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1987-10-28 310 QUEENSBURY ZONING BOARD OF APPEALS -- Regular Meeting Held: Wednesday, October 28, 1987 at 7:30 p.m. Present: Theodore Turner, Chairman Jeffrey L. Kelley Charles O. Sicard Susan Goetz, Secretary Daniel S. Griffin Gustave Behr Susan E. Davidsen, Planning and Zoning Department Absent: R. Case Prime, Counsel Michael Muller The meeting was called to order by Chairman Turner at 7:30 p.m. OLD BUSINESS SIGN VARIANCE NO. 1286 Freihofer's Mrs. Goetz read the application to maintain existing freestanding sign on the property situated at 40 Cronin Road in a Suburban Residential 30 zone. Mark Pulvarovi represented Freihofer's. Mr. Turner asked how long the sign has been there. Mr. Pulvarovi replied, 13 months. Mr. Turner asked if he had a permit for it. Mrs. Goetz asked if he had put the sign up without a permit. Mr. Pulvarovi said he put it up without a permit; he didn't realize he needed one. Mr. Turner asked when he was cited for the violation. Mr. Pulvarovi didn't know. Mr. Behr stated that the sign should be 15 ft. (minimum) back from the property line; the sign is on the property line now. Mr. Turner asked if his sign was on the public right of way. Mr. Pulvarovi said he didn't know. He said that the sign sets back 25 ft. from the middle of the road. Mr. Turner stated that you don't measure from the middle of the road. Mr. Pulvarovi said he would comply to the Sign Ordinance regulations; 25 ft. high and 15 ft. back from the property line. Mr. Pulvarovi agreed to withdraw his application and comply with the Ordinance. Mr. Turner stated that Area Variance No. 1288, Elaina's Beauty Boutique had been tabled at the request of the applicant. 1 Yl( '--' NEW BUSINESS AREA VARIANCE NO. 1298 Derek C. Pederson Mrs. Goetz read the application to maintain existing nonconforming setback of the garage with a distance of 8 ft. from the front property line on the property situated at the intersection of Chestnut Ridge and County Line Roads in a Suburban Residential 30 zone. Mr. Pederson represented himself. Mr. Turner asked how this situation happened. Mr. Pederson said it was an accident. It is a pie shaped lot. Mr. Behr asked if the garage was staked out. Mr. Pederson said yes, but it was a mistake. Mrs. Goetz asked if he was the builder or owner. Mr. Pederson said he was the owner. Mr. Behr stated that there are too many errors being made by contractors; fines should be imposed upon contractors. The contractor (name unknown), said it was misread because of the brush there; it was an oversight. He said they had many factors to consider; the grade, water table, two front setbacks, and trying to keep away from the well, and stay away from the septic system. Mr. Turner asked where the septic system was located. Mr. Pederson said it was located out in front of the house, going towards the corner. Mrs. Goetz said that the well and house could have been moved back. The contractor explained that it would be difficult to do that because of the the elevations. Mrs. Goetz commented that sometime one has to decide that, that big of a house shouldn't be built on that size of a lot. Mr. Turner said that it's too late now. Mr. Pederson said that the Bank is holding back on his loan until this variance is approved. Public Hearing Opened: Jane Carusone, neighbor, spoke in favor of the application. She said this is undue hardship. However, she did state for the record that the house could have been placed in a different spot on the lot. She felt there should be more diligence on the part of the Building Inspectors. Mrs. Goetz agreed that this is a big problem. Mr. Turner said that this is a common occurrence. Mr. Sicard pointed out that the Zoning Board of Appeals did in fact make someone move a house because of an error. Mr. Behr said that there isn't a survey done early enough for Building Inspectors; they rely on contractors placement of the stakes. Mr. Behr said it's not the Building Inspectors responsibility. It is the contractors responsibility. Public Hearing Closed. Mr. Kelley MOVED APPROVAL of Area Variance No. 1298, Derek C. Pederson. Practical difficulty is the way the property was staked off. The corner of the garage 2 ,1 ').. was placed improperly because of water and brush on that part of the property. The '- telephone pole was used as a marker instead of the stake. Second by Mr. Sicard. Passed Unanimously. AREA VARIANCE NO. 1300 Marvin S. Dobert Mrs. Goetz read the application for reconstruction of a preexisting nonconforming building. An addition of approximately 300 sq. ft. will be constructed to the front of the building. The reconstruction and addition will be used to provide offices and base of operations for Allteck; a refrigeration, air-conditioning, heating, and mechanical firm. The property is located on the southeast corner of Main and Richardson Streets in a Highway Commercial 15 zone. Marvin Dobert represented himself. Mr. Turner said he had a problem with this application. It is not a permitted use in a Highway Commercial zone. This in fact is both a use and area variance application. Mr. Kelley asked what the distance is from the property line to the corner. Mr. Dobert replied, it's very close. Mr. Behr said it's a nonconforming structure. Mr. Griffin said the Board shouldn't discuss this variance tonight if the applicant needs a use variance application. Mr. Dobert said he was surprised to know that it was a nonconforming use. Mrs. Goetz asked him if he had any trucks. Mr. Doberts said no, not at the present time. The service will run out of the Mechanicville office. The garage would be "handy" up here in case it is needed. Mr. Behr stated that Mr. Dobert is asking for a setback of 45 ft. That is not asking for minimum relief. Mr. Turner stated that he is infringing upon the HC zone. It has to be re-advertised as a use variance and area variance combination. The applicant agreed to TABLE until the situation gets straightened out. Mr. Griffin asked if there was any way that the applicant could use the existing structure and update it. Mr. Doberts said yes. Mr. Turner asked if he was taking this building with an option to buy. Mr. Dobert said yes. Mr. Turner asked if Mrs. Richardson had advertised the building for Highway Commercial use. Mr. Dobert said he didn't know. Mr. Turner said that the applicant needs to prove "reasonable return"; meet variance criteria. USE VARIANCE NO. 1301 Larry King Mrs. Goetz read the application to use the existing warehouse for wholesale, retail 3 )17 ',-, shop for arts, crafts and antiques on the property situated on Minnesota Avenue in a Light Industry 1A zone. Larry King represented himself. Mrs. Joanne King wanted to know if they could go back to using the property as originally zoned (LI) after this particular proposed use. Mr. Turner said that the variance goes with the land but they could stipulate a condition in the motion if approved. Mr. Behr asked how many cars are expected to be there. Mr. Griffin said he thought there might be about 11 to 15 cars parked in front. Mr. Turner asked how extensive the use would be. He asked Mr. King if he would be using the whole building. Mr. King said they would be using all of it. Mr. Griffin clarified the fact that the applicant is only asking for a temporary use variance. There was discussion on the architecture of the building. Mrs. Goetz asked Mrs. King if she would be giving arts and crafts classes. Mrs. King said no. Mr. Turner said that the Kings had purchased the building May 4, 1987 and that it's really not a long enough time to claim hardship. Public Hearing Opened: no comment Public Hearing Closed. The Beautification Committee approved with comments: "Mrs. King presented pictures of the property as it appears at this time. It is well planted and attractive and it will remain that way, Mrs. King assured the Committee." Mr. King said they had put it up for lease immediately because they knew the building wouldn't be used for 3 years. Mr. Griffin MOVED APPROVAL WITH STIPULATIONS of Use Variance No. 1301, Larry N. King. The application meets the three necessary criteria. Reasonable return as zoned isn't possible. It is unique. The Zoning Board has considered other variances for this property and granting this variance will not affect neighborhood character. The use variance terminates with the applicants use of this business as described; it will revert back to Light Industry. Second by Mr. Behr. Passed Un;¡nimously. AREA VARIANCE NO. 1302 John and Susan Moosbrugger Mrs. Goetz read the application to construct a single family residence on a lot that 4 31~ does not front on a public road on the property situated off Birdsall Road in a Single Family v Residential 30 zone. Mr. Turner asked him if this was the same situation as Keith Coe had. Mr. Moosbrugger said yes. Mr. Behr asked if there are two right of ways going into the property. Mr. Moosbrugger said yes. Public Hearing Opened: Carl Toomey, neighbor, was interested in where the septic system would be located. Mr. Turner assured her that there wouldn't be a problem with the location of the septic system. Public Hearing Closed. Mr. Griffin MOVED APPROVAL of Area Variance No. 1302, John and Susan Moosbrugger. Practical difficulty has been demonstrated. The property does not front on a public road. The Zoning Board of Appeals has approved similar variances in the past. Second by Mr. Turner. Passed Unanimously. AREA VARIANCE NO. 1303 Anne R. and Virginia A. Clark Mrs. Goetz read the application to expand the garage to a two car garage. The addition would decrease the setback to 5 ft. from the property line from the current conforming 15 ft. on the property situated at 173 Aviation Road, corner of Owen Avenue in a Single Family Residential 20 zone. Anne and Virginia Clark represented themselves. There didn't seem to be any problem with the application. There was little discussion. Public Hearing Opened: no comment Public Hearing Closed. Mr. Kelley MOVED APPROVAL of Area Variance No. 1303, Anne R. and Virginia A. Clark. Practical difficulty has been demonstrated. This is an ample lot but the positioning of the house and garage (originally there) make it impossible to put an addition any other place. This is the smallest addition possible that will still be able to hold a car. Second by Mr. Turner Passed Unanimously. 5 315 '--' SIGN VARIANCE NO. 1304 Howard Johnson Motor Lodge-Restaurant Mrs. Goetz read the application to remove existing oversized freestanding sign and replace with a nonconforming sign that will be 10 ft. wide, 11 ft. long, and 32 ft. high. The proposed sign is to be 100 sq. ft. The location is Aviation Road in a Plaza Commercial 1 A zOne. Mr. Turner said he would abstain due to conflict of interest. Mr. Behr acted as Chairman. Attorney Malcolm O'Hara represented the applicant. Mr. Behr stated that these issues were discussed regarding signs. He believed that all the applicant was doing was coming back with same sign proposal but with slightly different dimensions. Mr. Kelley believe that this was a different application than the original one. Mr. O'Hara said that if this application is approved he would withdraw their application that's in litigation Mr. Behr stated he had talked to Case Prime, Counsel. Mr. Behr said that on the advice of counsel, this variance did not have to be heard. Mr. Griffin MOVED TO NOT HEAR Sign Variance No. 1304, Howard Johnson Motor Lodge-Restaurant on the advice of Case Prime, Counsel because the points in the application had previously been addressed. Second by Mr. Behr. Passed Unanimously. The meeting was adjourned at 9:45 p.m. f!lcul« ~i Theodore Turner, Chairman 6