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1987-03-18 oL71 QUEENSBURY ZONING BOARD OF APPEALS '-- Regular Meeting Held: Wednesday, March 18, 1987 at 7:30 p.m. Present: Theodore Turner, Chairman Jeffrey L. Kelley Charles O. Sicard Gustave Behr Susan Goetz, Secretary Michael Muller Daniel S. Griffin R. Case Prime, Counsel Robert Eddy, Sign Enforcement Officer Stuart F. Mesinger, Senior Town Planner The meeting was called to order by Chairman Turner at 7:30 p.m. Mr. Turner said the February minutes should be corrected on page 3 to show that his motion for Grossman's sign variance allowed the nonconforming setback "until such time as Quaker Road is widened". Mr. Sicard MOVED APPROVAL of the ,February minutes as corrected. Mr. Behr seconded. Passed. UnanimousJy. Mr. Turner said variances 1204, 1205, and 1223 were tabled. Mr. Turner said several items of correspondence had been received. Mrs. Goetz read a letter from Attorney Jim Cooper on behalf of Elaina Bissell requesting a rehearing of his clients previously denied area variance. Mr. Behr said the letter presented no new evidence. The Board was aware of all the facts cited by Mr. Cooper. Mr. Muller said the Board was previously unsure what portion of the lot was in the PC zone. New information on other substandard lots in the area was also presented. Mr. Turner said these lots predated the ordinance. Mrs. Goetz said she felt the evidence should have been made available at the original hearing. Mr. Behr said the evidence was irrelevant because of the extremely small size of the proposed lot. Septic and parking concerns were legitimate. Mr. Mesinger said the Board could only rehear the variance by a unanimous vote. -- 1 ,-- ;)7) "'-- Mr. Muller MOVED to REHEAR the variance as there are new facts the Board hasn't heard. Mr. Sicard seconded. Failed 3 yes (Sicard, Muller, Kelley), 4 no (Behr, Griffin, Goetz, Turner). Mrs. Goetz read a letter from Malcolm O'Hara requesting a rehearing for the Copper Kettle sign. Flags had been placed on the sign clearing up a factual question as to height. Mr. Behr said any rehearing should also address the issue of a better sign location. Mr. Behr MOVED to REHEAR the Copper Kettle variance. Mr. Griffin seconded. Passed. Unanimously. The variance will be reheard in April 1987. Mrs. Goetz read a letter from Joshua Saxe of Mr. B's Best requesting a rehearing to allow a larger sign. Such a variance was previously denied. Several Board members noted that no new factual evidence which would bear on practical difficulty had been presented. There was no motion to rehear the variance. OLD BUSINESS SIGN VARIANCE NO. 1174 Johnny Antonelli Tire Company Mrs. Goetz said the application was previously tabled for setback information. Andy Stadler said the freestanding sign setback was measured by North Country signs at 15 feet from the property line. The sign is therefore conforming. The company proposed to remove all but two of its numerous nonconforming wall signs and was therefore requesting a variance for one wall sign. Board members explained there had to be a showing of practical difficulty to allow a second sign. After some discussion it was agreed that no practical difficulty existed. The applicant agreed to comply voluntarily. Mr. Griffin MOVED DENIAL of Sign Variance No. 1174. No practical difficulty shown; the applicant shall comply with the law. Mrs. Goetz seconded. '-" 2 ;)70 -- Passed. Unanimously. SIGN VARIANCE NO. 1175 Red Coach Restaurant Mr. Turner excused himself due to a conflict of interest. Attorney Malcolm O'Hara said the Board voted to rehear all signs. There were 2 freestanding signs on the property and 2 off premises signs. The applicant proposed to remove the off premises signs and had already removed 2 smaller freestanding signs. The applicants practical difficulty is that the Red Coach lease will expire in March 1989, at which time new signs will be required. It would be unfair to make the applicant replace these signs only to have them be replaced again in 2 years. The applicant is asking for a 2 year variance similar to the temporary variances granted along Quaker Road. Mrs. Goetz asked how likely it was that the Red Coach lease would be renewed. Mr. O'Hara said very unlikely. Mrs. Goetz asked about future variances. Mr. O'Hara was unsure. He said it was possible they would ask for a freestanding sign in lieu of a wall sign because of the unusual nature of the log structure. At this time they were unsure if this would be requested. Board members agreed that this was a reasonable request in light of the upcoming change in signage required by expiration of the franchise agreement. Public Hearing Opened: no comment Public Hearing Closed. Mr. Griffin MOVED APPROVAL of the 2 on premises signs located facing Route 9 and the Northway until March 1989. All other off premises signs must be removed. Special circumstances are due to the expiration of the restaurant franchise agreement in March 1989. Regardless of whether the franchise agreement is renewed in March 1989, the applicant will have to comply with the ordinance at that time. Second by Mr. Sicard. Passed 6 yes, 1 abstain (TUrner). SIGN VARIANCE NO. 1218 Fort Ann Campgrounds Mrs. Goetz read the application to keep a 96 square foot freestanding sign at a 0 foot setback on Route 149. Owner Arthur Petrikas said the sign directed travelers to his campground 10 miles "-- 3 ;)77 away in Fort Ann. Fort Ann has no sign ordinance and would allow placement of other '---' signs. Board members agreed that no practical difficulty was demonstrated. A conforming sign could easily advertise the business. Public Hearing Opened: no comment Public Hearing Closed. Mrs. Goetz read a letter from Wayne Getman opposed to the variance. The Warren County Planning Board disapproved. Mr. Behr MOVED to DENY the application. The applicant can correct the situation with a conforming sign. Mr. Turner seconded. Passed Unanimously. NEW BUSINESS SIGN VARIANCE NO. 1220 Charpi t Mrs. Goetz read the application to keep numerous nonconforming wall signs at the Charpit Restaurant on Route 9. Mr. Prime said court action on this matter was adjourned by the judge for more information. The court found there were 10 wall signs and 1 freestanding sign and the applicant was in violation as to number and size of signs. Mr. Prime agreed with the applicants attorney to proceed with the variance and that any signs not granted a variance must be removed. The court proceeding remains open. Attorney Vince Canale said practical difficulty is created by the building front being 8 feet from Route 9. There is no room to place a conforming freestanding sign. The applicant would remove all but 1 wall sign so the only variance required was for setback for the freestanding sign. The Board agreed with this proposal and also specified that several small signs pointing out dining room locations were too large to be considered directional signs and should be removed. Public Hearing Opened: no comment '- 4 ;;)7~ Public Hearing Closed. '- The Warren County Planning Board disapproved. Mr. Mesinger recommended approval of the setback variance only as the building and parking lot locations created a practical difficulty. Mrs. Goetz MOVED APPROVAL of a freestanding sign with a 0 foot setback and a single 100 square foot wall sign. Practical difficulty is due to the -widening of Route 9 making the building 8 feet from the road. The setback variance is also needed because of the parking lot location. All other signs will be removed. Second by Mr. Turner. Passed Unanimously. USE VARIANCE NO. 1225 Michael Blackmer Mrs. Goetz read the application to operate a trucking business out of a home in an SFR district at property at the corner of Sweet and Montray Roads. Michael Blackmer explained he had lived there for 10 years and always had trucks. For the past 2 years he has operated a trucking business out of his house. He has 3 trucks as well as a payloader and other equipment. Mr. Turner asked Mr. Blackmer if he understood the tests for a use variance - could he realize a return if the property is used as zoned? Mr. Blackmer said he could as he lived there, but wished to park his trucks on-site. Mr. Behr said the use downgraded the neighborhood and reduced property values. Mr. Blackmer said he was trying to improve the property and had never had any complaints. Eventually he might be able to move to a commercial district, but couldn't afford to at the present time. Mr. Blackmer received phone calls for his business at his residence. Board members explained this constituted running a business out of his house, which isn't allowed. Mr. Blackmer said he doesn't run a garage and only wants to park his trucks on the property. He has no employees. Public Hearing Opened: George Munoz, 32 Montray Road, submitted a letter from Debra Eggleston, 51 Montray Road, opposed to the variance. Mr. Munoz said he had put work and care into his property - 5 ;)-7C¡ which was now being devalued. Commercial encroachment is lowering the neighborhood's '_ quality of life. Traffic is increasing. The Board should deny the variance. Mr. Behr noted some commercial uses in the neighborhood predated the Zoning Ordinance. Public Hearing Closed. The Queensbury Beautification Committee disapproved. The Board again discussed the use variance tests and agreed the applicant hadn't met them. Mr. Blackmer asked that the application be tabled for further research on his part. Mr. Muller MOVED that the application be TABLED until April. Mr. Sicard seconded. Passed. 5 yes (Kelley, Muller, Sicard, Goetz, Griffin), 2 DO ( Behr, Turner). USE VARIANCE NO. 1226 Adirondack Girl Scout Council Mrs. Goetz read the application to replace a 800 square foot building destroyed by fire with a 1,869 square foot multi purpose building at the Girl Scout property off of Meadowbrook Road. Attorney Patricia Watkins said a variance for this use would be required anywhere in town. The obvious location for expansion was the existing property. The property can't be used for other purposes as it is already a camp. Mr. Turner said there is a parking problem on some summer nights. Cindy Hess of the Girl Scouts Council said this occurred on 5 parents nights during the summer. There was some room for expansion of parking but not much. Six additional spaces were proposed. Mr. Kelley said on 13% acres there should be room for more parking. Mrs. Watkins said on parents nights there was no way to find parking for everybody; all other times parking was adequate. Public Hearing Opened: no comment Public Hearing Closed. ',,-, Mr. Muller MOVED APPROVAL of Use Variance 1226. The applicant has substantiated the requirements for a variance. A variance for this use would be required anywhere 6 Ä<'j° in town. -- Mr. Sicard seconded. Passed Unanimoulsy. AREA VARIANCE NO. 1227 John Y uet Hon Ling Mrs. Goetz read the application to construct additions onto the Blue Sky Restaurant to allow a 6 foot side setback in lieu of the required 20 feet and a 44 foot front setback in lieu of the required 50 feet. The applicant plans to reopen the Blue Sky as a chinese restaurant. Builder John Ellis presented plans illustrating the additions. Board members questioned school bus routing and decided there would be sufficient room. Public Hearing Opened A ttorney Vince Canale said he represented the owner of the adjacent car wash. His client objected to the variance as it would create problems with snow removal and would impair pedestrian traffic. Mr. Behr said the car wash owner also owned a competing chinese restaurant. The car wash has an existing traffic circulation problem. Mr. Canale said the variance would worsen ~~r~:lem. Mr. Behr disagreed since the car wash ~ ~ driveway on the side facing the restaurant. Mr. Turner suggested that parking be prohibited on the north side of the restaurant. Mr. Ellis agreed to this. Public Hearing Closed. The Warren County Planning Board approved. The Beautification Committee requested the applicant meet with i~ on ¡\p:.il 6,) 987 .,j~ ~ ti/teV..;,'/c¿::é' ( ,-¿{l/ Mr. Kelley MOVED APPROVAL of Area Variance 1227 for a b foot Œ&et setback to allow building at 44 feet from the front line and a variance to allow building at 6 feet from the side line. Parking will be prohibited on the north side of the building. Applicant must meet with the Beautification Committee. Mrs. Goetz seconded. 7' d-?5( _ Passed. Unanimously. AREA VARIANCE NO. 1228 Priscilla Sanderspree Mrs. Goetz read the application to allow construction of a single family residence with side setbacks of 1 foot and 6 feet and a rear setback of 17 feet on Mason Street in the LR-1A zone. Attorney Frank DeSantis submitted photos of an existing seasonal cottage which will be replaced with a smaller residence. The existing cottage actually extends over the property line. The new house will be more conforming as to setbacks than the cottage. The reason for not centering the house is to allow placement of a septic system and room for parking for the adjacent Sans Souci Restaurant which the applicant owns. The total lot size is 6,000 square feet. A house conforming with setbacks would have a septic system which violates setbacks. The Zoning Ordinance allows rebuilding of seasonal residences with site plan approval of the Planning Board. Such approval was granted the previous evening. Public Hearing Opened: no comment Public Hearing Closed. Mrs. Goetz read a letter from Thompson and Virginia Griffin in support of the proposal. The Warren County Planning Board approved. Mr. Griffin MOVED APPROVAL of Area Variance 1228. The applicant has demonstrated practical difficulty due to the size of the lot, corner location and septic location. The proposal would be an improvement. Second by Mr. Sicard. Passed. Unanimously. AREA VARIANCE NO. 1230 - 3-'8~7 Skateland Mrs. Goetz read the application for: a rear setback variance to allow construction of a pool at 13 feet from the property line and side setback variances to allow construction of a tower at 8 feet from the property line, a slide at 10 feet from the property line and a pool at 13 feet from the property line; side setback variances to allow construction of an addition to the existing Skateland building at 11 feet from the property line; and a front setback variance to allow construction of a kiddie go-kart track at 44 feet from '......- 8 d?;) .-...- the front property line, all in lieu of the required 20 foot side and rear setbacks and 50 foot front setback. Attorney Bill Nealon presented plans for the structures and submitted photos and on artists rendering. Mr. Nealon went through a detailed explanation of the site plan. The Planning Board approved the go-kart track and water slide but said that more parking should be provided before the building additions can be approved. The applicant desired to get a setback variance for the building should he decide to go back to the Planning Board in the future. Practical problems exist because the configuration of the lot and slide make placement with conforming setbacks impossible. There isn't enough room to allow placement without variances. The difficulty for the track is that placement at a conforming setback would cause trees to be removed which dampen noise and provide shade. The total intrusion into the setback is small. Mr. Nealon said the water slide would shut at 8:30 p.m.; lights would be directed away from the campsite. There were no noise complaints with the existing eHdee s'o'k Public Hearing Opened: no comment Public Hearing Closed. The Warren County Planning Board took no action. The Beautification Committee approved. Mr. Muller MOVED APPROVAL of all setback variances as applied for. Practical difficulty is demonstrated due to the strange shape of the parcel and the shape of the water slide on the narrow lot. Second by Mr. Turner. Passed Unanimously. AREA VARIANCE NO. 1229 Ruth Kouba Mrs. Goetz read the application to create a lot with less than the required 30 foot of road frontage on Sweet Road. Ruth Kouba eXplained she owned a 7+ acre parcel with 50 feet of road frontage. She wished to split the property and required a variance so that each lot would have 25 feet of road frontage in lieu of the required 30 feet. Easements would be provided to allow the owner of the rear parcel to pass over the driveway of the front parcel. Public Hearing Opened: 9 ~~3 George Kouba asked how the parcel would be split. '--" Mrs. Kouba said the split would occur in the future. Mr. Kouba said he was concerned the lot would be substandard. Mr. Mesinger said the lot would have to be a minimum of 30,000 square feet to conform to zoning. Mr. Kouba said he had no objection to the proposal. Public Hearing Closed. Mr. Muller MOVED APPROVAL. Practical difficulty is because the property could not be subdivided without a variance. This is the minimum relief necessary to accomplish the project. The variance is to allow 2 building lots with 25 feet of frontage in lieu of the required 30 feet. Mr. Sicard seconded. Passed UnanimousIy. Mrs. Goetz read a letter from Bob Eddy stating that the Building Department had measured the Northern Distributing freestanding sign and found it to be 47 square feet, not 52. Therefore, no variance was required. Mr. Griffin MOVED the Board REHEAR the Northern Distributing sign variance. Mr. Kelley seconded. Passed. UnanimousIy. The Meeting was adjourned at 11:20 p.m. - , ç¡ !It¿ p,~'/'/1-rWÁ_ Theodore Turner, Cbairman Minutes prepared by Stuart F. Mesinger, Senior Town Planner '-- 10