Approval Resolution Zoning Board of Appeals - Record of Resolution F' .
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
James Underwood, Chairman Roy Urrico, Secretary
TO: San Souci of Cleverdale PROJECT FOR: San Souci of Cleverdale, Inc.
6 Holden Avenue 92 Mason Road
Queensbury, NY 12804
The Queensbury Zoning Board of Appeals has reviewed the following request at the below
stated meeting and has resolved the following:
Area Variance No. 38-2009 San Souci of Cleverdale, Inc.
Meeting Date: Wednesday, July 22, 2009
Approved X
MOTION TO APPROVE AREA VARIANCE NO. 38-2009 SAN SOUCI OF CLEVERDALE, INC.,
Introduced by Joan Jenkin who moved for its adoption, seconded by Joyce Hunt:
92 Mason Road. The applicant proposes changes to an existing restaurant to include a 360
square foot expansion to the kitchen and bathroom areas and reconfiguration of lower portion
of building to foot take out and children's game area with seating. The relief required. The
applicant requests relief for the expansion of a nonconforming structure per Section 179-13-010.
Further, the applicant requests six feet of east front setback, and 4.2 feet of north side setback
relief per Section 179-3-040. Additionally, the applicant requests 177 square feet of additional
permeability relief per 179-3-040. The applicant requests also 360 square feet additional Floor
Area Ratio relief per 179-3-040. Finally, the applicant requests a reduction from the minimum
size site parking requirement of 29 spaces down to 15 parking spaces per 179-4-090. The
balancing test, the Board of Appeals shall balance benefit to the applicant with the detriment
to the health, safety, and welfare of the community. The Board shall consider whether the
benefit can be achieved by other means feasible to the applicant. There really is no other
means. They need the additional space in order to make the kitchen and make the restaurant
more efficient, and changing to handicap bathrooms is definitely a very positive addition as
well. Whether an undesirable change in the neighborhood character or nearby properties. It
will actually be an improvement with the new fagade and the painting and more landscaping.
It will be a positive change. Whether the request is substantial. Obviously, with the size of the
Page 1 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Continued Resolution
ZBA Meeting Date: Wed., July 22, 2009
Area Variance No. 38-2009
lot, it's a nonconforming structure, and it's very substantial, but it's absolutely, it really is not
important because the restaurant is there and the changes and the additions are going to be
helpful for the restaurant. Whether the request will have adverse physical or environmental
effects with replacing the sewage system with holding tanks. That is another positive, and it will
probably help. Whether the alleged difficulty is self-created, in order to improve the restaurant,
these improvements and the construction is absolutely necessary. So I move to approve Area
Variance No. 38-2009.
Duly adopted this 22nd day of July, 2009, by the following vote:
AYES: Mrs. Hunt, Mr. Garrand, Mr. Urrico, Mrs. Jenkin, Mr. Underwood
NOES: NONE
ABSENT: Mr. Clements, Mr. Drellos
Sincerely,
James Underwood, Chairman
Queensbury Zoning Board of Appeals
JU/sh
cc: Jonathan C. Lapper, Esq.
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
Final, approved plans in compliance with this variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building &
Codes personnel. Subsequent issuance of further permits, including building permits are
dependent on receipt.
Page 2 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)