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Approval Resolution TOWN OF QUEENSBURY Bay at Haviland Road, Queensbury, NY 12804.9725-518.792.5832 C Theodore Turner, Chairman Susan Geotz, Secretary li 1 6 R.D. #5, Box 409 19 Wincrest Drive 139 Meadowbrook Road Queensbury, New York 12804 Queensbury, New York 12804 TO: Ronald Dufour RE: Use Variance No. 76-1990 4 Phillips Avenue Ronald P. Dufour Oueensbury, New York 12804 corner of Dix Avenue and Phillips Avenue across from S. Queensbury F ire House ATTN: Ronald P. Dufour DATE: September 26, 1990 : Meeting Date We have reviewed the request for: Area Variance X Use Variance Sign Variance Other and have the following recommendations: X APPROVED — DENIED — TABLED RESOLVED: ]NOTION TO APPROVE USE VARIANCE NO. 76-1990 RONALD P. DUFOUR, Introduced by Michael Shea who moved for its adoption, seconded by Charles Sicard: Due to the present zoning, we believe the property cannot be used for the majority of the approved uses. We believe if the applicant is unable to use this property for the proposed use, it will cause a financial hardship. The variance is necessary so his right as a property owner can be maintained. The uses permitted in the CR-15 zone are restricted due to the size of the property and the restrictions of the buffer zone and setbacks. By testimony, it is blatantly obvious that he enjoys vast support from the neighbors. Therefore, the granting of the variance will not be detrimental to the Ordinance or the neighborhood. Any sale or transfer of this property outside of the Dufour immediate family will nullify this variance and that the Short EAF shows no negative impact. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mr. Sicard, Mrs. Goetz, Mr. Carr, Mr. Shea, Mr. Kelley, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston PLEASE READ THE BACK OF THIS FORM - Thank you. Approval of this application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park jurisdictional. Sincerely, Theodore Turner, Chairman Queensbury Zoning Board of Appeals TT/sed cc : Warren County Planning We recommend your purchasing the ZONING ORDINANCE so that you may be fully apprised of all Town of Queensbury regulations. Section 10.070 Expiration of Variance Decision by Zoning Board of Appeals. Unless otherwise specified or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permit to construct any proposed new building(s) or change any existing building(s), or to comply with the conditions of said authorization within one (1) year from the filing date of such decision thereof. Section 10.060 Variance Application Hearing and Decision. C. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail of such decision. Any variance granted or granted with conditions shall not be effective until thirty (30) days after such notice to the Agency. If, within such thirty (30) day period, the Agency determines that such variance involves the provisions of the Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance.