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Approval resolution i Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town ofCiumnsbuzy FOLLOW—UP RESOLUTION March 20,2015 Wesley Padgett,Development Manager RCG Ventures,LLC—Texas Road House Restaurant 3060 Peachtree Road,NW Atlanta, GA 30305 RE: Sign Variance No.4-2015, Wesley Padgett for RCG Ventures Texas Roadhouse Restaurant 820 State Route 9 Dear Mr. Padgett: Your application,after review and consideration by the Zoning Board of Appeals,was approved(resolution attached). The variance approval is valid for one(1)year from the date of approval. You may request an extension of approval before the one(1)year time-frame has expired. See section 179-14-090. Additional requirements and review for this proieet shall include: _X_ Submit four(4)copies of the approved plan depicting all changes and conditions of the approval as adopted by the Zoning Board of Appeals. Please bring the plans to the Zoning Office for the Zoning Administrator's signature.These plans will need to be reviewed and approved prior to issuance of a building permit. _X_ Please contact Bruce Frank,Code Compliance Officer at 761-8226 within 30 days of the ZBA approval date for a pre-construction meeting before any work is started. Notes: Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building&Codes personnel; Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a building permit unless the proposed project requires review,approval,or permit from the Town Planning Board and/or the Adirondack Park Agency,Lake George Park Commission or other State agency or department. Subsequent issuance of further permits, including building permits are dependent on receipt of these final plans. This office will be performing necessary inspections related to Site issues, not Building Code issues,throughout the duration of the project. Completion of and continued compliance with all details and conditions of approval are required in order to receive and maintain approvals. Please contact the Building&Codes office at 518-761-8256 for their requirements regarding submission of a building permit. Since / Craig Brown Director of Planning&Zoning Zoning Administrator CB/sh cc: Tony Stellato,PE CHA Consulting,Inc. Phone: 518.761.82201 Fax: 518.745.44371742 Bay Road,Queensbury,NY 128041 www.queensbury.net Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518)761-8238 Town of Queensbury - RESOLUTON APPROVING SIGN VARIANCE 4-2015 WESLEY PADGETT FOR RCG VENTURES (Texas Roadhouse Restaurant) Tax Map ID 296.18-1-47/Property Address: 820 State Route 9 Wesley Padgett for RCG Ventures has revised the application to remove the freestanding sign. The project still contains a wall sign facing Upper Glen Street that exceeds the 30 sq. ft.maximum size and have applied to the Town of Queensbury Zoning Board of Appeals for a Sign Variance. Relief requested from the maximum size requirements for the CI district from Chapter 140 of the Town Zoning Law; As required by General Municipal Law Section 239-m the variance application was referred to the Warren County Planning Department for its review; on 3-14-15 there was a recommendation of No County Impact; SEQR Type Unlisted; The ZBA conducted a public hearing on Wednesday,March 18,2015; 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 because this business fits the corridor where it will be. 2. Feasible alternatives are not necessary at this point;we have not considered any feasible alternatives. 3. The requested variance is substantial based on the amount of requests being asked, but we find it not to be a hindrance. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. Based on the above findings I make a MOTION TO APPROVE Sign Variance No.4-2015, Wesley Padgett,Development Manager/RCG Ventures,LLC(Texas Road House Restaurant),Introduced by Kyle Noonan,who moved for its adoption,seconded by Michael McCabe: Duly adopted this 18th day of March 2015 by the following vote: AYES: Mr.Garrand,Mr.Urrico,Mr.McCabe,Mr.Noonan,Mr.Jackoski NOES: NONE ABSENT: Mr.Henkel,Mr.Kuhl Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518)761-8238 Town of Queensbury SEQR RESOLUTION—APPROVE NEGATIVE DECLARATION SIGN VARIANCE 4-2015 WESLEY PADGETT FOR RCG VENTURES,LLC(Texas Roadhouse Restaurant) TAX MAP ID 296.18-147/PROPERTY ADDRESS: 820 State Route 9 The applicant proposes to remove the freestanding sign. The project still contains a wall sign facing Upper Glen Street that exceeds the 30 sq.ft. maximum size. The Zoning Board has determined that the proposed project and Zoning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; Motion regarding Sign Variance No. 4-2015 Wesley Padgett,Development Manager/RCG Ventures,LLC (Texas Road House Restaurant) based upon the information and the analysis of the above supporting documentation provided by the applicant,this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration,Introduced by Richard Garrand who moved for its adoption,seconded by Michael McCabe: Duly adopted this 18a'day of March,2015,by the following vote: AYES: Mr.Noonan,Mr.Urrico,Mr.McCabe, Mr. Garrand,Mr.Jackoski NOES: NONE ABSENT: Mr. Henkel,Mr.Kuhl Phone: 518.761.82201 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbary.net