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1986-09-17 ~ ,~ \./ ~ '----.. J7Lf QUEENSBURY ZONING BOARD OF APPEALS Regular Meeting held: Wednesday, September 17, 1986 @ 7:30 P.M. Present: Gustave Behr, acting Chairman Charles O. Sicard Jeffrey L. Kelley Stuart F. Mesinger, Senior Planner Susan Goetz, Secretary Daniel S. Griffin . Michael Muller S~an E. Davidsen, Stenographer Absent: Theodore Turner, Chairman The meeting was called to order at 7:30 P.M. by Gustave Behr, acting Chairman who at this time asked for a motion for approval of the August 1986 minutes. Susan Goetz made several cOlTections in regards to the August 1986 minutes. Motion by Charles O. Sicard, second by Susan Goetz, all voting affirmatively, RESOLVED THAT the minutes of the August 1986 meeting are hereby approved subject to cOlTection. Approved. NEW BUSINESS AREA VARIANCE NO. 1140 - Susan Goetz introduced the applicant as Bruce Frulla of Library Avenue Extension, Wa1Tensburg, New York. Bruce Frulla's proposed use and location of the property was stated: to construct a duplex on a .9Z acre parcel (approximately 40,300 square feet) in lieu of the required 43,000 square feet on the property situated between Corinth and Pitcher Roads, ZOO feet west of VanDusen Road in a Suburban Residential 30 Zone. Bruce Frulla represented himself and submitted a letter into the record regarding the difficulty in selling the property. Susan Goetz stated that the issue is not the allowable use of the property, instead it is the area shortage of .08 acre. A question was asked as to whether other property could be purchased. The answer was "No". Bruce Frulla supplied the Board with a plot plan of the proposed duplex with (Z) two entrances on Pitcher and Corinth Roads. Public Hearing Opened: Ronald Akins, who resides across the street asked to see a site plan. He stated that he was not objecting to the proposed project, but objected to the en.trance on Corinth Road, stating that it is unsafe. Public Hearins¡ Closed. Susan Goetz read the resolution by the Wa1Ten County Planning Board for the proposal 1 ..1..,_,.,..... _,""_ ""--"'- ~ 175 '---' which was approved without comment. Charles O. Sicard asked Bruce Frulla what hardship would it be to him to not have Corinth Road used as an entrance. Bruce Frulla stated that he would not have (2) two private entrances. A motion was made by Jeffrey L. Kelley to approve the variance based on the fact that a practical difficulty has been demonstrated. There is ample land for placement of the proposed duplex without infrin~ing on setbacks. Second by Charles O. Sicard, all voting affirmatively RESOLVED THAT Variance No. 1140 be approved as the applicant has demonstrated practical difficulty in that he has ample land with no infringement on the sideline setbacks. Ap¡roved. AREA VARIANCE NO. 1141 Susan Goetz introduced the applicant as Charles and Ellen Hodge of 8 Prospect Drive, Queensbury, New York. Charles and Ellen Hodge's proposed use and location of the property was stated: to construct a carport with less than the required side setback - (4) four feet (9) nine inch setback in lieu of the required (10) ten feet on the property situated at 8 Prospect Drive in an Urban Residential 5 Zone. ) Karen Stockwell represented Charles and Ellen Hodge, her parents. Karen Stockwell stated that her father, Charles Hodge is disabled and that approval of the proposed project will help in regards to easier access to the house. Daniel S. Griffin stated that the fence between the lots was not on the property line. Also, a question concerning the enclosure of the carport was asked by Susan Goetz. Karen Stockwell replied and confirmed that the front would not be closed, otherwise it would be a garage. Public Hearing Opened: no comment Public Hearing Closed. A motion was made by Daniel S. Griffin to approve the variance based on the fact that all lots in the neighborhood are small. In addition, a health problem demonstrates practical difficulty. There is no adverse effect on the neighborhood since there are other carports in the area. Second by Michael Muller, all voting affirmatively RESOLVED THAT Variance No. 1141 be approved as the applicant has demonstrated practical difficulty due to a health problem. Also, the lots are small and there is no adverse effect on the neighborhood since there are other carports in the area. Approved. ~ 2 ,"-, J70 AREA VARIANCE NO. 114Z "-' Susan Goetz introduced the applicant as Walter and Maria Fisher of Nottingham Drive, Glens Falls, New York. Walter and Maria Fisher's proposed use and location of the property was stated: to use a (19) nineteen acre parcel of property for farming, to include livestock boarding and rearing, annual and perennial planting, and harvesting grains and fruits in a Light Industrial lA Zone on the property situated on the west side of County Line Road, east of the Warren County Airport. Gustave Behr stated that there were (3) three other zoning classifications nearby. Walter and Maria Fisher represented themselves. Walter Fisher stated that his ownership of the property was contingent on the approval of the proposed variance by the Board. There was much discussion between the board members and Walter Fisher in regards to his reasons for farming in a Light Industrial Zone. Also, there was concern as to the length of time that this parcel of property has been for sale. Walter Fisher said that there was insufficient demand for Light Industry in Queensbury, at the present time, to use the propel"ty as presently zoned. Granting the variance would improve the appearance of the pl"opel"ty and would not prevent the land from being used for industrial use in the future. Public Hearing Opened: A neighbor residing to the south of the property stated that the parcel has been for sale for approximately (6) six years, specifically referring to a sign advertising the sale of said property. There was also doubt as to the technicality of the name given to the road (known as County Line Road) situated on the east side of said property. A cOlTection was in order and noted. The name of the road, technically, is Queensbury A venue. -, Public Hearing Closed. Susan Goetz read the resolution by the Warren County Planning Board for the proposal which was approved without comment. A motion was made by Charles O. Sicard to approve the variance, stating that this would be good use of the property at the present time. Furthermore, at any later date the use can be changed back for the purposes of Light Industrial usage. Financial hardship has been demonstrated by the neighbor's statement that the property has been for sale for (6) six years for Light Industrial use. Second by Michael Muller, all voting affirmatively RESOLVED THAT Variance No. 114Z be approved as the proposal is a good use of the property at the present time. Also, at any later date, the use can be changed back to Light Industrial use. Financial hardship has been demonstrated by a neighbor's statement that the property has been for sale (6) six years for Light Industrial use. Approved. ~ 3 /77 AREA VARIANCE NO. 1143 ~ Susan Goetz introduced the applicant as John W. Cornell of Route 40, Box 2048, Hartford, New York. John W. Cornell's proposed use and location of the property was stated: to replace an existing camp with a year-round dwelling. The existing camp has a (38) thirty eight foot setback from Glen Lake. The new house would be (40) forty feet from the lake on the property situated off of Hall Road on Glen Lake in a Single Family Residential 30 Zone. John W. Cornell represented himself and stated that there is a problem in regards to the location of the septic system for the proposed new house. John W. Cornell had previously received a variance to place the new house at a (45) forty-five foot setback from the lake. However, when the property was surveyed it was discovered that the house would be nearly on top of the septic system at (45) forty-five feet from the lake; therefore the applicant now wished to place the building at a (40) forty foot setback. Public Hearing Opened: no comment Public Hearing Closed: Susan Goetz read the resolution by the Warren County Planning Board for the proposal which was approved without comment. ") A motion was made by Charles O. Sicard to approve the variance, stating that this is a reasonable request based on the fact that a survey was done in regards to the location of the septic system which was accurately designated. Second by Michael Muller, all voting affirmatively RESOLVED THAT Variance No. 1143 be approved as this is a reasonable request. A survey was done and the location of the septic system was accurately designated. Approved. USE VARIANCE NO. 1145 Susan Goetz introduced the applicant as Ellen A. Morgan of R. D. #4, Corinth Road, Glens Falls, New York. Ellen A. Morgan's proposed use and location of the property was stated: to place a mobile home on a parcel of property, outside of a zone designated for single site mobile home placement on the property situated on the south side of Corinth Road, across from VanDusen Road in a Urban Residential 10 Zone. Emily Akins represented Ellen A. Morgan, her daughter. Emily Akins stated clearly that this was only a temporary usage of the property so that her daughter could have the chance to "get back on her feet", financially speaking. A one year-renewable variance was asked to be granted. Gustave Behr stated that at the end of the year the applicant would have to apply and appear before the Zoning Board of Appeals again if an extension was desired. Mr. Akins intervened and proceeded to ask for approval of the variance for ~ 4 17<6 '---' (3) three years. Daniel S. Griffin questioned what would be an appropriate length of time for a temporary variance. He also stated that all requirements of the building code would have to be met if a temporary variance were granted. Public Hearing Opened: no comment Public Hearing Closed. Susan Goetz read the resolution by the Warren County Planning Board for the proposal which was denied based on the fact that the property is not zoned for mobile homes and that this variance would be detrimental to the intended character of this residential neighborhood. The Board then discussed the requirements for granting a use variance. Michael Muller and Gustave Behr both agreed and stated that a financial hardship had not been demonstrated - there was no evidence presented that showed that the property could not yield a reasonable return if used as presently zoned. Board members noted that the question of how long a temporary variance should be granted for was moot if the tests for issuing a Use Variance could not be met to begin with. A motion was made by Jeffrey L. Kelley to deny the variance. He stated that said proposed use does not meet the criteria for granting the use variance although we, the board members, are sympathetic to the testimony presented this evening. Second by Michael Muller, all voting affirmatively \') RESOLVED THAT Variance No. 1145 be denied as the use does not meet the criteria for granting the use variance - although we are sympathetic to the testimony presented this evening. Denied. AREA VARIANCE NO. 1146 Susan Goetz introduced the applicant as Don J. and Diana R. Siano of Box 133, Star Route, Fox Road, Glens Falls, New York. Don J. and Diana R. Siano's proposed use and location of the property was stated: to construct a hew home at less than the required (50) fifty feet setback on all sides on the property situated at the north side pf Fox Road, off of Upper Ridge Road, east of Jennifer Lane and, west of Hunter Lane in a Land Conservation 42 Zone. Don J. Siano represented himself and stated that a cOITection was in order in regards to the specific directions of the surrounding public roadways in conjunction with said property. The cOITection was: "...on the property situated...west of Jennifer Lane and, east of Hunter Lane...". Also, the house was to be (72) seventy-two feet long, not (69) sixty-nine as stated in the application. Therefore, there was an additional (3) three foot encroachment on the side setback. Jeffrey L. Kelley asked Don J. Siano why the house was not centered on the lot. ~ 5 171 ~ Don J. Siano's reply and reason was to have a larger lot on one side of the house with a garage. Gustave Behr stated that this was a preexisting - nonconforming subdivision. The lot sizes are such that none can meet the Town's cUlTent setback requirements. Public Hearing Opened: no comment Public Hearing Closed. Susan Goetz read the resolution by the Wan-en County Planning Board for the proposal which was approved without comment. A motion was made by Daniel S. Griffin to approve the variance based on the fact that practical difficulty was demonstrated. The setbacks cannot be met as this subdivision was established before the present zoning requirements. The Board has granted other variances in the area. Second by Charles O. Sicard, all voting affirmatively RESOLVED THAT Variance No. 1146 be approved based on the fact that practical difficulty is demonstrated. The setbacks cannot be met as this subdivision was established before the present zoning requirements. The Board has granted other variances in the area. Approved. \,¡" AREA VARIANCE NO. 1147 Susan Goetz introduced the applicant as Allen Rozelle, Jr. of R. D. :/f2, Box 229, Fuller Road, Glens Falls, New York. Allen Rozelle, Jr.'s proposed use and location of the property was stated: to build an addition on an existing dwelling with a (12) twelve foot side setback in lieu of the required (20) twenty foot side setback on the property situated at the corner of Main and Rozelle Streets in a Highway Commercial 15 Zone. Gustave Behr clarified the location of the proposed addition to the dwelling. Further, he asked what trees would be removed. Daniel S. Griffin asked if this was a (2) two family house. Mr. Rozelle's answer was "Yes". Public Hearing Opened: no comment Public Hearing Closed. Susan Goetz read the resolution by the Wan-en County Planning Board for the proposal which was approved without comment. A motion was made by Susan Goetz to approve the variance based on the fact that a practical difficulty has been demonstrated. The area was previously zoned Residential when the house was built. The present setback requirements are unreasonable given the ~ 6 ¡<¡f) v fact that the house was built so long ago. Second by Daniel S. Griffin, all voting affirmatively RESOLVED THAT Variance No. 1147 be approved as the applicant has demonstrated practical difficulty. The area was previously zoned Residential when the house was built. The present setback requirements are unreasonable given the fact that the house was built so long ago. Approved. AREA VARIANCE NO. 1148 Susan Goetz introduced the applicant as Truman W. Gleason of R. D. :/f4, Box 505, Big Bay Road, Glens Falls, New York. Truman W. Gleason's proposed use and location of the property was stated: to replace an existing older mobile home with a newer mobile home with a (19) nineteen foot setback in lieu of the required (20) twenty foot setback on the property situated on the west side of Big Bay Road, approximately (300) three hundred feet south of Corinth Road in Light Industrial 1 Zone. Mrs. Gleason represented herself. Gustave Behr asked if a variance was given previously since they are situated in a Light Industrial Zone. Mrs. Gleason stated that the trailer was a preexisting nonconforming use. Susan Goetz verified the exact location of the trailer and the property location. \. Charles O. Sicard asked if the reason for the variance is because of a wider trailer being bought? Mrs. Gleason answered "Yes". Public Hearing Opened: no comment Public Hearing Closed. Susan Goetz read the resolution by the Wan-en County Planning Board for the proposal which was approved without comment. A motion was made by Michael Muller to approve the variance. He stated that the (1) one foot requested is reasonable. It is a minimum relief to modernize an existing mobile home. Second by Charles O. Sicard, all voting affirmatively RESOLVED THAT Variance No. 1148 be approved. The (1) one foot requested is reasonable. It is minimum relief to modernizing an existing mobile home. Approved. ~ 7 1<1/ \.../ USE VARIANCE NO. 1149 Susan Goetz introduced the applicant as Marjorie Johnson of 372 Ridge Road, Glens Falls, New York. Marjorie Johnson's proposed use and location of the property was stated: The applicant desires the placement of a mobile home which will be utilized for residential purposes outside of a zone designated for single site mobile home placement on the property situated on the corner of Feld Avenue and Columbia Street in an Urban Residential 10 Zone. Garfield Raymond of 320 Bay Road, Glens Falls, represented the applicant. Gustave Behr questioned the lot size. This was clarified to be (10,170) ten-thousand one-hundred seventy square feet. Garfield Raymond stated that this would be a newer mobile home and would be an upgrade to the neighborhood. Gustave Behr raised the issue of whether or not a hardship is demonstrated due to the fact that this mobile home will be used for rental purposes. Garfield Raymond answered, "Yes there would be. You could not construct a single family residence in that area at an economic factor - that you could charge that kind of rent for. A placement of a mobile home onto that property would allow you to charge a fair and reasonable rent and get fa fair return on your money - whereas you wouldn't be able to do that if you constructed a single family residence. Also, I think that the area should be rezoned commercial because basically that whole area is commercial." Gustave Behr brought up an issue concerning the location of the septic system. Garfield Raymond assured Gustave Behr that it would be in compliance with the Building Codes. Another issue was raised in regards to the setbacks. Garfield Raymond said that the mobile home would comply with all setback requirements. / Gustave Behr stated that the Board is faced with a similar situation as in an earlier case. There is, again, no firm proof that the property cannot yield a reasonable return if used aspresently zoned. Susan Goetz stated that the Board has granted other mobile home variances in this area because of the general character of the neighborhood. Public HearinR Opened: no comment Public HearinR Closed. Jeffrey L. Kelley asked if the applicant has tried to sell the property as a building lot for a single family residence. Mr. Raymond replied, "No." Gustave Behr stated that the adjacent lot owned by the applicant has a single family dwelling on the lot. Mr. Raymond said that this structure is dilapidated and that a newer mobile home would be' an improvement. He reiterated his belief that the lot could not be sold for single family residential purposes. The Board discussed the legal tests for a Use Variance. The Board agreed that while a mobile home would not be out of character for the neighborhood, there was no hard .~ 8 1<6~ ¡ \...,..I evidence showing that the property could not yield a reasonable return if used as presently zoned. Mr. Raymond asked that the Board table the application so that he could obtain more evidence in regards to the value of the lot for single family residential use. A motion was made by Charles O. Sicard to Table the application based on the fact that more information is needed in reference to the value of the property for single family residential use. Second by Michael Muller, all voting affirmatively RESOLVED THAT Variance No. 1149 be tabled. More information is needed in regards to the value of the property for single family residential use. Tabled. USE VARIANCE NO. 1155 Susan Goetz introduced the applicant as James V. Ellsworth of R. D. 4fl, Lake George, New York. James V. Ellsworth's proposed use and location of the property was stated: to construct a one-family dwelling on a lot that does not front on a public road on the property situated on the south side of Dream Lake, off of north Sunnyside Road in a Suburban Residential 30 Zone. -¡ .l Mike Hanley introduced himself and stated the he is the person intending to buy the property. The property does not front on a town road, however, he has a deeded Right of Way through the property belonging to several adjacent property owners. Public Héaring Opened: Betty Zverblis, an adjacent property owner, asked from whom did Mike Hanley get the Right of Way. Mr. Hanley outlined the properties over which the Right of Way passed. Frank Zverblis questioned whether this Right of Way existed. Mr. Hanley stated that he was sure that it did, but that before going through the expense of deed searches, etc., he wanted to be sure that he could get the variance. Public Hearing Closed. Susan Goetz read the resolution by the WalTen County Planning Board for the proposal which was approved without comment. A motion was made by Daniel S. Griffin to approve the variance provided that a documented Right of Way exists for said property. In addition,· similar variances have been granted in this area. Second by Charles O. Sicard, all voting affirmatively RESOLVED THAT Variance No. 1155 be approved provided that a documented Right of Way exists for the property. Similar variances have been granted in this area. ~ 9 1~3 G Approved. USE VARIANCE NO. 1156 Susan Goetz introduced the applicant as Queensbury Gardens of Rudley Place, Glens Falls, New York and Abraham Rudnick being the owner. The proposed use and location of the property was stated: to construct (2) two apartment buildings to an existing apartment complex on the property situated at Angel Lane in a Single Family Residential 10 Zone and a Plaza Commercial 1 Zone. Lynn Havens represented the applicant.".She det[¡iled the dates that the previous ~ ct1ii1<7 >'1.0 ~io{ . apartments were erected on the property/' ~ BetIB.! hat the area was prevIously zoned for multifamily dwellings. Abraham Rudnick stated that he thought the previous zoning should have been continued. Daniel S. Griffin said that given the character of the neighborhood there was no realistic way to build single family residences. He also noted that the existing apartments were of high quality and that the property has split zoning. Public Hearing Opened: no comment Public Hearing Closed. ---: Susan Goetz read the resolution by the WatTen County Planning Board for the proposal ,~ which was approved without comment. A motion was made by Jeffrey L. Kelley to approve the variance based on the fact that the development met zoning requirements when it was started and that rezoning caused split zoning. Unnecessary hardship is imposed due to zoning. Second by Charles O. Sicard, all voting affirmatively RESOLVED THAT Variance No. 1156 be approved. When the development started it met the zoning requirements at that time. Rezoning caused split zoning, thereby unnecessary hardship is shown through no fault of the owner. Approved. AREA VARIANCE NO. 1157 Susan Goetz introduced the applicant as Harry K. Tripp of 27 Orchard Street, Glens Falls, New York. Harry K. Tripp's proposed use and location was stated: to construct a one-family dwelling with a (10) ten foot setback on each side in lieu of the required (30) thirty foot combination for both sides on the property situated on the east side of Eldridge Road, off of Aviation Road (north side) in a Suburban Residential 20 Zone. Mr. Jeff Nelson appeared on behalf of the applicant. He described the proposed ~ ~ 10 G '-.,. ~. /55' If home as being a small modular home. He noted that the lot is a preexisting - nonconforming lot which is undersized; thus the need for a variance on the side setbacks. Mr. Nelson stated that the applicants were not able to purchase land from the adjoining landowners. Gustave Behr asked whether a smaller house could be built to conform to setback requirements. Mr. Nelson said that the proposed house was already quite small. Public Hearing Opened: no comment Public Hearing Closed. Susan Goetz read into the record a letter from Randall and Shen-y Grippin who are opposed to the variance. The Grippin's own a large house across the street from the lot in question which they have been unable to sell for the past (2) two months. They are concerned that if the variance is granted the value of their property will decline and be more difficult to sell. Jeff Nelson said that in his opinion, a new house would improve the appearance of the neighborhood. A motion was made by Michael Muller to approve the variance based on the fact that practical difficulty is demonstrated. It is a preexisting undersized lot. The proposed house is small. Minimum relief is granted to construct the house. Second by Charles O. Sicard, 5 yes: Sicard, Griffin, Muller, Behr, Kelley 1 no: Goetz RESOLVED THAT Variance No. 1157 be approved. Practical difficulty is demonstrated. Minimum relief is granted to accomplish what they would like to do. Approved. A motion was made by Charles O. Sicard to adjourn the meeting. Second by Michael Muller, all voting affirmatively RESOLVED THAT the meeting adjourn. MEETING ADJOURNED @ 10:30 P.M. Ø¡~ {}~ .... ~~~ 11 I !