Town Staff Notes NOTE TO FILE
AND
ZONING BOARD OF APPEALS
USE El
AREA
David and Suzanne Barnes
APPLICANT:MEETING DATE: May 19, 1993 SIGNOTHER❑
FILE NUMBER: 38-1993
Q
SUMMARY OF PROJECT:
Applicant is proposing to expand a preexisting nonconforming
use structure (auto body repair shop) with a thirteen hundred and
twenty square foot addition to the west side of the existing
structure.
CONFORMANCE WITH USE/AREA REGULATIONS :
1 . Applicant is seeking relief from Section 179-18D, Permitted
Uses, in the MR-5A zone.
REVIEW CRITERIA:
1 . IS REASONABLE RETURN POSSIBLE IF THE LAND IS USED AS ZONED?
Applicant believes- that reasonable return of the land is not
possible as zoned as property has had a history of
nonconforming use and conformance with current permitted uses
would not be financially feasible.
2 . ARE THE CIRCUMSTANCES OF THIS LOT UNIQUE AND NOT DUE TO THE
UNREASONABLENESS OF THE ORDINANCE?
Applicant believes that the proposed project site is unique
as it has a history of being used as a commercial and
residential site since 1975 (according to the Assessor's
Office, the residence was built in 1958) , and that the
circumstances of the lot is not due to the unreasonableness of
the Ordinance.
3 . IS THERE AN ADVERSE EFFECT ON THE NEIGHBORHOOD CHARACTER?
It would appear that there would not be an adverse effect on
the neighborhood character as the neighborhood is a mix of
commercial residential uses .
page 1 of 2
UV 38-1993
STAFF COMMENTS AND CONCERNS :
Applicant has received four (4) previous use variances for the
existing commercial structure, in 1976, 1978, 1980 and 1985 . All
the aforementioned variances were for the expansion of the
preexisting nonconforming use structure. The current expansion of
said structure will be placed on two (2 ) contiguous lots, #127-4-1
and 127-4-17 . In the future, applicant plans to merge the four (4)
lots that constitute the site of their business and also intends to
demolish the existing single family dwelling ( see attached letter
from the applicant) .
On a recent site visit, staff observed that there appeared to
be no permeable area on the site. Applicant will need to address
this issue in an Area Variance and required Site Plan Review.
AR/sed
page 2 of 2
C '" ,�� 13b�✓
DAVID & SUZANNE BARNES
NORTH CHURCH LA.
QUEENSBURY, N.Y. l 3 9 a
WE WOULD LIKE TO CONSTRUCT AN ADDITION TO OUR EXISTING AUTO BODY REPAIR SHOP.
THE EXISTING BUILDING IS ON THE CORNER OF INDIANA AVE. & LUZERNE RD.
THE PROPOSED ADDITION WOULD HOUSE A NEW SPRAY BOOTH. OUR EXISTING BOOTH IS
STILL USEABLE, BUT IN NEED OF UPGRADING. THE NEW BOOTH WILL BE IN MORE
COMPLIANCE WITH FUTURE ENVIRONMENTAL LAWS. THE AIR FROM THE FILTERING
SYSTEM WILL BE AS SAFE, IF NOT SAFER, TO BREATH AS ANY AIR AROUND.
THE ADDITION WILL BE ON THE WEST SIDE OF THE EXISTING BUILDING. THE ENTRANCES
TO ALL THE WORK BAYS ARE ON THE EAST SIDE OF THE BUILDING, MAKING IT MORE
CONVENIENT FOR A WEST SIDE ADDITION.
THERE IS A SMALL RENTAL HOUSE ON THE WEST_ SIDE OF THE BODY SHOP.
THE DISTANCE BETWEEN THE SHOP AND THE HOUSE -_.S 451 NOW.
THE PROPOSED DISTAN�7E WILL, BE 18' .
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