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Meeting Minutes 10.20.21(Queensbury ZBA Meeting 10/20/2021) 1 NEW BUSINESS: AREA VARIANCE NO. 68-2021 SEQRA TYPE TYPE II BRIAN HOGAN OWNER(S) BRIAN HOGAN ZONING WR LOCATION 33 HOLLY LANE APPLICANT PROPOSES TO USE A 530 SQ. FT. PORTION OF EXISTING 1,440 SQ. FT. GARAGE FOR A DWELLING UNIT. THE PROJECT INCLUDES ONE BEDROOM BATHROOM, LIVING ROOM AREA, AND KITCHEN AREA. THE GARAGE PORTION OF THE BUILDING IS TO REMAIN. THE PROJECT INCLUDES DEMOLITION OF A 634 SQ. FT. EXISTING HOME. THERE ARE NO OTHER CHANGES TO THE SITE OR BUILDINGS. RELIEF REQUESTED FOR A DWELLING UNIT LESS THAN 800 SQ. FT. CROSS REF DEMO 669-2021 WARREN COUNTY PLANNING OCTOBER 2021 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.79 ACRES TAX MAP NO. 239.12-2- 37 SECTION 179-3-040; 179-5-090 BRIAN HOGAN, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 68-2021, Brian Hogan, Meeting Date: October 20, 2021 “Project Location: 33 Holly Lane Description of Proposed Project: Applicant proposes to use a 530 sq. ft. portion of existing 1,440 sq. ft. garage for a dwelling unit. The project includes one bedroom, bathroom, living room area, and kitchen area. The garage portion of the building is to remain. The project includes demolition of a 634 sq. ft. existing home. There are no other changes to the site or buildings. Relief requested for a dwelling unit less than 800 sq. ft. Relief Required: The applicant requests relief for a dwelling unit less than 800 sq. ft. The project is located in the Waterfront Residential zone- WR and the parcel is 0.76 acres. 179-5-090- Minimum Floor area for a dwelling unit The proposed dwelling unit is to be 530 sq. ft. where 800 ft. 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 as the project includes using a portion of an existing garage. 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 considered to increase the existing square footage of the unit to include some of the existing garage space. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief for unit size is 270 sq. ft. 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. (Queensbury ZBA Meeting 10/20/2021) 2 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self- created. Staff comments: The applicant proposes to utilize 530 sq. ft. of the existing 1,440 sq. ft. garage as a living unit. The plans show the floor plan with the living unit area with one bedroom, kitchen, living room area and bathroom; the remainder of the building is the existing garage.” MR. MC CABE-Identify yourself for the record. MR. HOGAN-My name is Brian Hogan. My wife and I live at 34 Holly Lane which is directly across from the property. 33 Holly Lane is our garage which we have owned for about 20 some years now. Th e main reason we’re asking to do this is because over the years the camp that we have has been severely underutilized. It’s used about two weeks a year, and both of our parents now are getting older and one of them’s in a walker. The existing camp as well as our main house which is on 34 Holly Lane has no downstairs bedrooms. So my wife and I retired a couple of years ago and what we want to do is to utilize that what was our office area or home office area and convert that into living space. In ord er for us to do that we would have to apply for one of two variances, once for having two houses on one piece of property or to remove one house and based on the disuse of the other camp and the fact that it’s becoming more to maintain over the years, we opted to go that route. MR. MC CABE-So do we have questions of the applicant? MRS. HAMLIN-Either the applicant or maybe Laura. So as far as you know, everything you’re building is compliant with the New York State Uniform Code, with the fire building code? MR. HOGAN-Absolutely. MRS. HAMLIN-Okay. MR. MC CABE-Other questions? So a public hearing has been advertised for this particular project. So at this particular time, I’m going to open the public hearing and see if there’s anybody in the audience that would like to comment on this particular project? Seeing nobody, Roy, do we have anything written? PUBLIC HEARING OPENED MR. URRICO-There’s no comment. MR. MC CABE-Okay. 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 Jim. MR. UNDERWOOD-I don’t really have any concerns at this time with the project. I think as far as it being undersized I think the applicant understands the fact that it’s going to be undersized. You probably could add on to the floor area if you wanted to in the future, or build another house on that site at some point and this garage would be subject to review at that point in the future. So I’d be in favor of the project as proposed. (Queensbury ZBA Meeting 10/20/2021) 3 MR. MC CABE-John? MR. HENKEL-There’s no doubt he’s eliminating 621 square feet and, yes, there’s nothing wrong with the project. I’m on board. No problem. MR. MC CABE-Ron? MR. KUHL-I have no issue with this. I mean the fact that this gentleman has to come because he’s building an undersized house isn’t very interesting, but what I will say is when that gentleman down at the end of the block wanted to cut through on Holly, everybody came toting forward here about how it was going to ruin the neighborhood or ruin the street or ruin Holly Lane, and what that gentleman has done at the end of Holly is commendable. Do you see that? I mean that’s a homerun. Really, and I mean you’re going to benefit because you’re not going to have a big turnaround. Of course they might push the snow there. It’s kind of a shame that Mr. Hogan had to come through this whole expense. So I would be in favor. MR. MC CABE-Roy? MR. URRICO-I’m in favor of the project as well. MR. MC CABE-Brady? MR. LA SARSO-I’m in favor. I think it’s a shame that he had to come here in the first place. I agree with my Board members. Yes, I’m in favor. MR. MC CABE-Cathy? MRS. HAMLIN-I’m in total agreement. He knows how I feel . I was up there today. I think it’s the cutest little thing, but the undersize is not a problem for me. MR. MC CABE-So, yes, I’ll approve the project. It’s not often that the applicant comes before us to build a smaller structure. So I guess I’m going to have to go with this. I’m good to ask Jim to make a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Brian Hogan. Applicant proposes to use a 530 sq. ft. portion of existing 1,440 sq. ft. garage for a dwelling unit. The project includes one bedroom, bathroom, living room area, and kitchen area. The garage portion of the building is to remain. The project includes demolition of a 634 sq. ft. existing home. There are no other changes to the site or buildings. Relief requested for a dwelling unit less than 800 sq. ft. Relief Required: The applicant requests relief for a dwelling unit less than 800 sq. ft. The project is located in the Waterfront Residential zone- WR and the parcel is 0.76 acres. Section 179-5-090- Minimum Floor area for a dwelling unit The proposed dwelling unit is to be 530 sq. ft. where 800 ft. is required. SEQR Type II – no further review required; A public hearing was advertised and held on Wednesday, October 20, 2021. (Queensbury ZBA Meeting 10/20/2021) 4 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. Even though it will be an undersized home, I think the applicant understands that it will be smaller in nature and he has a dedicated purpose for his request. 2. There don’t seem to be any feasible alternatives at this time. So we feel the request is reasonable, having reviewed it. 3. The requested variance is substantial because it’s undersized, but it ’s also going to be a seasonal use, maybe year round use. The applicant understands the fact that it will be smaller than normal. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty is self-created because of the size of the current building which will be changed over to have partial living, dwelling unit with the garage that currently exists. 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; it’s less than normal, but we find it to be a reasonable request. 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. 68-2021 BRIAN HOGAN, Introduced by James Underwood, who moved for its adoption, seconded by John Henkel: Duly adopted this 20th Day of October 2021 by the following vote: AYES: Mr. Kuhl, Mr. Urrico, Mrs. Hamlin, Mr. LaSarso, Mr. Underwood, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. McDevitt MR. MC CABE-Congratulations, you have a project. MR. HOGAN-Thank you.