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1987-08-19 ??~ QUEENSBURY ZONING BOARD OF APPEALS '- Regular Meeting Held: Wednesday, August 19, 1987 at 7:30 p.m. Present: Theodore Turner, Chairman Jeffrey L. Kelley Charles O. Sicard Daniel S. Griffin Susan Goetz, Secretary Michael Muller Gustave Behr Mack A. Dean, Building and Codes Enforcement Officer R. Case Prime, Counsel Susan E. Davidsen, Planning and Zoning Department The meeting was called to order by Chairman Turner at 7:30 p.m. Mr. Turner said that under old business, Variance 1268, Rev. L.R. Larson will be tabled until the end of new business so that Rev. Larson can appear on his own behalf. Sign Variance No. 1272, Mark Plaza and Use Variance No. 1275, Broad Street Car Wash have been tabled until next month (September). The minutes of June 17, 1987 were corrected as follows: Page 2, Variance No. 1256, Thomas L. Clary: In the motion it should be the applicant is asking for an 11 foot setback on the south side, not 5 feet. Page 3, Variance No. 1257, Leo Danahy: Second paragraph, "The proposed breezeway would be 6 ft. minimum of the left side of the property line." The sentence should read "The proposed breezeway would create a 6 ft. setback." Page 5, Sign Variance No. 1259, Hannaford Brothers, Co., Super Shop n'Save: In the motion, last line, "Approved signs number 1, take the (s) off the word sign." The minutes of June 17, 1987 were approved as corrected by consensus. The minutes of July 15, 1987 were corrected as follows: Page 2, Anne M. Parrott, should be Variance No. 1262, not 1258. Page 4, Area Variance No. 1265, Montcalm Restaurant: "...canopy addition (19 ft. by 25 ft. by 6 in.), should be 19 ft. by 25 ft. 6 in. On page 5 also, correct the dimensions. Page 7, Use Variance No. 1267, Wilson Mathias: Lynn Potenza, Dyer Real Estate, not Bryer. "-- 1 340 '---' Page 11, Variance No. 1274A/B, Curtis Lumber Co.: Third sentence should read, "The applicant has a.sked for a use variance...." The minutes of July 15, 1987 were approved as corrected by consensus. The minutes of July 22, 1987 were corrected as follows: Page 3, Sign Variance No. 1273, Zayre Department Store: The first motion, fourth sentence, "Zayre lettering on the pylon sign (freestanding sign).... only this part of the sentence should be deleted. The sentence should read, "There will be 32 square feet of the area for which business names can be placed by Zayres choice." The minutes of July 22, 1987 were approved as corrected by consensus. NEW BUSINESS AREA VARIANCE NO. 1276 Frank Brenneisen Mrs. Goetz read the application to construct a deck on the front of the existing single family dwelling; 36 ft. setback from the lakeshore in lieu of the required 50 ft. on the property situated on Glen Lake Road in a Single Family Residential 30 zone. Mr. Turner asked what the dimension of the side porch is now. Mr. Brenneisen said it is 6 ft. by 4% ft. With the steps adjoining it, it is about 8 ft. Mr. Turner asked what the elevation in the front would be on the lake side. Mr. Brenneisen said it would be 7 ft. It would adjoin onto the same porch. Mr. Turner asked what the size of the main house is. Mr. Brenneisen said it's 32 ft. wide. Mr. Kelley asked where the well was located. Mr. Brenneisen said it's in back of the house. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board approved. Mr. Griffin MOVED APPROVAL of Area Variance No. 1276, Frank Brenneisen as most of the houses in the area are closer to the lake than the proposed deck. The houses in the area are on small lots. Sizes of the lots are the practical difficulty. 2 341 '---' Second by Mr. Sicard. Mr. Turner asked Mr. Brenneisen how long he has owned the house. Mr. Brenneisen said 16 years. Passed Unanimously. AREA VARIANCE NO. 1277 Elliot Hirsch Mrs. Goetz read the application to expand the garage on the north side at 15 Dixon Court. The preexisting garage has a nonconforming side setback (east side) of 6 ft. 2 in. The garage addition will be 14 ft. 3 in. by 18 ft.; increasing the length of the nonconforming side setback. Patrick Whalen, contractor, represented the applicant. Mr. Behr said this application was similar to a variance request off Old Aviation Road about a month or two ago where the side setback was such that it would be impossible, in case of a fire, for anybody to get in behind the building. He said that particular variance application was denied on that basis. Mr. Behr said this application has 7 ft. on one side and 6 ft. on the other. Mr. Kelley said that he understood what Mr. Behr was saying but the only thing different about this application is that there is already an existing garage which blocks any access or blocks it from making any improvement to access. Mr. Kelley talked about the possibility of moving the fence to the property line; but you still couldn't get to the proposed building. Mr. Whalen said they would be taking down the shed so that there would be room for a truck in case of a septic system problem. He said that between the two buildings there is about 12 ft. Mr. Kelley asked if the garage was there when they bought the property. Mr. Whalen said yes. Mr. Turner asked how long they have owned the property. Mr. Hirsch said 17 years. Mr. Kelley said that given his closest point to the property line, he isn't really doing anything different than what was there. He is making the line longer and not changing it in any way. Mr. Turner said the only problem he has with this is stacking the garage like that and putting one car behind it. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board approved. 3 3~) Mr. Kelley MOVED APPROVAL of Area Variance No. 1277, Elliot Hirsch. Practical .. difficulty is dealing with a 70 ft. wide lot. Proposed addition is no closer than the .......... preexisting garage; same distance from the property line. The applicant is making the garage longer, not wider. The applicant is not changing the setback. Second by Mr. Sicard. Passed Unanimously. SIGN VARIANCE NO. 1278 LaCabanna Mrs. Goetz read the application to maintain existing sign mounted on the roof and add two nonconforming signs on the property situated on Nacy Road, Glen Lake in a Single Family Residential 30 zone. Sign number one is existing and is 500 ft. from the property line. It is 4 ft. 30 in. high and is fluorescent design; lighted two nights a week - Friday and Saturday, saying "Entertainment Fri.- Sat.". It is not lighted is the daytime. It is mounted on the roof. Mr. Turner said that sign number two and three are off premises signs which are not in the jurisdiction of the Zoning Board for review. The applicant must go before the Planning Board. Mr. Behr said that from his observation from going up there, that a permissible freestanding sign would be better than a sign they have on their roof because of the sand pit and tree leaves. Mr. Turner asked him if he owned the sand pit up to the Glen Lake Road. Mr. Jones said yes. Public Hearing Opened: Joe Hanna, neighbor, said many years ago the sign was installed on top of the roof of the LaCabanna. He said he has no objections to the sign remaining there even though the Board does. He said that he has no objections to the addition of a sign in the parking lot. Mr. Hanna said that anyone going up the road 30 m.p.h., the posted speed limit, that there is no way that they could see~ that sign on the top of that hill. If they stop their car and look down, they can see that sign. He does not want to see a sign up on top of the property next to where he owns the property. Mr. Eddy, Sign Enforcement Officer, said he had tried for 2 years to get the off premises sign removed. Finally the signs were removed; they weren't too cooperative. Public Hearing Closed. Warren County Planning Board disapproved without comment. "'- 4 ¿q"7 ~ Mr. Turner MOVED to TABLE Sign Variance No. 1278, LaCabanna so that the applicant ~ can present an application showing all present signage and proper dimensions. Second by Mrs. Goetz. Passed Unanimously. AREA VARIANCE NO. 1279 Daniel Holcomb Mrs. Goetz read the application to construct a screened-in porch, 10 ft. by 15 ft. to the back of the house with a rear setback of 9 ft. 3 in. in lieu of the required 20 ft. on the property situated on Big Bay Road in a Suburban Residential 30 zone. Mrs. Goetz read a letter from Edith Davignon dated July 27, 1987 stating that she gives permission for James W. and Lois Parrish to construct a porch on their home which will be within 10 ft. of the boundary line between her property and theirs. "This will in no way interfere with access to my property." Mr. Behr asked Mr. Holcomb if he is going to be the contractor. He said yes. Board members discussed the distances from the property lines. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board approved. Mr. Griffin MOVED APPROVAL of Area Variance No. 1279, Daniel Holcomb. The lot has little depth. It will be screened on the north and south sides. There is no adverse effect on the neighborhood. Practical difficulty is caused by the house being so close to the back of the property line. Second by Mr. Sicard. Passed Unanimously. USE VARIANCE NO. 1280 Delwyn J. Mulder Mrs. Goetz read the application to construct a law office on the property situated 5 34~ on Western Avenue in an Urban Residential 10 zone. The application stated than an ... increased and heavy traffic flow make the property undesirable for residential purposes. "- The property has been for sale for approximately 2 years without sale. The proposed use will create less traffic than a duplex. Mr. Turner asked about parking on the south. Mr. Turner said he needed a total of 100 ft. on both corners; there is only 90 ft. Mr. Mulder said he owns 135 ft. on Western Avenue; lots are all 35-40 ft. Mrs. Goetz expressed concern that she would like to see the house remain looking like a home. She didn't have a problem with the use of the property. She was concerned about creating increased traffic. Mr. Turner asked if parking would be in the back. Mr. Mulder said yes. Mr. Mulder said the house in ranch style. He has a plan for 1,100 sq. ft. and hopes to have a plan for building a 1,400 sq. ft. ranch style, one floor. Regarding parking, Mr. Behr said that what is needed is 1 parking space per 100 sq. ft. of gross floor area. Mrs. Goetz asked when he bought the property. Mr. Mulder said August 11, 1986. He said it was on the market for approximately 2 years before that date. Mr. Turner said it's been for sale for several years by three different owners. Mr. Mulder said there is an easement that was granted approximately 20 years ago. It goes across the property. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board recommended approval. Mr. Muller MOVED APPROVAL of Use Variance No. 1280, Delwyn J. Mulder. The applicant has demonstrated 4 tests with substantial proof to show the use variance should be granted. The corner property has a substantial amount of traffic directly across from other professional offices impacting on this lot making it less attractive for residential uses. Other allowable uses in UR-10 would be precluded by sizes of lots. A reasonable return is not possible. Proposed use is would not be detrimental to the neighborhood. The variance granted to Curtis Lumber; this action necessary to preserve owner's property right. This variance applies to lots 117-8-2 and 117-8-3; 115 ft. on Nathan Street and 13 5 ft. on Western A venue as a corner parcel. Second by Mr. Turner. Passed Unanimously. AREA VARIANCE NO. 1281 Steve Herman 6 345 ',-- Mrs. Goetz read the application for construction of a 2 bedroom addition onto existing structure with a setback of 21 ft. from Hillcrest Avenue in lieu of the required 30 ft. on the property situated at 38 Cottage Hill Road in an Urban Residential 5 zone. The application stated that due to the floor plan of the bath and kitchen, there are no alternatives. Board members and Mr. Herman discussed the floor plan at length. (Discussion on tape is unintelligible.) Public Hearing Opened: no comment Public Hearing Closed. Mr. Kelley MOVED APPROVAL of Area Variance No. 1281, Steve Herman. In the past in this area, the Zoning Board of Appeals has granted many construction variances; preexisting small lots, crowding problems. The existing structure does not lend itself to remodeling and going to rear of property without major structural changes. It is more economical to put on a 16 foot addition. This is reasonable. The side setback will be 21 ft. instead of 30 ft. This is a minimum variance. Second by Mr. Turner. Passed. Unanimously. AREA VARIANCE NO. 1282 Dr. William Vosburgh Mrs. Goetz read the application to continue to use one of the buildings as a tool shed and storage. The other 2 cabins will be used for sleeping. The property is situated at Gunn Lane, Cleverdale in a Lakeshore Residential 1A zone. Mr. Turner read the building permit dated July 29, 1985 (permit number 85-399). Dr. Vosburgh said he has a permit for tool and storage shed. He does not have a permit to use the cabins as sleeping quarters. Public Hearing Opened: There was much opposition to the variance request. Mrs. Goetz read a letter dated August 16, 1987 from Richard Meyer, Jr. of Cleverdale, opposing to the variance. A letter from Margaret Worster was read opposing to the application. A letter from Joan A. Robertson was read opposing to the application. Mrs. Goetz read many other letters from neighbors opposing to the application. Mrs. Goetz read a letter dated August 18, 1987 from Mary-Arthur Beebe, Lake George Association. The letter stated various reasons why the application should be denied. -' 7 74~ Public Hearing Left Opened. '---' Warren County Planning Board disapproved without comment. Mr. Turner MOVED to TABLE Area Variance No. 1282, Dr. William T. Vosburgh. The application was submitted as an area variance in error. Request will be resubmitted as a use variance and will be an amended application. Second by Mr. Kelley. Passed. Unanimously. AREA VARIANCE NO. 1283 Herbert and Carol Wetherby Mrs. Goetz read the application to move the preexisting nonconforming garage and face the driveway entrance south. The garage will be approximately 32 ft. setback from Garrison Road. It will be 18 ft. and 22 ft. set back from Windsor Drive instead of the present 2 ft. and 8 ft. setback. A 30 ft. setback is required from Windsor Drive. The property is located at 4 Garrison Road in a Single Family Residential 10 zone. Discussion and comments regarding improving the traffic situation on Windsor Drive. Discussion on overall improvements in the area. Public Hearing Opened: Bill Gates, neighbor, said the property has been substantially improved over the years. He spoke in support of the application. Public Hearing Closed. Warren County Planning Board recommended approval. Mr. Muller MOVED APPROVAL of Area Variance No. 1283, Herbert and Carol Wetherby. The applicant has demonstrated that there will be no adverse effect upon the neighborhood character; diminish encroachment on street. This is an improvement. Second by Mr. Sicard. Passed. Unanimously. SIGN VARIANCE NO. 1284 Sounds Great 8 ~t.f7 Mrs. Goetz read the application to maintain existing signage on the property situated '---' on Quaker Road in a Highway Commercial 15 zone. Sign number one is an existing freestanding sign. The size of the sign is 8 ft. by 25 ft. by 16 ft. Sign number two is an existing wall sign. It is 57 feet from the property line. The size of the sign is 23 ft. by 2 ft. by 12 ft. They would like to keep existing signage. Mr. Behr felt the Board could approve this variance request as other businesses have been granted approval on Quaker Road until such time Quaker Road is widened. Warren County Planning Board disapproved. Public Hearing Opened: no comment Public Hearing Closed. Mr. Muller MOVED APPROVAL of Sign Variance No. 1284, Sounds Great. Although there is no way present to represent; 2 signs are in conformance except for setback on right of way. To be consistent, the Zoning Board of Appeals will grant a setback variance from Quaker Road until such time as Quaker Road is widened. When Quaker Road is widened, all signs must be in complete compliance. Second by Turner. Passed Unanimously. AREA VARIANCE NO. 1268 Rev. L. R. Larson Mrs. Goetz read the application for construction of a single family dwelling on lots 9 and 10, West Mountain Road in a Suburban Residential 20 zone. Mrs. Goetz said that application was tabled last month to see what other written proofs are available as to building permit information and variance no. 802. Mrs. Goetz read the minutes from December 15, 1982 for Variance No. 802, Raymond W. Frey, Bronk Drive, West Mountain Park, Section 1. Mr. Turner asked if the original owner was Mr. Heid. Mr. Larson said he didn't know. Mr. Behr asked for clarification of number 8 on the application. The question asked what the recent use of the property is. Mr. Larson had written that lots 9 and 10 are vacant on West Mt. Park. Mr. Behr said this application is incorrect since there is an existing house there. Mr. Turner asked Mr. Larson if he would be purchasing both lots 9 and 10. Mr. Larson 9 1f~ said he already has a right to both lots. He said they were purchased as 2 lots. '---' Mr. Behr asked him if he had any objections to having the two lots considered as one parcel. Mr. Larson said yes. He said he will be retiring soon and can't afford it. He said that everything around him is also 15,000 sq. ft. lots. He expressed the feeling of why should I get penalized for doing what everyone else does. Public Hearing Left Opened: Many neighbors spoke in opposition to the proposal as they did at the meeting last month. Letters from neighbors in the file were read. Public Hearing Closed. Mr. Muller MOVED DISAPPROVAL OF Area Variance No. 1268, Rev. L.R. Larson. The Zoning Board cannot find an applicable demonstration of practical difficulty. The Zoning Board cannot change/destroy what the Zoning Ordinance requires as intent of the Ordinance. The applicant is obliged to purchase 2 lots of 15,000 square feet upon which to build a house. The Fray variance (number 802) was passed when the Grandfather Clause was still in effect. At that time (1982), a substantial zoning change was not in place. A building permit was based on the thought that this was a 30,000 square foot lot; this is the distinction between this variance and the Fray application. Second by Mr. Behr. Passed Unanimously. The meeting was adjourned at 11:45 p.m. 9;¿cI1 . ç aA O-PP~/ Theodore Turner~ ~~ lòli2-~/f7 Minutes prepared by Susan E. Davidsen, Planning and Zoning Department \ "'---. 10