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Town Staff Notes FILE COPY TOWN OF QUEENSBURY PLANNING OFFICE "NOTE TO FILE" Application Number: Site Plan No. 24-93 Applicant' s Name : David & Suzanne Barnes Meeting Date: June 22, 1993 Project Description: The applicant is proposing to construct a 1 , 320 square foot addition to an existing auto repair facility . The addition will be used as a spray booth. The use is a preexisting nonconforming use and received a variance to allow for the expansion. Project Analysis : The project was compared to the following standards found in Section 179-38 E. of the Zoning Code : 1 . The location, arrangement, size, design and general site compatibility of buildings, lighting and signs; The addition should be compatible with existing structure . However, the site is in need of improvement. Landscaping should be provided around the perimeter, the damaged vehicles should be stored in a screened area as should the scrap metal . 2 . The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls; The addition will not impact traffic flow. 3 . The location, arrangement, appearance and sufficiency of off-street parking and loading; The addition will impact vehicle parking. 4 . The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience; The addition will not impact pedestrian access . 5 . The adequacy of stormwater drainage facilities; The applicant needs to indicate the drainage and stormwater management system. 6 . The adequacy of water supply and sewage disposal facilities; The addition should not impact the water supply and sewage disposal system. 7 . The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening constituting a visual and/or noise buffer between the applicant ' s and adjoining lands, including the maximum retention of existing vegetation and maintenance including replacement of dead plants; Landscaping should be planted around the perimeter. 8 . The adequacy of fire lanes and other emergency zones and the provision of fire hydrants; This is not an issue. 9. The adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion. This is not an issue . Recommendation: Providing improvements are made to the landscaping around the perimeter staff can recommend approval of this application. ZONING : r • • r OF RECORD OF r r TOWN OF QUEENSBURY 531 BAY ROAD QUEENSBURY, NEW YORK 12804 Theodore Turner, Chairman Joyce Eggleston, Secretary R.D. #5, Box 409, 139 Meadowbrook Road R.D: #4, Box 601 Queensbury, New York 12804 Queensbury, New York 12804 TO: David and Suzanne Barnes PROJECT FOR: North Church Lane Queensbury, NY 12804 David and Suzanne Barnes 7-IIE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING v O W D FOLLOWING: TAT THE ��MEETING AND HAS RESOLVED THE Z 0O FOLLOWING: June 16th, 1993 Z -1 O O VARIANCE FILE NUMBER: 38-1993 O 7( 0r- OTHER '-----------'------ ®USE 0 AREA 0 SIGN p D p -------------------------------------- y° V M -n -i 0 APPROVED = DENIED Q TABLED 0 WITHDRAWN 0 SEQRA REVIEW o D C N D M r '.o m NOTION TO APPROVE USE VARIANCE NO. 38-1993 DAVID & SUZANNE BARNES. m n Introduced by Fred Carvin who moved for its adoption, seconded by Z < Joyce Eggleston, C O Grant relief from Section 179-18D, m 9 Z zone, where the applicant is Permitted uses in the !IR-SA cc Proposing to expand a Preexisting D Z m nonconforming structure, with a 1320 square foot addition to the west side of his existing structure. It is felt that because of 2 0 Z impending legislation regarding to to 9 g paint booths, that a reasonable N D X return on the land is not possible as zoned, causing a possible C 2 2 financial hardship. This lot has been a commercial and residential Cf m D site since 1975, and it does not appear that by granting this 2 > i variance, that it would have an adverse effect on the neighborhood D 2 character or public services, y F m � ZD Duly adopted this 16th day of June, 1993, by the following vote, < O '-0D AYES: firs. Eggleston, Hiss fiauser, Hr. Thomas, fir. Rarpeles, in- D n � A Mr. Carvin, fir. Turner D NOES: NONE 'G D -1 2i a= X ABSENT: fir. Philo m C. Z 0CZ c _ O M CD z ° D SINCERELY, m -q r'- / / { Z O D " to GS i.C/z�c�c 0 THEODORE TURNER, CHAIRMAN D QUEENSBURY ZONING BOARD OF APPEALS PLEASE READ THE BACK OFTHIS FORM - Thank You § 179-92. Expiration of variance. Unless otherwise specked or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permit to construct any proposed new building(s) or change any existing building(s) or to comply with the conditions of said authorization within one(1)year from the filing date of such decision thereof. § 179-91. Hearing; decision; APA review. A. Within thirty-one (31) days of receipt by the Zoning Board of Appeals of a completed application for a variance, the Zoning Board of Appeals shall give notice by public ad in official newspaper of a public hearing to be held on the application not less than five(5)days nor more than thirty-one(31)days after the notice. The Adirondack Park Agency shall be a full party in interest for all variance applications within the Adirondack Park, with standing to participate in any and all proceedings under this Article for which the Agency was required to be sent notice under § 179-89B of this Article. B. Within thirty (30) days of the final adjournment of a public hearing called and held under Subsection A of this section,the Zoning Board of Appeals shall grant, grant with conditions or deny the variance applied for. The division of the Board shall be in writing and shall contain each of the findings specified in § 179-88 of this Article and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board. C. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail, of such decision. Any variance granted or granted with conditions shall not be effective until thirty (30) days after such notice to the Agency. If, within such thirty-day period, the Agency determines that such variance involves the provisions of the land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance. ZONING BOARD OF APPEALI� - RECORD OF RESOLUTION TOWN OF QUEENSBURY 531 BAY ROAD QUEENSBURY, NEW YORK 12804 Theodore Turner, Chairman Joyce Eggleston, Secretary R.D. #5, Box 409, 139 Meadowbrook Road R.D. #4, Box 601 Queensbury, New York 12804 Queensbury, New York 12804 TO: David and Suzanne Barnes North Church Lane P.O. Box 2328 PROJECT FOR: Queensbury, NY 12804 David and Suzanne Barnes ']'HE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING 'fl O W D REQUEST AT THE MEETING AND HAS RESOLVED THE r M c v FOLLOWING: Ju�16tb �1993 Z q O p VARIANCE FILE NUMBER: 47- 1993 O 70 O OTHER -----'----------'---- USE ® AREA SIGN W D 'a O -------------------------------------- D D n © APPROVED = DENIED = TABLED Q WITHDRAWN OSEQRA REVIEW < 4 w c n cc � � MOTION TO APPROVE AREA VARIANCE NO. 47-1993 DAVID AND SUZANNE D N r' BARNES, Introduced by Fred Garvin who moved for its adoption, M in seconded by Theodore Turner, n mc0 That we grant relief from Section 179-18C, which requires - 30 M Z Percent permeability in the 1:R-5A zone. The applicant'is seeking M ?�a three Percent relief from this section. The practical difficulty Cis D m is that over the years the applicant's business has expanded. Z impacting the Permeable surface. This is the minimum relief being { y Z requested, and by granting of this variance, there would not a rn to be any effect on PPear Public facilities or services, and at some C M 2 Point in the future, the applicant has indicated that an existing M D single family dwelling will be demolished, and at that point, he 2 D „�,I will be in excess of the required 30 percent. D 2 _ coMM Duly adopted this 16th day of June, 1993, by the following vote: M O D Z AYES: Fir. Aarpeles, fir. Carvin, firs. Eggleston, Hiss Hauser, < D 'V Ilr. Thomas, fir. Turner 0 NOES: NONE W 'p Z Gn -i ABSENT: Fir. Philo 2 X D mL. Z O C Z C _ M U7 Z ° n SINCERELY, m r az � ono M THEODORE TURNER, CHAIRMAN D QUEENSBURY ZONING BOARD OF APPEALS PLEASE READ THE BACK OFTHIS FORM - Thenk You § 179-92. Expiration of variance. Unless otherwise specified or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permit to construct any proposed new building(s) or change any existing building(s) or to comply with the conditions of said authorization within one(1)year from the filing date of such decision thereof. § 179-91. Hearing decision; APA review. A. Within thirty-one (31) days of receipt by the Zoning Board of Appeals of a completed application for a variance, the Zoning Board of Appeals shall give notice by public ad in official newspaper of a public hearing to be held on the application not less than five(5)days nor more than thirty-one(31)days after the notice. The Adirondack Park Agency shall be a full party in interest for all variance applications within the Adirondack Park, with standing to participate in any and all proceedings under this Article for which the Agency was required to be sent notice under § 179.89B of this Article. B. Within thirty (30) days of the final adjournment of a public hearing called and held under Subsection A of this section, the Zoning Board of Appeals shall grant, grant with conditions or deny the variance applied for. The division of the Board shall be in writing and shall contain each of the findings specified in § 179-88 of this Article and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board. C. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail, of such decision. Any variance granted or granted with conditions shall not be effective until thirty (30) days after such notice to the Agency. If, within such thirty-day period, the Agency determines that such variance involves the provisions of the Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance.