Approval Resolution.Egnaczyk.AV8-2019
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Ronald Egnaczyk
File Number: Z-AV-8-2019
Location: 114 Sunnyside North
Tax Map Number: 279.17-2-14
ZBA Meeting Date: Wednesday, March 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from Ronald Egnaczyk.
Applicant proposes construction of a 124 sq. ft. one-story residential addition to an existing 738 sq. ft. home.
The home has a floor area of 1,321 sq. ft. and proposes 1,445 sq. ft. Relief requested from minimum setback
requirements and Floor Area Ratio requirements for the WR zoning district.
Section 179-3-040 Establishment of Districts
The new construction of 124 sq. ft. addition is to be located 10 ft. 2.5 in from the side property line where a 12
ft. setback is required. The project also proposes a floor area of 27.9% where 22% is the maximum allowed,
existing is 25.5%
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, March 20, 2019;
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.
2. Feasible alternatives, given the size of the lots in that area, there are no reasonable feasible alternatives.
3. The requested variance is somewhat substantial but based upon the other criteria, measured against that,
that’s taken into account.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
In fact perhaps the upgrade of the addition to the existing will be an improvement to the environmental
conditions.
5. The alleged difficulty is self-created obviously.
Page 1 of 2
Continued Area Variance Approval Resolution:
Applicant Name: Ronald Egnaczyk
File Number: Z-AV-8-2019
Location: 114 Sunnyside North
Tax Map Number: 279.17-2-14
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) 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) 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 AREA VARIANCE
Z-AV-8-2019 Ronald Egnaczyk, Introduced by Catherine Hamlin, who moved for its adoption, seconded by
James Underwood:
th
Duly adopted this 20 day of March 2019 by the following vote:
AYES: Mrs. Hayward, Mr. Henkel, Mrs. Hamlin, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. Freer, Mr. Kuhl
Page 2 of 2
Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ATTENTION: PRIOR TO
Compliance Letter
March 21, 2019
COMMENCING ANY SITE WORK,
PLEASE READ AND UNDERSTAND
TO: Ronald Egnaczyk
THIS COMPLIANCE LETTER!
Location: 114 Sunnyside North
Tax Map Number: 279.17-2-14
RE: Z-AV-8-2019 Ronald Egnaczyk
Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) 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 project shall include:
1. Please submit four (4) copies of the ZBA approved plans to the Zoning Office for the Zoning Administrator’s approval - One
(1) copy will be returned to you in order to be posted on the project site.
2. Post Approval -Contact Bruce Frank –Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre-construction meeting before any work is started, and at any time during the site development should any constraints,
concerns or questions arise. Mr. Frank will monitor the site development throughout the project for compliance with your
approval; however, see item 3;
Contact Bruce Frank, Code Compliance Officer at 761-8226.
Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the
Adirondack Park Agency, Lake George Park Commission or other State agency or department.
3. As-built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final
sign-off from the Zoning Department and/or a Certificate of Occupancy –
If there are no modifications or changes from the approved plan provide a certification from the project designer.
If there are minor modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This may be, potentially, approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This will likely require re-approval by the Zoning Board.
Sincerely,
Craig Brown
Director of Planning & Zoning
Zoning Administrator
CB/sh