Application Area Variance [ZBAapproved.- November 15, 2019]
General Information
308 . 10-2-11
Tax Parcel ID Number:
MDR
Zoning District:
Detailed Description of Project [ 'include current & proposed use] :
We would like to build an in-law apartment in an existing space in our home that is currently a family room. This space is
approximately 624 square feet. The lot size of the property is 2.77 acres.
Location of Project: 527 Luzerne Road., Queensbury, NY
Applicant Name: jJoel & Stephanie Smith Mailing Address 527 Luzeme Road
Home Phone 518-708-9910 City, State, Zip Queensbury, NY 12804
Work Phone 518-761 -8224 Cell Phone 518-708-5129
E-Mail : j oel. 3 61 ghotmail. com FAX No.
Agent' s Name : Mailing Address
Home Phone City, State, Lip
Work Phone Cell Phone
E-mail FAX No.
i Owner' s Name Joel & Stephanie Smith Mailing Address . 527 Luzeme Road
Home Phone 518 -708-9910 City, State, Zip Queensbury, NY 12804
Work Phone 518 -761 -8224 Cell Phone 518-708-5129
E-mail oel.361@hotma*ll .com FAX No.
Pale 1
Area Variance [ZBA approved: November 15, 20191
Site Development Data
Area Type Existing sq. ft. Proposed Total sq. ft.
Addition s . ft.
A. Building footprint 1796 (house) 1796
B . Detached Garage 625 (garage) 1205
580 (barn)
C . Accessory Structure(s) 120 (shed) 120
D. Paved, gravel or other hard surfaced area 5140 5140
E . Porches / Decks 792 792
F . Other 2000 (pool) 2000 (pool)
G . Total Non-Permeable [Add A-F] 11053 11053
H . Parcel Area [43 , 560 sq. ft. / acre] 120661 .20 120661 .20
I . Percentage of Impernleable Area of Site [I=G/H] 9.2% 9 . 2%
Setback Requirements
Area Required Existing Proposed
Front Yard [ 1 ] 30 70+ 70+
Front Yard [2] N/A N/A N/A
Shoreline N/A N/A N/A
Side Yard [ 1 ] 2 5 (West) 43 48
Side Yard [2] 25 ( East) 170 170
Rear Yard [ 1 ] 30 200+ 200+
Rear Yard [2] N/A N/A N/A
Travel Corridor N/A N/A N/A
Height [maximum] 40
Permeability 50% 90 . 8% 90 . 8%
Number of parking spaces 2 5+ 5+
Page 2
Area Variance [ZBA approved: November 15, 2019]
Additional Project Information
1 . Will the proposal require a Septic Variance from the Town Board of Health? No
2 . If the parcel has previous approvals, fist application nutnber(s): Bldg 280-2010.- 199-2021
3 . Does this project reV
ire coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program .? — Yes / ` No
4. Estimated project duration.- Start Date: 06/2021 End Date : 06/2022
5 . Estimated total cost of project: 20,000
6. Total area of land disturbance for project: Approx. 100 sq ft.
Floor Area Ratio Worksheet
FLOOR AREA RATIO {FAR} -- The relationship of building size to lot size, derived by dividing the total building floor
area by the lot size in square feet, yielding a percentage .,
Zoning District Symbol Floor Area Ratio [FAR]
Waterfront Residential WR OU22
Coinmercial Moderate / Commercial CM / CI 0. 3
Intensive
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches , Building square footage does not include: Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty ( 120) square feed or less. Any additional sheds will be
included. (fee "FLOOR AREA RATIO' 9) ,,
B . Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
Parcel Area NIA sq. ft.
Existing Floor Area N/A sq. ft. [see above definition]
Proposed Additional Floor Area NIA sq, ft.
Proposed Total Floor Area NIA sq. ft.
Total Allowable Floor Area NIA (Area x ) [see above table]
Page 3
Area Variance [ZBA approved: November 15, 2019]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-3 -040
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
Lot size and unit size
[Check all that apply] I ' ! Setback El Buffer Zone Lot Width V. Other
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
I . Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby properly will be created by the granting of this area variance?
The proposed alterations will not negatively impact the neighborhood or nearby 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?
We would not be able to proceed with the proposed renovations without the area variance.
3 . Whether the requested area variance is substantial?
We do not believe the area varaince is substantial.
4. Whether the proposed variance will have an adverse effect or impact an the physical or environmental
conditions in the neighborhood or district?
The area varaince will have zero effect on the physicial and environmental conditions in the neighborhood.
5 . Whether the alleged difficulty was self-created?
The difficulty was not self-created. We did not anticipate this project when we purchased the home nine years ago .
Page 4
Area Variance, [ZBA approved: November 15, 2419]
Section 179 -14-030
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s) — a survey showing existing conditions, a proposed conditions map (sec page 00 for
specific criteria) and include any other attachments that address A - D as applicable to the proposed project.
A. General Shown on Sheet #
1 Title, Name, Address of applicant & person responsible for preparation of drawing See rend plan
2 Deed See Deed
; North arrow, Tax Map ID, dale prepared and scale [minimum: 1 inch = 40 feet ] See plot plan
4 Boundaries of the property plotted to scale, zoning boundary See plot plan
5 Princi al structures, accesso structures with exterior dimensions See rend plan
6 Site improvements Incl. outdoor storage areas, driveways, parking areas, etc. : existing & See repo plan
proposed
7 Setbacks for all structures and improvements : existing & proposed See reno plan
8 Elevations and floor plans of all proposed and affected structures See repo plan
B . Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details , construction details, flow rates, and number of See repo plan
bedrooms proposed
2 Water supply [i . e ,. well] & septic on adjoining Tots with separation distances to existing or Municipal
proposed on-site water supply and septic
3 Separation distances for -proposed sewage dispoSal system to well and water bodies N/A
4 Existing public or private water supply [well, lake, etc.] . Method of securing public or private N/A
water, location, design and construction of water supply including daily water usage
5 Percolation test locati on and results NIA
C . Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing & NIA
proposed
2 No . of existing parking spaces, number to be removed, number to maintain and type of surfacing N/A
material [e.g. , gravel, paved]
3 Provi@.
sion for pedestrian and handicap access and parking: existing & proposed N/A
4 Design details of ingress, egress, loading areas and cutting: existing & proposed N/A
5 Location and character of green areas [existing and proposed] , modification to green area, buffer NIA
zone to remain undisturbed
6 Lighting, location and desmn of all existing and proposed outdoor lighting _ NIA
D. Additional Site Development and Miscellaneous Shown on Sheet #
1 On-site & adjacent watercourses, streams, rivers, lake and wetlands NIA
2 Utility / energy distribution system [gas , electric, solar, telephone] : existing &_proposed N/A
3 Location, design and construction details of all existing and proposed site improvements N/A
including: drains, culverts, retaining wars, fences, fire & emergency zones and hydrants, etc.
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial NIA
activities: existing & proposed
5 Sigmage : Location, sire, type, desi and setback: exiting &. proposed NIA
dP
6 Waiver Request: provide letter with application requesting any waivers : please reference See attached letter
specific items
7 Commercial / Industrial Development requires submission of Landscaping, Stormwater NIA
Management, Grading & Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record NIA
of application for all necessaEy permits
Pale 5
Area. Variance [ZBA approved: November 15, 2019]
This page includes the 1 .) Authorization to Act as Agent Fon-n: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.)
Other Permit Responsibilities; 5.) Official Meeting Disclosure and b.) Agreement to provide documentation required.
OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant:
Owner.-
Designates . as Agent regarding the following:
Variance Site Plan Subdivision
For Tax Map No. : Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner:
Designates : as Agent regarding the following;
Variance Site Plan Subdivision
For Tax Map No. : Deed Reference .- Book Page Date
OWNER SIGNATURE ., DATE:
2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc . as determined by the Zoning or Planning Department. Fees for engineering review services will be
charged directly to the applicant. Fees for engineering review will not exceed S 1 ,004 without notification to the applicant .
3.) AUTHORIZATION FOR SITE VISITS : By signing this page and submitting the application materials attached herein, the
Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4.) OTHER PERMIT RESPONSIBILITIES : Other permits may be required for construction or alteration activity subsequent to
approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits.
S.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Depailment to have a
designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes
constitutes the official record of all proceedings.
6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED : I, the undersigned, have thoroughly read and understand
the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be
commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete
statement/description of the existing conditions and the work proposed, and that all work will be perfomied in accordance with the
approved plans and in conforniance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or
my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built
survey by a licensed land surveyor of all newly constricted facilities prior to issuance of a certificate of occupancy
I have read andr� agred t6' the above . 1
A.
t d.LA I (1 6)
Signature [Applicant] f Print Name [Applicant] Date signed
Signature [Agent] Print Name [Agent] Date signed
Page 7
WARREN COUNTY
PAMELA J . VOGEL
r COUNTY CLER K El 011 �� �:..� F1 E �;' �"
s
Lake George, NY118-46' UME
�� �l
39
60 2072 00002$84 Volm -4468 Pg-39
Instrument Number: 2012- 00002884
As
Recorded On : April 16, 2012 Deed
Parties : EQUITY TRUST CC - CV5Z NAN
To
SMITH JOEL Billable Pages : 2
Recorded By: STEWART TITLE Num Of Pages ; 3
Comment :
** Examined and Charged as Follows :
Deed 51 . 00 Cover Page 5 . 00 RP-5277 Resid/Agric 125,00
TP-584 5 . 00
Recording Charge : 186.00
Consideration
Amount Amount RS#/CS#
Transfer Tax 1 , 026. 00 256, 376. 00 TT 1623 Basic 0. 00
QUEENSBURY Local 0. 00 Special Additional 0.00
Additional 0. 00 Transfer 1 , 026.00
Tax Charge : 1 , 026. 00
RECORDFD
Countq Clerks Off i Ce
HPr 14UP201 .2: IOR59A
am Pw I (t J .- V09 e
Wappen CoUnLj4
C I er k-
THIS PAGE IS PART OF THE INSTRUMENT *�
1 hereby certify that the within and foregoing was recorded in the Clerk's Office For : WARREN COUNTY, NY
File Information : Record and Return To : �
Document Number: 2012- 00002884 JOEL & STEPHANIE SMITH
Receipt Number-, 252703 527 LUZERNE ROAD
Recorded Date/Time .- April 16 , 2012 10 : 59 -- 55A QUEENSBURY NY 12804
Book-Vol/Pg .- Bk-RP VI-4468 Pg-39
Cashier Station : L Burke Cash Station 1
cork,
�r Date of Deed : March 28 2012
Provertv ,
527 Road
Town of Queensburyg Warren County, NY
Tax Map No. 308 . 10.2- 11
grantor: Equity Trust Company, Custodian f/b/o/
� Richard Burk IRA
48 Church HiII Road, Bolton Landing, NY 12814
Grantees : Joel Smith and Stephanie Smith,
As Tenants by the Entirety
527 Luzeme Road, Queensbury,, NY 12804
ty 9
V
This 'Warranty Deed is made between Grantor and Grantees on the deed
date stated above.
4P
Witnesseth that grantor, in consideration of Two Hundred Fifty Six
Thousand Three Hun dred Seventy Six and 05/100 Dollars ($256, 3 76. OS) lawful.
money of the United States, and other good and valuable consideration paid by the
Grantees., does hereby grant and release unto Grandees and their assi gns forever
ALL THAT TRACT OR PARCEL OF LAND, si tuated in the Town of
Queensbury, County of Warren and State of New York, bounded and described as
follows ;
BEGINNING in the southerly side of Luzeime Road at an iron pin set in the
ground for a corner, which point is distant one thousand six hundred forty-two feet
-0
four inches ( 1642 ' 4") westerly from the Is
of the southerly side of
Luzeme Road and the westerly side of a cross road called the Van Dusen Roadlo
thence running southerly four hundred (400) feet to an iron pipe set in the ground
for a corner; thence running westerly three hundred (300) feet to an iron pipe at the
southeasterly corner of premises of one Stockman; thence running northerly along
said Stockman ' s easterly lz ne four hundred (400) feet to an iron pipe in the
southerly bounds of said Luzeme .Road; thence running easterly along the southerly
side of said Luzeme Road three hundred (300) feet to the place of beginning.
Being the same premises conveyed by Helen F. Knickerbocker to Equity
Trust Company, Custodian for Benefit of Richard Burk IRA by deed dated January
229 20 10 and recorded in the Warren County Clerk ' s office on January 26 , 2010 in
Liber 3953 of Deeds on page 163 .
This Grant is made
Together with the appurtenances and all the estate and sights of the
Grantor in and to said premises;
To have and to hold thepremises herein granted by this Warranty Deed
unto the Grantees and their assigns forever.
And the grantor covenants as follows :
First, That Grantees shall quietly enjoy said premises;
Second, That Grantor will forever Warrant the title to said premises;
4
Third-5 That this conveyance is made subject to the trust fund provisions of
Section 13 of the Lien Law.
In Witimess of this conveyance, Grantor has executed this Warranty Deed on
the deed dale stated above.
In Presence Of:
(LOS .)
VIB/
y Trust Company, Custodian
4 '1E rtletl
i and Burk, IRA
eue ry Ba
LTERNATE
State of Ohio } S S
County of tv\l } S S:
J
��� , 2012, before me, a Notary Public in and for the said State, personally appeared
� '�:w "4 �"� t.�'� �!4.T�P�' �i� �''���naIly known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the
individual or the person on behalf of which the individual c xecuted the instrument.
1I It ; - )CO
=� t�`•,.. . ... .�'�•; Not r Public
V� K
� i 'T'�YLa�i
� ,. � = ��v - ¢:x(y Public, state of
- �,''= l��y Comrnlssion Expiry:::
Jijne 30
v 12016
OF
; ,p
v e.
4 S �, �