UV.Application Down of QueeJuN
Office Stamp
date in p USE VARIANCE APPLICATION NUMBER
( To Be Reviewed Br. Zoning Soars of Appeals I /o�&
Adirondack Park Agency Referral: ✓ cross reference
y�
(if Applicabl�) A
Warren County Planning Referral:
Received By: (initial):
Amount Received: $ D
�¢�--- //''
1. Applicant's Name: Cyr tolt C
Street Address:
City, State, Zip: D� jRID
Telephone No. ( r) — �9 7 7
2. Agent's Name:
Street Address:
City, State, Zip:
Telephone No. ( )
3. Owner's Name: e Cyj
Street Address:
City, State, Zip:
Telephone No. ( ) _ _ n
4. Location of Property: 7--o�<T (�al/i I ,�1 �UT�O� , k/&f(ski
5. Description of how to find the property:_ lQ�/'QJyw
6. Tax Map Number: Section:
Block: Lot: 5• G�
F
7. Zone Classification: — k—1 4
8. Allowable Uses as per Ordinance (describe): jLX{n �1 cl�L�„ _
Page 1
9.' Present Use(s) of Property (explain in detail): j�j kVo__C_
10. Proposed Use of Property: describe the proposed change that you are making to
the present use:
�_- If�.Ut/101/t° `f1nP .�G S�nt o2 �f�✓JlTly� i�lh
Q. CIAns 0`2 j rrAt/S
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cc ce,'Pc.eow lx�- a n. le4 rn •hit o , TAj,� e"-e- -i ib
11. Is the property in qu4ion within 500 feet of a County for State R h
Park, Municipal Boundary or Watershed draining any County or State facilities, requirinfcgg
review by the WARREN COUNTY PLANNING BOARD: 'F
( N-N 1,C.6t LJI.e�
Yes: No:
12. List the Names, Addresses (include Tax Map Number and Zone) of all adjoining
property owners: You may obtain tax map numbers from the Assessment Department
as well as the names and addresses of neighboring property owners. Zones may be
obtained from the Tax Maps located in the Building and Codes Department.
NORTHERLY: ` (/
Tax Map Number:
Zone:
Name:
Street Address: 016
75-n v-e
City, State, Zip: /-1 /6' 02
SOUTHERLY:
Tax Map Number:
Zone:
--� / ,vCl L O �s
Name: �l D /7 A/ C-�- S C ti1/
�•
Street Address: �'h//1/e � S th
Box a
City, State, Zip: 6 /) N•1
- -- T.��d
EASTERLY: _ ry
Tax Map Number: ()\AJ'►� t'-'O L`.M (q/q� `�,,��
- Zone:
Name:
Street Address:
City, State, Zip:
WESTERLY:
Tax Map Number: 0 I`j1.��'l� Cc n�n
Zone: - �
Name:
Street Address:
City, State, Zip:
Page 2
**IMPORTANT * PLEASE READ**
An individual who wants to utilize property for a use that is not permitted by the zoning ordinance
must apply for a use variance. An applicant for a use variance must demonstrate that the ordinance
creates an unnecessary hardship on the property by satisfying all of the following three tests:
1. Reasonable Return
The applicant must demonstrate an inability to realize a reasonable return under any of the
uses permitted by the zoning ordinance. There must be proof of the applicant's inability to
realize reasonable return; speculation or qualitative assessment is inadequate. Failure to realize
the highest return is not a hardship.
2. Uniqueness
The applicant must prove that a specified unnecessary hardship exists because of (1) exceptional
or extraordinary circumstances applying to the property and not applying generally to other
properties in the same district and (ll) lot size or shape legally existing prior to the date of
the zoning ordinance, or topography, or other circumstances over which the applicant has had
no control, AND that these circumstances make it impossible to earn a reasonable return without
some adjustment. If the features or conditions are generally applicable throughout the district,
relief should be accomplished by a zoning amendment, not a variance.
3. Character
The applicant must prove that the requested modification will not change the character or quality
of the neighborhood. In addition, the "spirit" of the ordinance or local law should be preserved.
Please answer the following questions. Attach additional sheets if necessary.
1. Is a reasonable return possible if the land is used as zoned? Yes ( ) No ( )
Explain: See Attached
2. Are the circumstances of this lot unique and not due to the unreasonableness of the ordinance?
Yes No ( )
Explain: / ' -7 1c,
01
h L rJILLtl,
YI�I.L' �—1 ( sn 1 h j k/,x R7 3. Is Is there an adverse effect on neighborhood character? Yes ( y) No See) See 'Attached
Explain:
See Attached
4. Other comments:
Page 3
APPLICANT PLEASE READ
The Planning Department requires 14 maps of your Variance site plan, 1 original
application and 13 copies with narrative and supporting reports, if applicable and review
fees as required.
All maps must be folded to an 8% by 14 inch or smaller format. All components
of the submittal must contain all information required under the applicable Town Law
or Regulation.
A complete application is necessary for placement on the Queensbury Zoning Board
of Appeals Agenda.
The necessary information that you will need for a complete Variance site plan is
listed on the next page.
Please return the original application with all pages intact.
APPLICATIONS MUST BE RECEIVED BY Z p.m. ON THE DEADLINE DATE.
However, submittals will be accepted prior to the submission deadline date for staff
review and placement on the agenda.
The deadline dates for submission are listed on the deadline submission sheet available
in the Planning Department.
Applicant please initial
Signature of Applicant
Signature of Agent
Dated this J day of �i-- years
Page 4
-Q.!
TOWN OF QUEENSBURY
"The parties hereto consent that the proceedings which result from the within
application may be taped recorded and transcribed by the Town Clerk or his agent and
that such minutes as may be transcribed shall constitute the official record of all
proceedings regarding this application, unless the same may vary from the handwritten
minutes taken by the Town Clerk or the Secretary of the Planning Board or Zoning Board
of Appeals, in which event the handwritten minutes as to such inconsistencies sball be
deemed the official record."
DATE: 19
(Applicant's Signature)
BAY AT HAVILAND ROAD
QUEENSBURY, NEW YORK, 12801
FOR OFFICE USE ONLY: TELEPHONE: (518) 792-5832
Application Number:
Applicants Name:
SETTLED 1763 . . . HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE
i
ATTACHMENT
Arakelian Use Variance
Application
1. A reasonable return is not possible under the current zoning
restrictions. The property at issue is a valuable piece of
lakeside property purchased to accommodate the entire Arakelian
family. The existing home was built to accommodate three family
members, and it was anticipated that an existing cabin on the
property would accommodate the other family members. A septic
system was installed at great expense which was designed to
adequately handle all waste water from the primary home and this
cabin. I has become apparent since the time that these plans were
made, that the cabin will have to be removed because its continued
structural integrity will become suspect. Therefore, it has been
proposed to rebuild the structure, including the present
accommodations from the cabin; and a needed garage, close to the
location of the existing cabin, but further away from the brook
that traversed the property, and thereafter the cabin would be
removed. Under the ordinance, only one primary residence may be
built per acre of land. The Zoning Board of Appeals , on September
21 , 1988 determined that this new structure would be a violation
of that provision of the ordinance. Consequently, the Arakelian' s
may not build the proposed structure unless they are granted a
variance from this ordinance.
Unless this variance is granted, the Arakelian' s will be unable to
accommodate their entire family in the present home. It is
believed that they may be required to put in an entirely separate
septic system if they are required to build the garage on the
portion of their property that is on the east side of the brook,
and this would result in enormous additional cost, if, in fact,
approvals for such a system could even be obtained. They built
the existing home at great cost, and now believe that additional
expenditures will preclude them from realizing any reasonable
return on the property.
2. The lot is unique because it is effectively cut in the middle
by a brook which creates significant difficulties for building on
the 2 1/2 acre site in terms of making provisions for water supply
and waste water disposal. The shape of the lot does not allow any
alternative placement of the structure, considering the location
of the brook. This unique condition is due solely to the
configuration of the lot, and not due to any conduct of the
Arakelian' s nor to any provisions of the ordinance.
3. The requested variance will allow the Arakelian' s to build an
aesthetically pleasing structure on their property, in place of
the existing old cabin which requires significant repair. The
building of this structure will serve to preserve the property
value of the neighboring lands and will provide a much more
attractive vista for those same neighbors.
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