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Baertschi Minutes(Queensbury ZBA Meeting 10/28/2020) 1 NEW BUSINESS: AREA VARIANCE NO. 33-2020 SEQRA TYPE TYPE II JEFF & KIRSTIE BAERTSCHI OWNER(S) JEFF & KIRSTIE BAERTSCHI ZONING WR LOCATION 82 ASSEMBLY POINT RD. APPLICANT RECEIVED AN AREA VARIANCE IN 2016 FOR A NEW HOME WITH A 220 SQ. FT. DECK. WHEN THE AS-BUILT SURVEY WAS COMPLETED, THE DECK WAS 272 SQ. FT. THE EXISTING HOME IS 2,367 SQ. FT. RELIEF REQUESTED FOR SETBACKS. CROSS REF AST 166-2020; AST 177-2020; PZ 173-2016; RC 515-2016 WARREN COUNTY PLANNING OCTOBER 2020 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.6 ACRES TAX MAP NO. 239.12-2-43 SECTION 179-3-040 JEFF BAERTSCHI, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 33-2020, Jeff & Kirstie Baertschi, Meeting Date: October 28, 2020 “Project Location: 82 Assembly Point Rd. Description of Proposed Project: Applicants received an area variance in 2016 for a new home with a 220 sq. ft. deck. When the as-built survey was completed, the deck was 272 sq. ft. The existing home is 2,367 sq. ft. Relief requested for setbacks. Relief Required: The applicants request relief for setbacks in the Waterfront Residential zone – WR Section 179-3-040 dimensional requirements and 179-4-080 decks The existing deck is 20.8 ft. to the south property line where a 25 ft. setback is required and is 20.1 ft. to east property line where a 30 ft. setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives appear limited as the deck has already been constructed. The applicants have indicated the deck being slightly larger allows for furniture and people to maneuver safely. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief on the south property line is 4.2 ft. and the east property line is 9.9 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor impacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. (Queensbury ZBA Meeting 10/28/2020) 2 Staff comments: The applicants propose to maintain a 272 sq. ft. deck that had been constructed when the house was built. The plans show the location of the deck on the home and the applicant provide photos with furniture on it.” MR. MC CABE-So let me ask Staff. This was picked up on the as builts. Now we didn’t always do this. Right? MRS. MOORE-We’ve been doing as builts probably for the last eight years since I’ve been back, maybe a little bit longer, but correct. When I was here in 1996 and through there we did not do as builts that I can remember. MR. MC CABE-But this is the first case that I remember that we’ve picked up a change on the as builts. Is that true? MRS. MOORE-It’s possible. MR. MC CABE-So you’re Mr. Baertschi? MR. BAERTSCHI-Yes. MR. MC CABE-So would you like to add anything to the request or talk to us at all? I’m going to ask you, when you’re done, there should be some wipes there. So just wipe down the podium and the microphone. MR. BAERTSCHI-Sure. Basically what happened was I didn’t build the deck when I b uilt the house. Basically when we finished the house we were out of budget and so we put the ledger board on. We planned on doing the deck a few years down the road, whatever. When COVID hit and we were all taxed with probably having to stay home possibly I said now’s a good time to, I have the material here so if I have time I’ll build the deck. So we did that, not realizing, first of all, I didn’t realize that I needed a building permit because I thought it was covered under the house building permit because it was on the plan. Dave Hatin came by and informed me that, you know, he asked me are you building a deck., I said, yes, definitely. He said well you’ve got to have a building permit. I said okay, no problem. When I started, and th e deck at that point was already all framed up and half decked, and when I originally started building it, or built it at 10 feet or started laying it out at 10 feet, I realized there’s no way with a table on this thing that this is even wide enough. You can’t, you’d be sliding right off the edge of the deck. So I said well I’ll just make it two feet bigger, not thinking it was any big deal. My mother, the setback is against her right of way, not a buildable lot, and my mother owns that right of way which is actually going to be conveying it to me shortly, but not thinking it was any big deal because 10 feet just didn’t cut the mustard on that. So I built it two feet deeper and then Craig Brown asked me what size it was. So I told him. He came up and said I want to come out and measure it anyway. So he did and he said well we think you’re over but you’ll have to get a survey done. So I had to get a survey done and sure enough it doesn’t meet the setback that we had originally. So he said well you’ve got to get a variance. So that’s where I am today, asking for a variance. As far as I’m concerned and none of my neighbors are concerned about it. It doesn’t impact anybody to the back that it faces. There’s only a garage on that other lot an it’s up close to Holly Lane anyway. So it doesn’t impact anybody down back there. There’s actually, before that property line as you can see on the survey it’s a 30 foot right of way that you can’t build anything on anyway. So as far as I was concerned it’s not that big a deal. (Queensbury ZBA Meeting 10/28/2020) 3 MR. MC CABE-So do we have questions of the applicant? MR. KUHL-Would you tell me what the original approved deck dimensions were? MR. BAERTSCHI-It was, I can’t remember what the, whatever the 23 feet is, you know, width wise, but it was 10 feet off the house. MR. KUHL-10 by something and you built it 12 by something? MR. BAERTSCHI-Correct. MR. KUHL-Put out your hand you’re going to get smacked, but that’s the difference, the 10 to the 12? MR. BAERTSCHI-Yes. MR. KUHL-But the lateral dimension is the same? MR. BAERTSCHI-Correct. MR. KUHL-Okay. Thank you. MR. HENKEL-Now, Laura, if he owns that, that right of way becomes his then would that cause a problem still? MRS. MOORE-No. MR. HENKEL-Because if he owned the right of way. MRS. MOORE-It would eliminate it. MR. HENKEL-It would eliminate it. Because it’s going to happen in the future you said. Mr. BAERTSCHI-I’m actually one of the owners of it because it was put in all of our kids’ names. MR. HENKEL-Well, if that’s the case you wouldn’t think it would be a problem now then. MR. BAERTSCHI-That’s why I didn’t think it was an issue. MRS. MOORE-So what happened with the property line is once that right of way is potentially owned by you, then right now it’s a separate lot. So it needs to be merged Then it would not be considered an issue. If you keep it as two separate lots, then the issue still remains. So hence the variance is still needed. MR. HENKEL-Okay. MR. MC CABE-Other questions? So a public hearing has been advertised. So a this particular time I’m going to open the public hearing. I’m going to invite anybody on the outside who would like to comment on this to give us a call at 518-761-8225, and, Roy, do we have any written comment on this particular project? PUBLIC HEARING OPENED (Queensbury ZBA Meeting 10/28/2020) 4 MR. URRICO-There’s one. “We have received a public hearing notice for the above referenced request. From what we can see this, is a 2 foot encroachment on an unused right of way. We have no objections whatsoever to this variance. Furthermore, when all the COVID nonsense is done, we are looking forward to extra space the deck will allow for cocktail parties. Brian and Meredith Hogan” I believe that’s Holly Lane. MR. MC CABE-So we just have to wait for a couple of more minutes for anybody on the outside to have a chance to call in. So at this particular time, I’m going to close the public hearing, and I’m going to poll the Board. PUBLIC HEARING CLOSED MR. MC CABE-And I’m going to start with Michelle. MRS. HAYWARD-I’m in favor of your project. Of course we don’t look favorably when projects come to us like this, but under the circumstances and your explanation, I’m in full support. MR. MC CABE-Ron? MR. KUHL-It’s just one of those things when you get previous approvals and you look at it and you start to build it and you think that, you know, you didn’t ask for enough. I don’t think it infringes on anybody and it’s a minimal request. I’d be in favor. MR. MC CABE-John? MR. HENKEL-I also agree it’s very minimal and it doesn’t hurt the neighborhood. It doesn’t hurt the environment. It’s a good project. I’d be for it. MR. MC CABE-Roy> MR. URRICO-I think if we were approving this project for the first time we would probably give it a yes. So I’ll say I’m going to approve it for the second time. MR. MC CABE-Jim? MR. UNDERWOOD-I think if you were coming before us and asking for this for the first time I would have given you up to 14 feet. The pictures a self-explanatory. It’s pretty minimal. So I’d be in favor of it. MR. MC CABE-Cathy? MRS. HAMLIN-I would also vote to grant the request. MR. MC CABE-And I, too, feel that this request is reasonable and minimum and so I’ll support it also, and I’m going to ask Michelle to make a motion. The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeff & Kirstie Baertschi. Applicants received an area variance in 2016 for a new home with a 220 sq. ft. deck. When the as-built survey was completed, the deck was 272 sq. ft. The existing home is 2,367 sq. ft. Relief requested for setbacks. Relief Required: (Queensbury ZBA Meeting 10/28/2020) 5 The applicants request relief for setbacks in the Waterfront Residential zone – WR Section 179-3-040 dimensional requirements and 179-4-080 decks The existing deck is 20.8 ft. to the south property line where a 25 ft. setback is required and is 20.1 ft. to east property line where a 30 ft. setback is required. SEQR Type II – no further review required; A public hearing was advertised and held on Wednesday, October 28, 2020. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties; this is a minimal request and will fit in with the character of the neighborhood. 2. Feasible alternatives have been considered by the Board, are reasonable and have been included to minimize the request. 3. The requested variance is not substantial; the minimal request as stated previously because of this small request for the setbacks. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is self-created but it doesn’t have any bearing on tonight’s ruling. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 33-2020 JEFF & KIRSTIE BAERTSCHI, Introduced by Michelle Hayward, who moved for its adoption, seconded by John Henkel: Duly adopted this 28th Day of October 2020 by the following vote: AYES: Mr. Henkel, Mrs. Hamlin, Mrs. Hayward, Mr. Urrico, Mr. Kuhl, Mr. Underwood, Mr. McCabe NOES: NONE MR. MC CABE-Congratulations. MR. BAERTSCHI-Thank you, ladies and gentlemen. I appreciate it.