Staff Notes 091692ZBA
STAFF NOTES
Area Variance No. 43-1992
John L. Polk, Jr. FILE
The Planning Board passed a Negative Declaration on the variance/subdivision of
this property.
The Board is aware of the circumstances of this lot. The applicant wants to create
a three lot subdivision with two substandard lots, two lots without the required road frontage
and two existing structures which do not meet the setbacks of seventy-five feet. The
Zoning Administrator has indicated a total of six variances are necessary.
The staff has made a site visit and researched the units on this property, primarily
the cottages on proposed lots one and two. These camps are for summer use only. They
are built on piers and the construction dates are 1954 and 1958 respectively. They are
considered to be in average condition for seasonal rentals of that vintage. The assessment
records indicate they are thirty feet and twenty feet from the lake but the survey scales
them at plus/minus forty feet. The plan presented to the Board does not show the setbacks
or cottage sizes. The units are on an unimproved driveway and a common septic system
is located on what will be a third lot.
In this particular case, the Board must weigh a number of issues. The proposal
requested is to create substandard lots and the rational for that is because there will be
no construction and no changes since everything is existing.
The reality is that the units on two lots are not year"rounde is not enough
room on the proposed lots for individual septic systems and any purchaser will want to
improve the property. Lakeshore property with a view is usually purchased at a relatively
higher price. Anyone purchasing a lot will want more than a 1950's seasonal cabin on
piers.
The Board has to look at the long term impacts of the variance decision. In allowing
the creation of substandard lots, is the Board creating a practical difficulty for any
purchaser? The records do not show that significant improvements were made to the
cottages over the years so financial loss would not appear to be an issue.
The applicant has over two acres. It may be possible for him to create two lots
that meet the one acre minimum.
The Board is aware of what has happened on Lake George in the past and why it
has been designated a Critical Environmental Area. The Board is also aware of the issues
regarding lake protection in the Comprehensive Land Use Plan and why the lakeshore
setbacks and density standards along waterfont areas were created.
The request for variances was reviewed with regard to the criteria for Area Variances.
1. Describe the practical difficulty which does not allow placement of a structure
which meets the zoning requirements.
1
The applicant states that the placement of the summer rental cottages mandates
the subdivision layout. The staff does not agree since the alternative plans showing
minimum lot requirements have not been submitted. The placement of existing
structures does not automatically give credence to the creation of a subdivision
with substandard lots, no road frontage and units which cannot meet setbacks.
2. Is this the minimum variance necessary to alleviate the specific practical difficulty
or is there any other option available which would require no variance?
No other options have been submitted.
3. Would this variance be detrimental to the other properties in the district or
neighborhood or conflict with the objectives of any plan or policy of the Town?
The granting of the variances might put the Board in a difficult position when
expansions on these lots are sought.
4. What are the effects of the variance on public facilities and services?
The septic system and water is on lot. Emergency vehicle access is over an
unimproved driveway.
5. Is this request the minimum relief necessary to alleviate the specified practical
difficulty?
The Board will have to ascertain if practical difficulty has been proven.
sed091192
Zoning Office
2
WARREN COUNTY PLANNING BOARD
THOMAS HALEY WARREN COUNTY MUNICIPAL CENTER RALPH BAILEY
CHAIRMAN LAKE GEORGE, NEW YORK, 12845 VICE CHAIRMAN
TELEPHONE 1518]761-6410
DATE: September 9, 1992 RE: QBY AV 43-1992
TO: Queensbury Planning & Zoning John L. Polk, Jr.
Town of Queensbury Assembly Point
Queensbury, NY 12804
At a meeting of the Warren County Planning Board, held on the 9th
day of September 1992 the above application for an Area Variance for a 3 lot
subdivision in a CEA, creation of 2 substandard lots and 2 lots without
required road frontage.
was reviewed, and the following action was taken. Recommendation to:
Q) Approve () Disapprove () Modify with Conditions () Return () No County Impact
Comments: With the condition that no further building or expansion be put on the
present buildings based on the fact that it is not changing anything,
but drawing 2 lines on the map to divide the property into 3 pieces.
Also ap rove a 2nd rea variance (if needed) for lots that do not front
on a ou$lic ri¢ht of way.
It is the policy of the Warren County Planning Board to follow the procedures of the New York State General
Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported
thereon. The following are procedural requirements that must be adhered to:
1.) The Warren County Planning Board shall report its recommendations to the referring municipal
agency, accompanied by a full statement for such actions. If no-action is taken within thirty (30)
days or agreed upon time, the municipal agency may act without such report.
2.) If the recommendation is for disapproval of the proposal, or modification thereof, the municipal
agency shall not act contrary to such action except by a vote of a majority plus one of all the
members thereof and after the adoption of a resolution fully setting forth the reasons for such
contrary actions.
3.) Within seven (7) days after the final action by the municipal agency having jurisdiction on the
recommendations, modifications or disapproval of a referred matter,such municipality agency shall
/file a report with the Warren County Planning Board on the necessary form.
OR
Thomas Haley, Chairpers Ralph Bailey, Vice Chairperson