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Staff Notes Staff Notes ZBA April 21 , 2021 April 21 , 2021 ZBA Meeting: Approval of Meeting Minutes: March 17, 2021 March 24, 2021 Administrative Items: Table AV 3 9-2020 (Godnick) to May 19, 2021 Meeting Table AV 7-2021 (Tuccillo) to May 19, 2021 Meeting Extension of AV 5-2020 (Heinzelmann) for 1 year from May 20, 2021 to May 20, 2022 Old Business: AV 14-2021 Robert McCormick New Business: AV 21-2021 Ron & Ruth Jameson AV 23-2021 Peter Rienzi AV 24-2021 Paul Lorenz AV 22-2021 Ronald O. Morehouse Queensbury Zoning Board of Appeals Agenda Meeting: 4/21/2021 Time: 7:00- 11:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Approval of meeting minutes: March 17,2021 &March 24,2021 Administrative Items: Table AV 39-2020(Jeffrey Godnick)to May 19,2021 Meeting Table AV 7-2021 (Victoria Tuccillo)to May 19,2021 Meeting Extension of AV 5-2020(Thomas Heinzelman)for 1 year from May 20,2021 to May 20,2022 OLD BUSINESS: Applicant(s) Robert McCormick Area Variance No AV 14-2021 Owner(s) Robert McCormick SEQRA Type Type II Age t s Joseph J.Bianchine,PE Lot Size 4.69 acres Location 18 Dark Bay Lane Zoning WR Ward No. Ward 1 Tax Id No 239.18-1-45 Section 179-3-040; 179-6-065; 179-5- 020; 179-13-010 Cross Ref SP 13-2021; SP 15-91; SP 59-88 Warren County Planning March 2021 Public Hearing March 17, 2021;April 21,2021 Adirondack Park Agency ALD Proiect Description(Revised): Applicant proposes a 110 sq.ft.porch addition to the main home and a 116 sq.ft.porch addition also on the main home. The project includes a 500 sq.ft. carport addition to the existing 624 sq.ft.garage and construction of a 1,195 sq. ft.garage with three bays. Site plan review for new floor area in a CEA,expansion of a non-conforming structure,and project work within 50 ft.of 15%slopes. Relief requested for size of garage and second garage. NEW BUSINESS: Applicant(s) Ron&Ruth Jameson Area Variance No. AV 21-2021 Owners Ron&Ruth Jameson SE RA Type Type II Agent(s) Ethan Hall Rucinski Hall Architects Lot Size 0.32 acres Location 94 Hall Road Zoning WR Ward No. Ward 1 Tax Id No 289.11-1-24 Section 179-3-040 Cross Ref SP 21-2021;PT 721-2019 Warren County Planning n/a Public Hearing Aril 21,2021 Adirondack Park Agency n/a Proiect Description: Applicant proposes to demo existing home and garage to construct a new home with a footprint of 2,440 sq.ft. and floor area of 3,478 sq.ft.,includes attached garage and covered patio. The project includes associated site work for grading, stormwater controls,and plantings. Site plan for hard surfacing within 50 ft.of the shoreline and new floor area in a CEA. Relief requested for setbacks,floor area, and permeability. Applicant(s) Peter Rienzi Area Variance No. AV 23-2021 Owners Peter Rienzi SEQRA Type Type II Agent(s) Nicholas Zeglen(Environmental Design Lot Size 0.23 acres Partners Location 374 Cleverdale Road Zoning WR Ward No. Ward 1 Tax Id No 226.12-1-60 Section 179-3-040; 179-4-080 Cross Ref SP 24-2021;AST 423-2020;AV 1452;SP 25-97; Warren County Planning April 2021 SP 26-97;SP 2-89 Public Hearing April 21,2021 Adirondack Park Agency ALD Proiect Description: Applicant proposes to rebuild an existing 422 sq.ft.deck area and construct a new 365 sq.ft.expansion to the deck for a total of 787 sq.ft. deck. The existing 2 story home of 1,414 sq.ft.(footprint)to remain. Site plan for expansion of nonconforming structure in a CEA. The site has an existing permeable walkway from the home to the shoreline. Relief requested for setbacks and permeability. Queensbury Zoning Board of Appeals Agenda Meeting: 4/21/2021 Time: 7:00- 11:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Paul Lorenz Area Variance No. AV 24-2021 Owners Paul Lorenz SEQRA Type Type II Agent(s) Jarrett Engineers,PLLC Lot Size 0.5 acres Location 78 Quaker Road Zoning CI Ward No. Ward 2 Tax Id No 302.6-1-61 Section 179-3-040; 179-5-050 Cross Ref SP 26-2021;AV 80-1990;AV 91-2002;SP 26- Warren County Planning April 2021 2003;SP 92-90;SV 25-2004;UV 83-1990 Public Hearing Aril 21,2021 Adirondack Park Agency n/a Protect Description: Applicant proposes a 240 sq.ft.shed to be placed on property. The existing commercial building of 4,079 sq.ft. to remain. The site and building use remains the same,AutoFix(auto service/repair facility). Site plan for installation of a shed on a commercial property. Relief requested for setbacks. Applicant(s) Ronald O.Morehouse Area Variance No. AV 22-2021 Owner(s) Ronald O.Morehouse SEQRA Type Type II A ent s Donald Pidgeon Lot Size 0.14 acres Location 66 Ohio Avenue Zoning NR Ward No. Ward 4 Tax Id No 309.9-1-82 Section 179-3-040 Cross Ref BISV 89-2021;RC 289-2018 Warren County Planning n/a Public Hearing April 21,2021 Adirondack Park Agency n/a Protect Description: Applicant proposes to place an existing 980 sq.ft.mobile home on a 6,000 sq.ft. lot Project includes connection to municipal water and installation of a septic system. Site work includes placement for the mobile home,driveway,and installation of the septic. Relief requested for setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre-Zoning Office\ZBA Monthly 2021\April 21,2021\Final ZBA Agenda April 21,2021.docx The public will be allowed to attend and be allowed to make comments to the Zoning Board during the Public Hearing for the specific project;however,on-site attendees must abide by the Town's posted COVID-19 rules. The Town is also accommodating those who wish to view and participate remoter • To view live please visit:Town of Queensbury YouTube Live. • To make comments during the Public Hearing,call 518-761-8225.NOTE:To assure the inte rity and validity of the public comments,the only calls that will be recognized will be those that show a caller identification. The Town wishes to remind its residents that public comments can be shared with Zoning Board members by email. Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 14-2021 Project Applicant: Robert McCormick Project Location: 18 Dark Bay Lane Parcel History: SP 13-2021; SP 15-91; SP 59-88 SEQR Type: Type II Meeting Date: April 21, 2021 Description of Proposed Project: Revised: Applicant proposes a 110 sq. ft. porch addition to the main home and a 116 sq. ft. porch addition also on the main home. The project includes a 500 sq. ft. carport addition to the existing 624 sq. ft. garage and construction of a 1,995 sq. ft. garage with three bays. Site plan review for new floor area in a CEA, expansion of a non-conforming structure, and project work within 50 ft. of 15% slopes. Relief requested for size of garage and second garage. Relief Required: The applicant requests relief for size of garage and second garage in the Waterfront Residential zone—WR. Section 179-5-020—garage The proposed second garage is to be 1,995 sq. ft. and to be 3 bays. Relief is requested for the second garage, garage greater than 1,100 sq. ft. The garage was reduced from 3,113 sq. ft. 8-car garage. 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 may be considered to expand the existing garage. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate to substantial relevant to the code. Relief is requested for a second garage and 895 sq. ft. in excess. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to 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. Staff comments: The applicant proposes to construct a second garage to store classic cars and antique boats. The new garage is to be 16 ft. in height and have 3 bays. The plans show the revision of the size and appearance of the garage on the site. The garage has been located closer to the home with a shorter driveway and smaller disturbance area. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 ww, To of Queensbun, Area Variance Resolution To: Approve/Disapprove Applicant Name: Robert McCormick File Number: AV 14-2021 Location: 18 Dark Bay Lane Tax Map Number: 239.18-1-45 ZBA Meeting Date: March 17, 2021; April 21, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Robert McCormick. (Revised): Applicant proposes a 110 sq. ft. porch addition to the main home and a 116 sq. ft. porch addition also on the main home. The project includes a 500 sq. ft. carport addition to the existing 624 sq. ft. garage and construction of a 1,195 sq. ft. garage with three bays. Site plan review for new floor area in a CEA, expansion of a non-conforming structure, and project work within 50 ft. of 15% slopes. Relief requested for size of garage and second garage. Relief Required: The applicant requests relief for size of garage and second garage in the Waterfront Residential zone—WR. Section 179-5-020—garage The proposed second garage is to be 1,995 sq. ft. and to be 3 bays. Relief is requested for the second garage, garage greater than 1,100 sq. ft. The garage was reduced from 3,113 sq. ft. 8-car garage. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,March 17, 2021 & Wednesday April 21, 2021. 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 14-2021, Introduced by , who moved for its adoption, seconded by Duly adopted this 2111 Day of April 2021 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2021 Project Applicant: Ron & Ruth Jameson Project Location: 94 Hall Road Parcel History: SP 21-2021; PT 721-2019 SEQR Type: Type II Meeting Date: April 21,2021 Description of Proposed Project: Applicant proposes to demo existing home and garage to construct a new home with a footprint of 2,440 sq. ft. and floor area of 3,478 sq. ft., includes attached garage and covered patio. The project includes associated site work for grading, stormwater controls, and plantings. Site plan for hard surfacing within 50 ft. of the shoreline and new floor area in a CEA. Relief requested for setbacks, floor area, and permeability. Relief Required: The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home in the Waterfront Residential zone- WR Section 179-3-040 dimensional requiments The new home is to be located 17 ft. 8 inches from the shoreline where a 50 ft. setback is required;then 11 ft. 3 inches to the north property line and 15 ft. 8 inches from the south property line where 20 ft. is required. Floor area proposed is 23.95%where 22 % is allowed. 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 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 could be achieved by reducing the home size—would reduce setback and floor area. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 32 ft. 4 inches from the shoreline, 4ft. 4 inches south and 8 ft. 9 inches from the north property line. Floor area relief is 1.95%. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has indicated the new home would allow for an updated home with a garage. The home is in a similar location as the previous home. The plans show the location of the home on the parcel and the elevations. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 a- - Toµm of Queensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Ron&Ruth Jameson File Number: AV 21-2021 Location: 94 Hall Rd. Tax Map Number: 289.11-1-24 ZBA Meeting Date: April 21, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Ron& Ruth Jameson. Applicant proposes to demo existing home and garage to construct a new home with a footprint of 2,440 sq. ft. and floor area of 3,478 sq. ft., includes attached garage and covered patio. The project includes associated site work for grading, stormwater controls, and plantings. Site plan for hard surfacing within 50 ft. of the shoreline and new floor area in a CEA. Relief requested for setbacks, floor area, and permeability. Relief Required: The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home in the Waterfront Residential zone- WR Section 179-3-040 dimensional requiments The new home is to be located 17 ft. 8 inches from the shoreline where a 50 ft. setback is required; then 11 ft. 3 inches to the north property line and 15 ft. 8 inches from the south property line where 20 ft. is required. Floor area proposed is 23.95%where 22 % is allowed. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,April 21, 2021. 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outwei hg(approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 21-2021, Introduced by , who moved for its adoption, seconded by Duly adopted this 2111 Day of April 2021 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 23-2021 Project Applicant: Peter Rienzi Project Location: 374 Cleverdale Road Parcel History: SP 24-2021; AST 423-2020; AV 1452; SP 25-97; SP 26-97; SP 2-89 SEQR Type: Type II Meeting Date: April 21,2021 Description of Proposed Project: Applicant proposes to rebuild an existing 472 sq. ft. deck area and construct a new 304 sq. ft. expansion to the deck-totaling 776 sq. ft. deck. The existing 2 story home of 1,414 sq. ft. (footprint)to remain. Site plan for expansion of nonconforming structure in a CEA. The site has an existing permeable walkway from the home to the shoreline. Relief requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of deck to an existing home in the Waterfront Residential zone -WR. Section 179-3-040 dimensional requirements, 179-13-010 expansion of non-conforming; structure. The new deck is to be located 42 ft. from the shoreline where a 50 ft. setback is required. The side setback to the north is to be 19 ft. where a 20 ft. setback is required. The permeability is to be 70.3 % where 75% is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: l. 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 may be considered limited due to the location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief is for 8 feet to the shoreline and 1 foot for the side. Then relief 4.7%for permeability. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a new deck on an existing home that is an upper level of the home. The project does not alter existing conditions under the deck area or area to the shore. The plans show the deck area to be constructed in relation to the home. Zoning Board of Appeals—Record of Resolution } Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 loin of CZeensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Peter Rienzi File Number: AV 23-2021 Location: 374 Cleverdale Rd. Tax Map Number: 226.12-1-60 ZBA Meeting Date: April 21, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Peter Rienzi. Applicant proposes to rebuild an existing 472 sq. ft. deck area and construct a new 304 sq. ft. expansion to the deck for a total of 776 sq. ft. deck. The existing 2 story home of 1,414 sq. ft. (footprint)to remain. Site plan for expansion of nonconforming structure in a CEA. The site has an existing permeable walkway from the home to the shoreline. Relief requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of deck to an existing home in the Waterfront Residential zone -WR. Section 179-3-040 dimensional requirements, 179-13-010 expansion of non-conforming structure. The new deck is to be located 42 ft. from the shoreline where a 50 ft. setback is required. The side setback to the north is to be 19 ft. where a 20 ft. setback is required. The permeability is to be 70.3 % where 75% is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,April 21, 2021. 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 23-2021, Introduced by , who moved for its adoption, seconded by Duly adopted this 21st Day of April 2021 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 24-2021 Project Applicant: Paul Lorenz Project Location: 78 Quaker Road Parcel History: SP 26-2021; AV 80-1990; AV 91-2002; SP 26-2003; SP 92-90; SV 25-2004; UV 83- 1990 SEQR Type: Type II Meeting Date: April 21,2021 Description of Proposed Project]- Applicant proposes a 240 sq. ft. shed to be placed on property. The existing commercial building of 4,079 sq. ft. to remain. The site and building use remains the same, AutoFix (auto service/repair facility). Site plan for installation of a shed on a commercial property. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks to install a shed on a commercial property in a Commercial Intensive zone—CI Section 179-3-040 dimensional requirements, 179-5-020—sheds The shed is to be located 10 ft. from the property line where a 25 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 to be limited as the lot is a corner lot and the shape of the parcel. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for side setback of 15 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. Staff comments: The applicant proposes to place a shed on the property that does not meet the setbacks. The applicant has indicated the shed location is due to the location of the existing building and the use of the shed. The shed is to be consistent with the building. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 VAL" lbow o(Qucensbui), Area Variance Resolution To: Approve/Disapprove Applicant Name: Paul Lorenz File Number: AV 24-2021 Location: 78 Quaker Rd. Tax Map Number: 302.6-1-61 ZBA Meeting Date: April 21, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul Lorenz. Applicant proposes a 240 sq. ft. shed to be placed on property. The existing commercial building of 4,079 sq. ft. to remain. The site and building use remains the same,AutoFix (auto service/repair facility). Site plan for installation of a shed on a commercial property. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks to install a shed on a commercial property in a Commercial Intensive zone—CI Section 179-3-040 dimensional requirements, 179-5-020—sheds The shed is to be located 10 ft. from the property line where a 25 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,April 21, 2021. 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh_(approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 24-2021, Introduced by , who moved for its adoption, seconded by Duly adopted this 2111 Day of April 2021 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 22-2021 Project Applicant: Ronald O. Morehouse Project Location: 66 Ohio Avenue Parcel History: BISV 89-2021; RC 289-2018 SEQR Type: Type II Meeting Date: April 21, 2021 Description of Proposed Project: Applicant proposes to place an existing 980 sq. ft. mobile home on a 6,000 sq. ft. lot Project includes connection to municipal water and installation of a septic system. Site work includes placement for the mobile home, driveway, and installation of the septic. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for the placement of a mobile home in the Neighborhood Residential zone -NR. Section 179-3-040- dimensionl requirements The mobile home is to be placed 10 ft. from the rear property line where a 15 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. The project may be considered to have little impact on the neighboring properties. 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. The feasible alternatives may be limited due to the lot size and location of the proposed septic. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. The relief is 5 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes placement of an 840 sq. ft. mobile home on an existing 4,500 sq. ft. parcel. The plans note the placement of the home. The applicant has included photos of the mobile home to be placed on the parcel. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 r f 7bavn of Queensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Ronald O. Morehouse File Number: AV 22-2021 Location: 66 Ohio Ave. Tax Map Number: 309.9-1-82 ZBA Meeting Date: April 21, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Ronald O. Morehouse. Applicant proposes to place an existing 980 sq. ft. mobile home on a 6,000 sq. ft. lot Project includes connection to municipal water and installation of a septic system. Site work includes placement for the mobile home, driveway, and installation of the septic. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for the placement of a mobile home in the Neighborhood Residential zone -NR. Section 179-3-040- dimensionl requirements The mobile home is to be placed 10 ft. from the rear property line where a 15 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,April 21, 2021. 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh(approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 22-2021, Introduced by , who moved for its adoption, seconded by Duly adopted this 21st Day of April 2021 by the following vote: AYES: NOES: