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Staff Notes Staff Notes ZBA October 27 , 2021 Old Business : AV 57-2021 Brett & Pamela West AV 58-2021 Brett & Pamela West New Business : AV 71-2021 Jesse Hayes AV 72-2021 Brett Streeter Queensbury Zoning Board of Appeals Agenda Meeting: October 27, 2021 Time: 7:00- 11:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net OLD BUSINESS: Applicant(s) Brett&Pamela West Main House Area Variance No AV 57-2021 Owner(s) Brett&Pamela West SEQRA Type Type II Age t s Environmental Design Partner Lot Size 0.91 acres Location 106 Bay Parkway Zoning WR Ward No. Ward 1 Tax Id No 226.15-1-17 Section 179-3-040 Cross Ref SP 51-2021;SEP 342-2021;PZ 210-2016;PZ 95- Warren County Planning August 2021 2016;PZ 89-2016;SP 37-2009;AV 47-2007;SP 39-2007 Public Hearing I September 29, 2021;October 27,2021 1 Adirondack Park Agency ALD Proiect Description: (Revised 10/4/2021)Applicant proposes to demo existing home and construct a new home with a 5,004 sq.ft. footprint(building footprint of 4,628 sq.ft.and porte-cochere of 376 sq.ft.)and a patio area of 825 sq.ft.(1,649 sq.ft.x 50%for permeable paving). The new floor area will be 8,764 sq.ft. including a detached 500 sq.ft.barn,the porte-cochere,and a covered walkway. The project includes site work for new landscaping shoreline and residential house,septic,stormwater management, driveway area,a covered walkway between the main home and a proposed home on the adjoining parcel. Site plan for new floor area in a CEA and hard surfacing within 50 ft.of the shoreline. Relief requested for setbacks,additional garage,size of accessory structure total,and floor area. Applicant(s) Brett&Pamela West Guest House Area Variance No AV 58-2021 Owner(s) Brett&Pamela West SEQRA Type Type II Agent(s) Environmental Design Partner Lot Size 0.34 acres Location 108 Bay Parkway Zoning WR Ward No. Ward 1 Tax Id No 226.15-1-16 Section 179-3-040; 179-6-065; 179- 4-050 Cross Ref SP 52-2021;SEP 343-2021;AST 433-2020; Warren County Planning August 2021 DEMO 803-2019;PT 802-2019;AV 52-2009;SP 54-2009 Public Hearing September 29, 2021;October 27,2021 1 Adirondack Park Agency ALD Project Description: (Revised 10/4/2021)Applicant proposes construction of a new home with 3,437 sq.ft.floor area and 2,250 sq. ft.footprint.The home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home. Site work includes stormwater management with a rain garden,new site plantings,new septic,and new line for drinking water. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, floor area,and access from adjoining lot. NEW BUSINESS: Applicant(s) Jesse Hayes Area Variance No AV 71-2021 Owner(s) Jesse Hayes SEQRA Type Type II Age t s Ethan Hall Lot Size 0.44 acres Location 22 Sherwood Drive Zoning MDR Ward No. Ward 3 Tax Id No 295.15-1-10 Section 179-5-020 Cross Ref RC 682-2021 Warren County Planning n/a Public Hearing October 27,2021 Adirondack Park Agency n/a Project Description: Applicant proposes to construct a 988 sq.ft.attached garage to the existing 2,100 sq.ft.home. The garage addition will have storage above. The project includes adjusting the driveway and removal of basketball court. The project includes a rear addition that does not require a variance. Relief requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: October 27, 2021 Time: 7:00- 11:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Brett Streeter Area Variance No. AV 72-2021 Owners Brett Streeter SEQRA Type Type II Agent(s) n/a Lot Size 5 acres Location 33 Tuthill Rd. Zoning RR-5A Ward No. Ward 4 Tax Id No 307.-1-9 Section 179-9-040 Cross Ref AST 783-2020 Warren County Planning October 2021 Public Hearing October 27,2021 Adirondack Park Agency ALD Proiect Description: Applicant proposes to complete replacement of a 520 sq.ft.deck and to construct a 104 sq.ft.deck addition. The open deck is used as the front entry area to the home.There are no changes to the site or existing home. Relief requested for setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre-Zoning Office\ZBA Monthly 2021\October 27,2021\ZBA Final Agenda October 27,2021.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: AV 57-2021 Project Applicant: BRETT &PAMELA WEST (MAIN HOUSE) Project Location: 106 Bay Parkway Parcel History: SP 51-2021; SEP 342-2021; PZ 210-2016; PZ 95-2016; PZ 89-2016; SP 37-2009; AV 47-2007; SP 39-2007 SEAR Type: Type II Meeting Date: October 27,2021 Description of Proposed Project: (Revised 10/4/2021)Applicant proposes to demo existing home and construct a new home with a 5,004 sq. ft. footprint(building footprint of 4,628 sq. ft. and porte-cochere of 376 sq. ft.) and a patio area of 825 sq. ft. (1,649 sq. ft. x 50% for permeable paving). The new floor area will be 8,764 sq. ft. including a detached 500 sq. ft. barn,the porte-cochere, and a covered walkway. The project includes site work for new landscaping shoreline and residential house, septic, stormwater management, driveway area, a covered walkway between the main home and a proposed home on the adjoining parcel. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, additional garage, size of accessory structure total, and floor area. Relief Required: The applicant requests relief for construction of a new home, barn and associated site work needing relief for setbacks,permeability, height, second garage, sheds size total square footage and floor area for a new home and associated accessory buildings. Project is in the Waterfront Residential zone—WR. Parcel is 0.91 acres. Section 179-3-040 dimensional, 179-5-020 sheds, garages The new home is to be located 35.5 ft. to the east shoreline, 31 ft. to the west shoreline where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is required. The project proposes two garages where only one is allowed—the porte-cochere is considered a garage due to width of open sides allowing vehicles. The project proposes two accessory buildings one is an existing 75 sq. ft.pump storage shed and the other is a new 500 sq. ft. barn, where relief is for exceeding 500 sq. ft. maximum size for sheds. Relief is also requested for floor area where 8764 sq. ft. 22.2%is proposed and 8,687 sq. ft. 22%is allowed. Permeability 77.9% is proposed where 75% is required- noting no permeability relief is requested. 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. Minor impacts to the neighborhood may be anticipated. 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 possible to reduce the overall size of the home and shed. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief requested to east shoreline 14.5 ft, west shoreline 19 ft. The covered walkway 20 ft. Relief for an additional garage. Relief for accessory buildings 75 sq ft in excess. Relief for floor area is 0.2 % in excess. No permeability relief is requested. 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 impact on the environmental conditions of the site or area. The applicant has included new stormwater measures that did not exist prior and proposes a new septic system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to demolish an existing building to construct a new home. The first floor plan shows living room area, kitchen, dining room, the porte-cochere,media room, small office, game room, and a two car garage. Note the area labeled wet bar will have no kitchen elements. The second floor plan shows bathrooms, closets, bedrooms, and a loft area above the garage. The covered walkway extends to the adjoining property also owned by the applicant. The plans show the location of the new home, driveway area, shed location, plantings,patio areas and holding tanks. The plans also include elevations and floor plans. The plans also show a lot line adjustment with the adjoining parcel where no changes to lot size occur for either parcel. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Queensbuty Area Variance Resolution To: Approve/Disapprove Applicant Name: Brett&Pamela West File Number: AV 57-2021 Location: 106 Bay Parkway Tax Map Number: 226.15-1-17 ZBA Meeting Date: September 29, 2021; October 27, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett& Pamela West. (Revised 10/4/2021)Applicant proposes to demo existing home and construct a new home with a 5,004 sq. ft. footprint(building footprint of 4,628 sq. ft. and porte-cochere of 376 sq. ft.) and a patio area of 825 sq. ft. (1,649 sq. ft. x 50%for permeable paving). The new floor area will be 8,764 sq. ft. including a detached 500 sq. ft. barn,the porte-cochere, and a covered walkway. The project includes site work for new landscaping shoreline and residential house, septic, stormwater management, driveway area, a covered walkway between the main home and a proposed home on the adjoining parcel. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, additional garage, size of accessory structure total, and floor area. Relief Required: The applicant requests relief for construction of a new home, barn and associated site work needing relief for setbacks,permeability, height, second garage, sheds size total square footage and floor area for a new home and associated accessory buildings. Project is in the Waterfront Residential zone—WR. Parcel is 0.91 acres. Section 179-3-040 dimensional, 179-5-020 sheds, garages The new home is to be located 35.5 ft.to the east shoreline, 31 ft. to the west shoreline where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is required. The project proposes two garages where only one is allowed—the porte-cochere is considered a garage due to width of open sides allowing vehicles. The project proposes two accessory buildings one is an existing 75 sq. ft.pump storage shed and the other is a new 500 sq. ft. barn,where relief is for exceeding 500 sq. ft. maximum size for sheds. Relief is also requested for floor area where 8764 sq. ft. 22.2% is proposed and 8,687 sq. ft. 22%is allowed. Permeability 77.9% is proposed where 75% is required- noting no permeability relief is requested. SEQR Type 11—no further review required; A public hearing was advertised and held on Wednesday, September 29, 2021 & Wednesday, October 27, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) 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 / DENY AREA VARIANCE NO. 57-2021, Introduced by ,who moved for its adoption, seconded by Duly adopted this 27th Day of October 2021 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: AV 58-2021 Project Applicant: BRETT &PAMELA WEST (GUEST HOUSE) Project Location: 108 Bay Parkway Parcel History: SP 52-2021; SEP 343-2021; AST 433-2020; DEMO 803-2019; PT 802-2019; AV 52- 2009; SP 54-2009 SEQR Type: Type II Meeting Date: October 27, 2021 Description of Proposed Project: (Revised 10/4/2021)Applicant proposes construction of a new home with 3,437 sq. ft. floor area and 2,250 sq. ft. footprint. The home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home. Site work includes stormwater management with a rain garden,new site plantings,new septic, and new line for drinking water. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, floor area, and access from adjoining lot. Relief Required: The applicant requests relief for construction of a new home and associated site work needing relief for setbacks,permeability, floor area, and access from adjoining lot for the construction of a new single-family home in the Waterfront Residential Zone—WR. The parcel is 0.34 acres. Section 179-3-040 dimensional The covered walkway is to be 0 ft. from the east side setback where a 20 ft. setback is required. The home is to be 10 ft. from the east property line where a 20 ft. setback is required. Note—the East property line has been adjusted to accommodate a setback with no changes to the lot size. Relief is also requested for floor area where 3,437 sq. ft. 23.5% is proposed and 3,212 sq. ft. 22% is allowed. Relief is also requested to access the parcel from the adjoining lot and not the lot the project is on.Permeability is proposed at 78.5%and 75% is required —noting no permeability relief is requested. 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. Minor impacts to the neighborhood may be anticipated. 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 possible to reduce the overall size of the home, increase permeability. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief requested covered walkway 20 ft. The east property line relief is 10 ft. Relief for floor area is 1.5% in excess. Relief for access. 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 impact on the environmental conditions of the site or area. The applicant has included new stormwater measures that did not exist prior and proposes a new septic system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes the new home to be constructed is 2,250 sq ft, footprint home with an attached garage. The project includes patio areas, and a covered walkway section to connect to the adjoining property owners proposed home the same individuals own the properties. The new home is to be 3,437 sq ft floor area. The first floor plan shows dining room area, living room area, kitchen, garage, a bedroom, a small office area. The second floor shows two bedrooms, bathrooms, exercise area, and office area. The plans show the location of the proposed home on the site with associated driveway area,patios, holding tanks, plantings. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of 0yeensbUD, Area Variance Resolution To: Approve/Disapprove Applicant Name: Brett&Pamela West File Number: AV 58-2021 Location: 108 Bay Parkway Tax Map Number: 226.15-1-16 ZBA Meeting Date: September 29, 2021; October 27, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett& Pamela West. (Revised 10/4/2021) Applicant proposes construction of a new home with 3,437 sq. ft. floor area and 2,250 sq. ft. footprint. The home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home. Site work includes stormwater management with a rain garden, new site plantings, new septic, and new line for drinking water. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, floor area, and access from adjoining lot. Relief Required: The applicant requests relief for construction of a new home and associated site work needing relief for setbacks, permeability, floor area, and access from adjoining lot for the construction of a new single-family home in the Waterfront Residential Zone—WR. The parcel is 0.34 acres. Section 179-3-040 dimensional The covered walkway is to be 0 ft. from the east side setback where a 20 ft. setback is required. The home is to be 10 ft. from the east property line where a 20 ft. setback is required. Note—the East property line has been adjusted to accommodate a setback with no changes to the lot size. Relief is also requested for floor area where 3,437 sq. ft. 23.5% is proposed and 3,212 sq. ft. 22% is allowed. Relief is also requested to access the parcel from the adjoining lot and not the lot the project is on.Permeability is proposed at 78.5%and 75% is required —noting no permeability relief is requested. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, September 29, 2021 & Wednesday, October 27, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) 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 / DENY AREA VARIANCE NO. 58-2021, Introduced by ,who moved for its adoption, seconded by Duly adopted this 27th Day of October 2021 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: AV 71-2021 Project Applicant: JESSE HAYES Project Location: 22 Sherwood Drive Parcel History: RC 682-2021 SEQR Type: Type II Meeting Date: October 27, 2021 Description of Proposed Project: Applicant proposes to construct a 988 sq. ft. attached garage to the existing 2,100 sq. ft. home. The garage addition will have storage above. The project includes adjusting the driveway and removal of basketball court. The project includes a rear addition that does not require a variance. Relief requested for setbacks. Relief Required: The applicant requests relief for construction of a garage addition needing relief for setbacks. Section 179-3-040 dimensional The addition is to be,10 ft. 3 inches to the north side setback where a 25 ft. setback is required. The addition is to be 13 ft. 9 inches where a 30 ft. setback is required. 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. 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 lot size. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. The side setback relief is 14 ft. 9 inches and the front setback relief is 16 ft. 3 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 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 add 988 sq. ft. addition to the existing 1200 sq. ft. (footprint)home. The addition is for a garage with storage above. The applicant has an existing project that is under review for residential addition to the back of the home—does not require a variance only the garage addition requires a variance. The plans show the elevation views and floor plans for the home. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Dim of CLcensbur7, Area Variance Resolution To: Approve/Disapprove Applicant Name: Jesse Hayes File Number: AV 71-2021 Location: 22 Sherwood Drive Tax Map Number: 295.15-1-10 ZBA Meeting Date: October 27, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Jesse Hayes. Applicant proposes to construct a 988 sq. ft. attached garage to the existing 2,100 sq. ft. home. The garage addition will have storage above. The project includes adjusting the driveway and removal of basketball court. The project includes a rear addition that does not require a variance. Relief requested for setbacks. Relief Required: The applicant requests relief for construction of a garage addition needing relief for setbacks. Section 179-3-040 dimensional The addition is to be 10 ft. 3 inches to the north side setback where a 25 ft. setback is required. The addition is to be 13 ft. 9 inches where a 30 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, October 27, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (ap rp oval) / would be outweighed b denial 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) 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 / DENY AREA VARIANCE NO. 71-2021,Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of October 2021 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: AV 72-2021 Project Applicant: BRETT STREETER Project Location: 33 Tuthill Road Parcel History: AST 783-2020 SEQR Type: Type II Meeting Date: October 27, 2021 Description of Proposed Project: Applicant proposes to complete replacement of a 520 sq. ft. deck and to construct a 104 sq. ft. deck addition. The open deck is used as the front entry area to the home. There are no changes to the site or existing home. Relief requested for setbacks. Relief Required: The applicant requests relief for reconstruction of deck replacement needing relief for setbacks. Section 179-3-040 dimensional The applicant has replaced an existing 520 sq. ft. deck and a 104 sq. ft. deck addition for a total deck of 624 sq. ft. The deck is to be located 67 ft. from the property line where a 75 ft. setback is required. 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. Minor to no impacts to the neighborhood may be anticipated. 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. Feasible alternatives may be considered to remove the new portion of the deck. The existing home and deck was constructed in 2002 when the setbacks for the zone where Front 50 ft Rear and Sides 30 ft setbacks. The setbacks for RR was changed in 2009. 3. Whether the requested area variance is substantial. The request for relief may be considered minimal relevant to the code. The relief requested is 8 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant requests to maintain a rebuilt deck of 520 sq. ft. and the deck expansion of 104 sq.ft. The project was identified by the Building Department requiring a building permit, it was then determined the project would require relief. The applicant wasn't aware of the requirements when the project started. The applicant has indicated the deck was in need of replacement. Zoning Board of Appeals—Record of Resolution (0-m1wi , Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of 0yeensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Brett Streeter File Number: AV 72-2021 Location: 33 Tuthill Rd. Tax Map Number: 307.4-9 ZBA Meeting Date: October 27, 2021 The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett Streeter. Applicant proposes to complete replacement of a 520 sq. ft. deck and to construct a 104 sq. ft. deck addition. The open deck is used as the front entry area to the home. There are no changes to the site or existing home. Relief requested for setbacks. Relief Required: The applicant requests relief for reconstruction of deck replacement needing relief for setbacks. Section 179-3-040 dimensional The applicant has replaced an existing 520 sq. ft. deck and a 104 sq. ft. deck addition for a total deck of 624 sq. ft. The deck is to be located 67 ft. from the property line where a 75 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, October 27, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) 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 / DENY AREA VARIANCE NO. 72-2021, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of October 2021 by the following vote: AYES: NOES: