Approval Resolution.AV28-2019
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: Eric Sage
File Number: AV 28-2019
Location: 140 Sunnyside North
Tax Map Number: 279.17-2-3
ZBA Meeting Date: Wednesday, June 26, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application for Eric Sage. Applicant
proposes to remove existing deteriorated 480 sq. ft. 2-car garage and construct a new 576 sq. ft. 2-car garage.
Relief requested from minimum setback and permeability requirements.
Relief Required:
The applicant requests relief from minimum setback and permeability requirements.
Section 179-3-040 Dimensional requirements-
The applicant proposes to construct a new garage to be located 4.2 ft from the side property line where a 20 ft
setback is required and 15.4 ft from the front property line where a 30 ft setback is required. Relief is also
requested for permeability where 74.2% is proposed and 75% is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on June 26, 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:
PER THE DRAFT PROVIDED BY STAFF
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because this particular project is going to improve the overall appearance of the property.
2. Feasible alternatives have been considered by the Board but are not deemed reasonable, mainly because of
the small size of the property and the slope it’s on.
3. The requested variance is minimal compared to what’s existing.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
In fact we think that the conditions will improve.
5. The alleged difficulty is, of course, self-created.
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 NO. 28-
2019, Eric Sage, Introduced by Michael McCabe, who moved for its adoption, seconded by Ronald Kuhl:
th
Duly adopted this 26 day of June 2019 by the following vote:
AYES: Mr. Henkel, Mr. Kuhl, Mr. McCabe, Mr. Underwood, Mrs. Hayward, Mr. Urrico, Mr. Freer
NOES: NONE
Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Compliance Letter
ATTENTION: Prior to commencing any site work
June 27, 2019
please read this letter.
TO: Applicant Name: Eric Sage
Please call this office with any questions.
Location: 140 Sunnyside North
Tax Map Number: 279.17-2-3
RE: File No. AV 28-2019
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