Loading...
Minutes 8.25.21(Queensbury ZBA Meeting 08/25/2021) 1 NEW BUSINESS: AREA VARIANCE NO. 51-2021 SEQRA TYPE TYPE II VALENTIN KRICK AGENT(S) ROBERT L. FLANSBURG, P.E. OWNER(S) VALENTIN KRICK ZONING RR -3A LOCATION 1747 RIDGE RD. APPLICANT PROPOSES A 166 SQ. FT. SINGLE STORY ADDITION (A FRONT ENTRY AND A SMALL BREAKFAST AREA) TO EXISTING HOME. THE EXISTING HOME IS 1,874 SQ. FT. (FOOTPRINT), AND 2-STORY ON SOME SECTIONS. RELIEF REQUESTED FOR SETBACKS. CROSS REF RC 348-2021 WARREN COUNTY PLANNING AUGUST 2021 ADIRONDACK PARK AGENCY ALD LOT SIZE 2.31 ACRES TAX MAP NO. 266.1-1-13 SECTION 179-3-040 VALENTIN & ANNA KRICK, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 51 -2021, Valentin Krick, Meeting Date: August 25, 2021 “Project Location: 1747 Ridge Rd. Description of Proposed Project: Applicant proposes a 166 sq. ft. single story addition (a front entry and a small breakfast area) to existing home. The existing home is 1,874 sq. ft. (footprint), and 2-story on some sections. Relief requested for setbacks. Relief Required: The applicant requests relief for a 166 sq. ft. single story addition for setback in the Rural Residential zone RR3A. Section 179-3-040 dimensional The proposed addition will be located 60 ft. 8 inches from the side setback where a 75 ft. setback is required. The parcel is 2.31 acres. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The project may be considered to have little to no impact on the neighboring properties as the addition is located as infill section of the home. 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. The feasible alternatives may be limited due to the location of the existing home and the parcel size of 2.31 ac in a 3 acre zone. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief for the addition setback is 14 feet 4 inches. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self- created. Staff comments: The applicant proposes to construct an addition to the existing home. The project site has a previous survey with no field measurements to the existing home. A survey waiver was granted with the condition an as built survey be provided when the addition is completed. The plans were prepared by an engineer showing the location of the existing home and the location of the addition. The addition is to be a fron t entry and small breakfast area. The applicant has provided floor plans and elevations for the addition to the home.” MR. MC CABE-State your name for the record. MR. KRICK-My name is Valentin Krick. This is my wife, Anna. MR. MC CABE-So are both of you going to speak or one? I mean it’s pretty straightforward. Is there anything to add that we should know about? (Queensbury ZBA Meeting 08/25/2021) 2 MRS. KRICK-No, not really. The nearest neighbor is just to the south of the building and it’s not going to be really visible to them because there’s no direct line of sight for them, and I think it’s very proportional to the size of the building, the existing building. So it’s not going to be an eyesore. That’s all. MR. MC CABE-Okay. So do we have any questions of the applicant? Seeing none, a public hearing has been advertised and so at this particular time I’ll open the public hearing and I’ll see if there’s anybody in the audience who would like to provide input on this particular project. Do we have anything written, Roy? PUBLIC HEARING OPENED MR. URRICO-There’s nothing written. MR. MC CABE-So at this particular time I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I’m going to poll the Board, and I’m going to start with Cathy. MRS. HAMLIN-It’s minimal, and as they say, you have to look through the trees to see where the other house is located sufficiently away. It’s actually less. So I would be in favor. MR. MC CABE-Brent? MR. MC DEVITT-Thank you, Mr., Chairman. It is minimal. As Cathy indicates, I’m in favor of the project. MR. MC CABE-Jim? MR. UNDERWOOD-It’s a 2.31 acre lot in three acre zoning. So it’s minor relief. I’d be in favor. MR. MC CABE-John? MR. HENKEL-All those lots are quite large and it’s definitely minimal relief. They’re only looking at relief of 14 feet 4 inches and it really can’t be seen from the road. It’s very minimal. So I’d be on board with it. MR. MC CABE-Ron? MR. KUHL-I agree with the other Board members for the lot size. You’r e in a three acre zone. I have no problem with it. MR. MC CABE-Roy? MR. URRICO-I think it satisfies the test. I’d be in favor of it. MR. MC CABE-And I, too, support the project. It’s a minimal request. So at this particular time I’m going to ask Cathy if she’d make a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Valentin Krick. Applicant proposes a 166 sq. ft. single story addition (a front entry and a small breakfast area) to existing home. The existing home is 1,874 sq. ft. (footprint), and 2-story on some sections. Relief requested for setbacks. Relief Required: The applicant requests relief for a 166 sq. ft. single story addition for setback in the Rural Residential zone RR3A. Section 179-3-040 dimensional The proposed addition will be located 60 ft. 8 inches from the side setback where a 75 ft. setback is required. The parcel is 2.31 acres. SEQR Type II – no further review required; A public hearing was advertised and held on Wednesday, August 25, 2021. 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: (Queensbury ZBA Meeting 08/25/2021) 3 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. The property is far back from the road and very buffered and therefore shouldn’t have any effect. 2. Feasible alternatives were not considered. The Board thought it was reasonable as is. 3. The requested variance is not substantial. The entire setback is only about 14 feet. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty would be considered 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 co nditions: a) The as built survey that will be submitted at the completion of the project will specify 60 feet 8 inches is the side setback. b) __________, c) 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. 51-2021 VALENTIN KRICK, Introduced by Catherine Hamlin, who moved for its adoption, seconded by Ronald Kuhl: Duly adopted this 25th Day of August 2021 by the following vote: MRS. MOORE-Prior to you calling the vote, I just want to confirm that you have the setback at 60 feet and 8 inches, and then in reference to a condition, are you going to, I would suggest maybe you condition it with the fact that the survey be completed when the addition is constructed. Does that make sense? MRS. HAMLIN-Okay. I’d like to amend my motion to add that the as built survey that will be submitted at the completion of the project will specify 60 feet 8 inches is the side setback. AYES: Mr. Urrico, Mr. Henkel, Mrs. Hamlin,. Mr. Kuhl, Mr. Underwood, Mr. McDevitt, Mr. McCabe NOES: NONE MR. MC CABE-Congratulations. You have a project. MRS. KRICK-Thank you.