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Area Variance Resolution Zoning Board of Appeals – Record of Resolution 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Steven Jackoski, Chairman Roy Urrico, Secretary Christine Mozal Christine Mozal/Donald Marshall TO:PROJECT FOR: 99 Fitzgerald 98 Fitzgerald Road Queensbury, NY 12804 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Area Variance No. 10-2012 Christine Mozal/Donald Marshall Meeting Date: Wednesday, March 21, 2012 Approved _X_ , MOTION TO APPROVE AREA VARIANCE NO. 10-2012 CHRISTINE MOZAL/DONALD MARSHALL Introduced by John Koskinas who moved for its adoption, seconded by Joyce Hunt: 99 Fitzgerald Road. Granting the following relief from the requirements of Section 179-3-040: 15.9 feet from the 20 foot side setback requirement for the deck nearest the shore; 15.4 feet of relief from the 20 foot side setback requirement for the deck located to the south, and .99 acres of relief from the two acre lot size requirement of the WR zone for parcel tax ID number 289.14-1- 27.1 and 1.86 acres of relief from the two acre lot size requirement for affected parcel tax ID number 289.14-1-28. Findings: One, that no undesirable change to the character of the neighborhood or detriment to nearby properties will be created, reasoning that existing densities and relative structure layouts will not change. Two, that the applicant does not have reasonable alternatives not involving an Area Variance. Reasoning: lot limitations and existing nonconformities preclude feasible alternatives. Three: That the variance is not deemed to be substantial. Reasoning: That while percentages of relief are high, existing nonconformities are not appreciably worsened by granting of the requested relief. Four, that the variance will have no adverse impact on the physical or environmental conditions in the neighborhood. Reasoning: Again, that pre-existing conditions are not worsened. Five, and that the applicant’s Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals – Record of Resolution 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Continued ZBA Resolution ZBA Meeting Date: Wed., March 21, 2012 Area Variance No. 10-2012, Christine Mozal difficulty is not considered to be self-created. Reasoning: the relative positions of the subject structures were pre-existing. I move for approval. Duly adopted this 21 day of March, 2012, by the following vote: st AYES: Mr. Clements, Mrs. Hunt, Mr. Koskinas, Mr. Jackoski NOES: NONE ABSENT: Mr. Garrand, Mr. Underwood, Mr. Urrico Sincerely, Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh Cc: Hutchins Engineering The variance approval is valid for one (1) year from the date of approval. You may request an extension of approval before the one (1) year time frame has expired. See section 179-14-090 Final, approved plans in compliance with this variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & Codes personnel. Subsequent issuance of further permits, including building permits are dependent on receipt. Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.)