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1993-03-30 SP o R I(~YN A l QUEENS BURY ZONING BOARD OF APPEALS SPECIAL MEETING MARCH 30. 1993 INDEX Area Variance No. 16-1993 Richard & Susan Hartman 1. THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. QUEENSBURY ZONING BOARD OF APPEALS SPECIAL MEETING MARCH 30, 1993 4:30 P.M MEMBERS PRESENT THEODORE TURNER, CHAIRMAN THOMAS PHILO CHRIS THOMAS ROBERT KARPELES FRED CARVIN MEMBERS ABSENT JOYCE EGGLESTON EXECUTIVE DIRECTOR-JAMES MARTIN PLANNER-ARLYNE RUTHSCHILD STENOGRAPHER-MARIA GAGLIARDI NEW Bt}SINESS: AREA VARIANCE NO. 16-1993 TYPE II LC-10A RICHARD & SUSAN HARTMAN OWNER: SAME AS ABOVE LOCATION: THUNDERBIRD DRIVE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE FAMILY DWELLING WITH AN ATTACHED GARAGE AND IS SEEKING RELIEF FROM SIDE YARD REGULATIONS AND REQUIREMENT THAT ALL NONCONFORMING LOTS COMPLY WITH REQUIREMENTS OF THE REVISED ZONING ORDINANCE. TAX MAP NUMBER: 85-1-24.2 LOT SIZE: 5 ACRES SECTIONS 179-13C. 179-76C RICHARD AND SUSAN HARTMAN, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 16-1993, Richard & Susan Hartman, Meeting Date: March 30, 1993 .. SUMMARY OF PROJECT: Applicant is proposing to construct a single family dwelling with an attached garage on a vacant piece of property. CONFORMANCE WITH USE/AREA REGULATIONS: 1. Applicant is proposing forty-nine and seventy-six hundredths (49.76) feet for the side yard setback at the north side of the proposed dwelling and seventy-four and thirty-five (74.35) feet for the side yard setback at the south side of the proposed dwelling and is seeking relief of fifty and twenty-four hundredths (50.24) feet for the north side yard setback and twenty-five and sixty-five hundredths (25.65) feet for the south side yard setback as per Section 179-13C, which requires one hundred (100) feet for the side yard setback in the Land Conservation Zone. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES NOT ALLOW PLACEMENT OF A STRUCTURE WHICH MEETS THE ZONING REQUIREMENTS. The proposed dwelling will be placed on a long narrow lot which does not permit compliance with side yard setbacks in the Land Conservation Zone. 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? It would appear that the relief requested is the minimum variance necessary to alleviate the specific difficulty presented by the narrowness of the lot and no other option is available for the placement of a structure that would require no variance. 3. WOULD THIS VARIANCE BE DETRIMENTAL TO THE OTHER PROPERTIES IN THE DISTRICT OR NEIGHBORHOOD? It would appear that the variance would not be detrimental to other properties in the district or neighborhood, as this is a mixed zone neighborhood (SFR-1A. RR-5A, and LC-10A), with a number of single family homes on nonconforming lots. 4. WHAT ARE THE EFFECTS OF THE VARIANCE ON PUBLIC FACILITIES OR SERVICES? It would appear that the variance would not effect public facilities or services. STAFF COMMENTS AND CONCERNS: Although the lot area and lot width is nonconforming for - 1 - -/ the current regulations, this property was conforming prior to the current regulations, as it was located in a RR-3A zone and as per the new regulations, Section 179-76 General Exception to the Minimum Lot Requirements, states that any conforming lot of record prior to the 1988 Ordinance shall be deemed as conforming to required area or minimum lot width requirements of the Ordinance." MR. TURNER-Do you have any remarks to make? MR. HARTMAN-No. That covers it. MR. TURNER-It's pretty clear cut. This was not a lot that was subdivided after '82. This was a lot that was, it was a lot under the old '67 Ordinance. So that's why the lot is such as it is, chopped off an existing piece of parcel that's there, conveyed to her. Does anyone have any questions? Okay, I'll open the public hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. TURNER-Okay. Motion's in order. MOTION_.._-,!,_º-._ APPROVE AREA VARIANCE NO. 16-1993 RICH~RD ._~ SUSAN" HARTMAN, Introduced by Theodore Turner who moved for its adoption, seconded by Chris Thomas: Grant the applicant 50.24 feet of relief from the north side yard setback, and 25.65 feet of relief from the south side yard setback, as per Section 179-13C, which requires 100 feet of relief for the side yard setback. The practical difficulty is it's a preexisting lot, and the zone changes placed this lot in a unique situation. It is the minimum variance allowed for the relief requested. There is no adverse effect on the neighborhood or the district. and no one is in opposition or in favor. There are no effects on the public facilities and services. Duly adopted this 30th day of March, 1993, by the following vote: AYES: Mr. Karpeles, Mr. Thomas, Mr. Philo, Mr. Carvin, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston MR. TURNER-Okay. On motion meeting was adjourned. RESPECTFULLY SUBMITTED. Theodore Turner, Chairman - 2 -