Resolution Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
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Area Variance Resolution To: Approve
Applicant Name: Jeff&Kirstie Baertschi
File Number: AV 33-2020
Location: 82 Assembly Point Rd.
Tax Map Number: 239.12-2-43
ZBA Meeting Date: October 28, 2020
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeff&Kirstie
Baertschi. Applicants received an area variance in 2016 for a new home with a 220 sq. ft. deck. When the as-
built survey was completed, the deck was 272 sq. ft. The existing home is 2,367 sq. ft. Relief requested for
setbacks.
Relief Required:
The applicants request relief for setbacks in the Waterfront Residential zone—WR
Section 179-3-040 dimensional requirements and 179-4-080 decks
The existing deck is 20.8 ft. to the south property line where a 25 ft. setback is required and is 20.1 ft. to east
property line where a 30 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday, October 28, 2020.
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; this is a minimal request and will fit in with the character of the neighborhood.
2. Feasible alternatives have been considered by the Board, are reasonable and have been included to minimize
the request.
3. The requested variance is not substantial; the minimal request as stated previously because of this small
request for the setbacks.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood.
5. The alleged difficulty is self-created but it doesn't have any bearing on tonight's ruling.
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;
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. 33-
2020, Introduced by Michelle Hayward, who moved for its adoption, seconded by John Henkel:
Duly adopted this 2811 Day of October 2020 by the following vote:
AYES: Mr. Henkel, Mrs. Hamlin, Mrs. Hayward,Mr. Urrico, Mr. Kuhl,Mr. Underwood,Mr. McCabe
NOES: None
i Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
fi�n1�ofc`rccr�s!�ui} Compliance Letter
Today's Date: October 29,2020
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TO: Applicant Name: Jeff&Kirstie Baertschi TTENTION: Prior to commencing any site work
Location: 82 Assembly Point Rd. please read this letter.
Tax Map Number: 239.12-2-43 Please call this office with any questions.
RE: File No. AV 33-2020
Your application,after review and consideration by the Zoning Board of Appeals;(ZBA)was approved(resolution attached). 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.
Additional requirements and review for this project shall include:
I. Please submit four(4)copies plus an electronic version of the ZBA approved plans to the Zoning Office for the Zoning
Administrator's approval-One(1)copy will be returned to you in order to be posted on the project site.
2. Post Approval-Contact Bruce Frank—Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre-construction meeting before any work is started,and at any time during the site development should any constraints,
concerns or questions arise. Mr. Frank will monitor the site development throughout the project for compliance with your
approval;however,see item 3;
Contact Bruce Frank, Code Compliance Officer at 761-8226.
Applicant may apply for a building permit unless the proposed project requires review,approval or permit from the
Adirondack Park Agency,Lake George Park Commission or other State agency or department.
3. As-built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final
sign-off from the Zoning Department and/or a Certificate of Occupancy—
If there are no modifications or changes from the approved plan provide a certification from the project designer.
If there are minor modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This may be,potentially,approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This will likely require re-approval by the Zoning Board.
Sincerely,
CIO
Craig Brown
Director of Planning&Zoning
Zoning Administrator
CB/kd