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Approval resolution1 0 • TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY, NEW YORK 12804 Christian G. Thomas, Chairman Bonnie M. Lapham, Acting Secretary 21 Pinewood Hollow Road _-_ 409 Ridge Road Queensbury, New York 12804 Queensbury, New York 12804 TO: Paul G. Schuerlein 13 Heinrick Circle Queensbury, New York 12804 PROJECT FOR: Paul G. Schuerlein THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE FOLLOWING: Meeting Date: November 24, 1997 Variance File Number: 77-1997 USE x AREA _ SIGN Other: ® APPROVED ❑ DENIED ❑ TABLED ❑ WITHDRAWN ❑SEQRA REVIEW ❑ WITH CONDITIONS MOTION TO APPROVE USE VARIANCE NO 77-1997 PAUL G SCHUERLEIN, Introduced by Robert McNally who moved for its adoption, seconded by Bonnie Lapham: 188 Dixon Road. The applicant proposes operating a plumbing and _. heating business in an existing structure located in a UR-10 zone. The proposed project requires relief from the requirements of Section 179-17, UR-20. Commercial activities are not allowed in a UR-10 zone. I move that we approve the application to the extent it requests and will allow Mr. Schuerlien to operate a plumbing and heating business in the existing structure. The structure was built for commercial purposes. It was always used for commercial purposes, and it is my opinion that no reasonable return can be realized on the property as it is currently zoned. The applicant has shown financial evidence regarding the return on the property, and I believe he's demonstrated that there can't be a reasonable ret�{�l1rn. The alleged hardship is unique to the property, in that it is gue to the previous use of the existing structure as a carpet cleaning business, pre -dating the existing zoning code. The page 1 of 2 PLEASE READ THE BACK OF THI S FORM - Thank You IMPO*NT INFORMATION REGARDING TWING PROCEDURE RESOLUTION At the February 17, 1993 the Queensbury Zoning Board of Appeals made a MOTION THAT WHEN THE ZONING BOARD OF APPEALS TABLES AN APPLICATION, THAT THE APPLICANT HAS SIXTY (60) DAYS TO COME BACK WITH THE APPLICATION. IF THE APPLICANT DOES NOT COMEBACK WITH THE APPLICATION WITHIN SIXTY (60) DAYS, THEY HAVE TO READVERTISE, Introduced by Theodore Turner who moved for its adoption, seconded by Fred Garvin: Duly adopted this 17th day of February, 1993, by the following vote: AYES: Mr. Garvin, Mr. Carples, Mrs. Paling, Mr. Thomas, Mr. Turner NOES: None ABSENT: Mr. Philo, Mrs. Eggleston § 179-91 ZONING § 179-92 § 179-91. Zoning Board of Appeals hearing; decision; APA review. [Amended 11-23-1992 by LL No. 11-19921 A. The Zoning Board of Appeals shall give such notice of hearings, hold hearings, and decide applications presented to it, as may be required or allowed by Town Law §§ 267-a and 267-b. B. Appeals from a Zoning Board of Appeals decision may be taken as allowed by Town Law § 267c. C. The Adirondack Park shall be considered a party to variance applications in the Adirondack Park and shall receive such notice and have such rights of review as are provided in the Executive Law of the State of New York and the applicable APA rules and regulations. D. 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. § 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. 0 Use Variance No. 77-1997 Paul G. Schuerlein requested variance will not alter the essential character of the neighborhood. While the area is residential in character, the subject property has historically been used in a commercial manner. Moreover, the property has been empty for some time and the applicant proposes improving the property and beginning to use the property in a manner in accordance with most commercial concerns, such that the continuous and commercial enterprise will not be anticipated to essentially alter the character of the neighborhood. The alleged hardship is not self created in that it's attributed to the Zoning Ordinance and the fact this property was built before the date of the existing Ordinance. It's my proposal, however, that if we approve this Use Variance, that it would include an express condition that there by no retail sales or retail use of the property, and that there be no outside storage of plumbing supplies or materials on the property. Duly adopted this 24th day of November, 1997, by the following vote: AYES: Mrs. Lapham, Mr. McNally, Mr. Karpeles, Mr. Hayes NOES: NONE ABSENT: Mr. Custer, Mr. Stone, Mr. Thomas Sincerely, Bonnie M. Lapham, Secretary Queensbury Zoning Board of Appeals BML/sed CC: R. Mark Levack page 2 of 2