. Turner asked Mr. !'1ason if this project "takes off" like you expect it would, you are planning to build another, am I correct? Mr. Mason said yes. Public Hearing OPen Isobel Munoff came forward in opposition to the plan. Mr. Mason interjected that he has contact and talked to most of the neighbors up and down the road. It was his feeling they had no objection. They said that they would not attend this meeting. 1)0 Page 4 Zoning Dave Klein questioned the boat storage and also the boat stored outside that is owned by Sunsoval. Also concerned about the aesthetics, traffic and other environmental problems that might arise. Mrs. Goetz asked Mr. Klein how he would feel if he just expanded the office. Mr. Klein said he had no objection to that. Mr. Sicard asked if thie proposed building would be completely enclosed on all four (4) sides and Mr. Mason said yes. Mr. Griffin showed some concern regarding the possibility of a quick launch facility. Mr. Mason said to tell him he can't put boats in there and he won't do it. He added that he is not trying to store boats, he is trying to put up mini storage buildings. Mrs. Goetz asked if he anticipated any increase in the traffic pattern there. Mr. Mason said that they operate maybe eight (8) vehicles owned by the firm and anticipates no increase. The building would only be open during normal business hours. Mr. Munoff came forward also opposed. Mrs. Goetz asked Mr. Munoff how he would feel if the office space was expanded only. M.r. Munoff said maybe if he had had plans to review but without that he couldn't say. More questions regarding traffic. Mr. Mason said stated that he was not planning to purchase any more heavy equipment and at the present time he has just one back hoe. There will be very little increased traffic. He added that they owned the property before it was zoned residential, in fact they owned it before there was even zoning. Mr. Mason stated that if the Board would be willing to grant the variance for just the office building, he would accept it. If you could approve with the stipulation no rental of bins, just for my consturction business that would be fine. Hal Haliday came forward also in opposition -1 j Page 5 Zoning Mrs. Klein came forward and questioned security of the area and also concerned about the traffic. Queensbury Beautification Committee approved. Warren County Planning Approved. Mr. Mason again stated that he would be more than willing to accept any stipulation for his own use. Mr. Munoff came up again and questioned increased noise in the area. Motion by Mr. Muller, seconded by Mrs. Goetz, all voting affirmatively, it was RESOLVED THAT Variance No. 1035 be approved as follows: Approve the increase of the size of the office building 16 x 24'. Demonstrated hardship as in 1979, reasonable request. Failed to prove additional hardship for warehouse operation. There would be no change in the character of the neighborhood with the increase in the size of the office building. Approved. VARIANCE NO. 1036 - Richard C. Rogge - to place dwelling with 28.83 ft. setback from Amy Lane in lieu of the required 30 ft. setback in Suburban Residential zone property at corner of Sherman Ave. and Amy Lane. Attorney Robert Stewart explained that the contractor made the mistake and Mr. Rogge said that he would clear up the problem at his expense. Public Hearing opened and closed. Motion by Mr. Behr, seconded by Mr. Kelley all voting affirmatively, it was RESOLVED THAT Variance No. 1036 be approved. There is no adverse affect on the neighborhood with the hardship being put on them bv the contractor that is irreversible Approved. VARIANCE NO. 1037 - Hary and Clarence Brown - to eventually build dwelling on lot which does not meet the required lot width in Single Family Residential 30 Zone. Property located east side Country Club Road approximately 1500 ft. south of Blind Rock Road. Mr. Sicard asked Mr. Brown if he had owned the lot a long time and Mr. Brown said it had been in the family for years. Public Hearing opened and closed. ,~ Page 6 Zoning Motion by Mr. Turner, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance No. 1037 be approved. The practical difficulty is that it cannot be used as zoned without a variance. This is a minimum request variance. Approved. VARIANCE NO. 1038 - John B. Labourr - to place addition to dwelling with l~ss than the required setback. Property at south side Fox Road corner of Jennifer Lane. Mr. Turner asked how long Mr. Labourr owned the house and he answered that he owned it for about 12 years. Mr. BEhr asked if there was any reason they couldn't put the garage to the rear. Mr. Labourr said that if it were to be put to the rear he couldn't put the solar addition onto the house that is being planned. Public Hearing opened and closed. Warren County Planning Board approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance 1038 be approved. The change of zoning is the practical difficulty. Approved. VARIANCE 1039 - David and Mary Ellen Seaman - to construct a single family dwelling with less than required setback on property located Lot 23 Fox Road off Upper Ridge Road. Mr. Seaman said that the house was about 90% completed and he received a phone call and we were told that the building permit was issued in error. Public Hearing Open Mr. Sciano explained to the Board how the house is set on the lot. Public Hearing closed. Warren County Planning Board approved. Motion by Mrs. Goetz, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance 1039 be approved. The practical difficulty. The Town Building Department issued the permit in error and they were advised of the problem when the building was 90% completed. Approved. 51 Page 7 Zoning ~ VARIANCE NO. l040 - George Pfeiffer - to place greenhouse with 10 ft. setback in lieu of required 30 ft. Property located Glendale Drive. Mr. Pfeiffer represented himself. Mr. Behr asked why the garage couldn't be taken down and the new greenhouse put there. ~1r. Pfeiffer mentioned that there is a signed lease tenant and he dosen't want the garage down. Public Hearing opened and closed. Letter from Mr. Schutte - objecting Warren County Planning Board approved. Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance No. 1040 be approved. The applicant has shown practical difficulty in that he couldn't meet the set back requirement and there would be no adverse affect on the character of the neighborhood. Mr. Pfeiffer owns all the surrounding property. Approved. VARIANCE NO. 1041 Charles and Lois Kingsley - to construct a single family dwelling on lot less than the required square footage. Property at Baker Road approximately 400 ft. from West Þ10untain Rd. Mr. & Mrs. Kingsley represented themselves. Mr. Kingsley said he put a deposit on the land and found out about the problem. If it isn't approved he will have to buy somehere else. Public Hearing oDened and closed. Warren County Planning Board approved. Motion by Mr. Behr, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 1041 be approved. This is a sub- standard ilindersized lot and cannot be used for anything zoned. The practical difficulty has been demonstrated. Approved. ---- VARIANCE NO. 1042 - Joseph Guerra - to place addition to dwelling with less than required side yard setback. Lakeshore residential. Property at Seelye Road, Cleverdale and on Lake George. 00 Page 8 Zoning Board '- Mr. Guerra was represented by Joseph Roulier Mr. Roulier mentioned that the Dr. owns the land to the South so there would be no adverse affect on the neighborhood. The house to the North is approximately 6' to the property line. Mr. Kelly said you are saying from the drawings that you are to build on an additional 6', Mr. Roulier said yes. Mr. Kelly said that this is supposed to allow for two closets in the bedrooms. This would put it right to the line. Public Hearing opened and closed. Warren County Planning Board disapproved. Motion by Mr. Behr, seconded by Mr. Griffin all voting affirmatively it was RESOLVED THAT Variance No 1042 be denied. The request is excessive and no hardship has been shown .with as much property that there is and the present size of the buildings. There is recourse in that the two lots could be combined or the present size of the two (2) lots could be changed by changing the boundary line between the 2 properties. (Affirmative vote was to deny.) Variance denied. VARIANCE NO. 1043 - Dr. and Mrs. Douglas Petroski - to construct and operate a gym/dance studio in Light Industrial 1 Acre Zone property southeast corner Homer and Everts Avenues. Represented by Attorney John Richards who first introduced Mr. Armando, the contractor involved with the project. Mr. Armando said that this a pre-engineered structure and will be professional landscaped. The building meets all energy require- ments. There won't be any great amount of traffic at anyone time, only as the students come and go. Mr. Behr asked the hours and how many days a week. Mrs. Petroski said it would be six (6) days a week and generally from 3 to 9 or 9:30. Mr. Richards presented a letter from WBZA stating that they had no objections. He also said he didn't think a variance was needed. This would come under light industrial. Public Hearing OPen. '- Mr. Parrot - Homer Avenue spoke in favor. Mr. Myerberg - Also in favor. o ( Page 9 Zoning ~' Bertha Ross - in favor this would be a fantastic improvement there. Motion by Mr. Muller, seconded by Mr. Kelly, all voting affirmatively, it was RESOLVED THAT Variance No. 1043 be approved. The applicant has shown the elements necessary to prove hardship on the property demonstrated by letter offered that the property has been offered for sale but has never sold prior to the interested parties. The use itself will not be detrimental to the character of the neighborhood. The use itself is light industrial. The shape of the lot requires some set back relief which they should be allowed to construct this building 13' from the rear. Approved. VARIANCE NO. 1044 Dianne ~1. Barber - to construct new dwelling at less then required shoreline setback. Property at Lake Sunnyside. Ms. Barber noted that the building there previously was destroyed by a fire. Mr. Behr asked how long she owned the building. Ms. Barber said about 14 years. Public Hearing OPen Richard Cutting - No objections, Ms. Barber said that she would like to have the house closer to the lake. This would enable emergency vehicles access to the area. Letter from Robert and Betty Monahan - No objections. Motion by Mr. Kelly, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT Variance No. 1044 be approved. Applicant has shown practical difficulty in having undersize pre existing lot. This request is not detrimental to the Zoning Ordinance and will be an improvement not only to this property but to the safety of others. Approved. Motion by Mr. Turner, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT THE MEETING ADJOURN. SiØ¿;Ç2/~ .' CHAI RMÃN