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Application• • 1 .J LITTLE & O'CONNOR ATTORNEYS, P.C. NINETEEN WEST NOTRE DAME STREET - P.O. BOX 898 J. DAVID LITTLE GLENS FALLS, NEW YORK 12801-0898 MICHAEL J. O'CONNOR NATHAN P. HALL ELIZABETH E. LITTLE OF COUNSEL October 11, 2013 *VIA EMAIL ONLY* Craig Brown, Zoning Administrator Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Property of Paul & Teri Schuerlein — Dixon Road, Queensbury Tax Map Parcels: 302.9-1-1 & 3 Dear Craig: AREA CODE 518 TELEPHONE 792-2113 FAX 792-6972 Mr. and Mrs. Schuerlein wish to convert the use and structure on the above parcels to a medical office and apartment from the present plumbing office and warehouse. The footprint of the existing building will not be expanded. It is not anticipated that any Area Variances will be required. We write to you for the purpose of your expected denial letter, as this property is in a Neighborhood Residential Zone. We do recognize that service businesses are permitted, but it is unclear whether a medical office would be considered a service business. Please call if you have questions. Yours Very Truly, LITTLE & O'CONNOR ATTORNEYS, P.C. By: Michael J. O'Connor MJOC1kml CC: VIA EMAIL Paul & Teri Schuerlein John Cifone — Cifone Construction, Inc. G. Thomas Hutchins, P.E. - Hutchins Engineering Paul L. Dowen, CPA - Whittemore, Dowen & Ricciardelli, LLP WEB SITE: www.littleoconnor.com EMAIL: mioconnor@littleoconnor.com 11 • General Information Tax Parcel ID Number: 302.9-1-1 & 3 Zoning District: NR Use Variance Revised June 2009 Detailed Description of Project [includes current & proposed use]: Conversion of existing building to Medical Office and Apartment. OWN r , QUEE N - a c Location of project: 310 Dixon Road, Queensbury, New York Town of Queensbury • Zoning Office • 742 Bay Road - Queensbury, NY 12804. 518-761-8238 is Use Variance Revised June 2009 Site Development Data Area /Type )=Misting sq. ft. Proposed Total sq. ft. Add s . ft A. Building footprint Zy Z Z 0n Z4Z1 B. Detached Garage $� Too C. Accessory Structure(s) �^ D. Paved, gravel or other hard surfaced area 3yq� y 56 7653 E. Porches / Decks ry 2. 2 -627 p F. Other G. Total Non -Permeable [AddA-F] a-K ff y�l 2 ! r ►0�9 H. Parcel Area [43,560 sq. ft. / acre] 25 161 I. Percentage of Impermeable Area of Site [I=G/H] 27,67o iG,O% y,3, 6 7, Setback Requirements Area Requited Existing Proposed Front[1] 201 21,y, zl.yl Front [2] Shoreline Side Yard [1 ] 101 61.31 61,3 r Side Yard [2] Rear Yard [1] 15f D Rear Yard [2] Travel Corridor Height [max] `JO1 "�377 I Permeability 5 !o Z. L-1 70 Jr6 %s No. of parking spaces o • 3 Town of Queensbury • Zoning Office - 742 Bay Road • Queensbury, NY 12804.518-761-SM Use Variance Revised June 2009 • Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? NO 2. If the parcel has previous approvals, list application number(s): J V) 7' 1ct4 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? NO 4. Estimated project duration l a,biL) Start Date 114VAU End Date 3/31/2014 5. Estimated total cost of project:01). .-(Q 6. Total area of land disturbance for project: 4 63 JQ The following information is needed by the Zoning Board of Appeals and reflects the criteria for granting a Use Variance. Please respond to each item; use additional sheets if needed: The applicant cannot realize a reasonable return, provided that return is substantial as demonstrated by competent financial evidence. See report of Paul Dowen, CPA 2. The alleged hardship relating to the property in question is unique, and does not apply to a • substantial portion of the district or neighborhood. Property presently has variance for operation of a plumbing and heating office and business. For the last 50 years, the property has had a business occupancy. • 3. That the requested Use Variance, if granted will not alter the essential character of the neighborhood Same will be an improvement, returning part of the building to residential use and having a medical office, without commercial trucks, storage, etc. 4. That the alleged hardship has not been self created. Yes and no - the building can presently be used for commercial purposes. Applicant wishes to convert commercial use. Please take note: • Responses to items 1-4, above, must be provided for review by the Zoning Board of Appeals. • New York State Town Law 267-b requires that the Zoning Board of Appeals deny the variance - if any one, or more of the factors listed above is NOT PROVEN. Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 Use Variance Revised June 2009 Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted • below. OEN RAL ,. SHOWN ON. SHEETIII 1 Title, Name, Address of applicant & person responsible for preparation of drawing X 2 Deed X 3 North arrow, Tax Map ID, date prepared and scale [minimum tin. = 40 ft.] Y X 4 Boundaries of the property plotted to scale, zoning boundary X 5 Principal structures, accessory structures with exterior dimensions Neighborhood Residential X 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed X 7 Setbacks for all structures and improvements: existing & proposed X 6 Elevations and floor plans of all proposed and affected structures X B. *`.,WATER & SMM- . - :SHOWN ON SHEET:# 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed X 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on -site water supply and septic Town 3 Separation distances for proposed sewage disposal system to well and water bodies N/A 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction of water supply including daily water usage Town 5 Percolation test location and results N/A C. -- - PARKING'/ PERMEABLE'AREAS = ` SHOWN ON i SHEET 1 Number of spaces required for project including calculations and justification: existing A proposed X 2 No. of existing arld spaces, number to be removed, number to maintain and type of surfacing material e.., gravel,paved] X 3 Provision for pedestrian and handicap access and parking: existing & proposed X 4 Design details of ingress, egress, loading areas and cutting: existing & proposed X 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed X 6 Lighting, location and design of all existing and proposed outdoor lighting Wall Lights Downcast X D. ADDMPNAL SITE DEVELOPMENT ANO MISCELI.AN,F'OUS' ,,SHOWN.ON SHEET#' 1 On -site & adjacent watercourses, streams, rivers, lake and wetlands NIA 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing 8 proposed N/A 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc. X 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & proposed X e Signage: Location, size, type, design and setback: existing $ proposed Professional Sign X f Waiver Request: provide letter with application requesting any waivers: please reference specific Items Li htin Gradin Plans X g Commercial/Industrial Development requires submission of Landscaping, Stormwaler Management, Grading & Lighting Plans X h Identification of Federal, Slate or County permits required for the project together with a record of application for all necessary permits NIA • Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804. 518-761-8238 Use Variance Revised June 2009 Signature Page • This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 6.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: Paul & Teri Schuerlein Designates: Michael J. O'Connor; G. Thomas Hutchins, PE; Cifone Construction As agent regarding: x Variance x Site Plan Subdivision For Tax Map No.: 302.9 Section 1 Block 1 & 3 Lot Deed Reference: 1214 Book 227 Page4/13/2001 Date & Bk 1145 Pg 307 12115/1999 OWNER SIGNATURE: DATE: 101 /2013 APPLICANT'S AGENT FORM: Complete the following if the APP CANT 'y !ia I� atten th meeting or wishes to be represented by another party: Owner: Designates: As agent regarding: Variance Site Plan_ Subdivision For Tax Map No.: _ S tion BI k Lot Deed OWNERSIGNATTURERefeygng� , /. fc '—I DATE: 9e DATE: Date • 2.1 ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. 5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete statementidescription of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as -built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have/read and agrep to the o . y �(�[ 4 &Cj l/j 101 12013 $fgnature [Ap Ic n rint Name p lic t] Date signed Nit 10/ /2013 • Signa ure g_eM Print Name [Agent] Date signed Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 •518-761-6238 NARRATIVE STATEMENT Applicant has owned premises since 1998/2001 and obtained a use variance for operation of a Plumbing and Heating Business in 1997. The property has consistently been used for commercial purposes over the last 50 years. We believe that the builder of the structure was Warren Clark who cleaned and sold rugs. The tower was used for drying rugs. The present owners have attempted to market the property over the last 8 to 10 years without success. The property has been listed with Mark Levack (Levack Real Estate) and Charlotte Potvin (Front Gate Real Estate). The property was reasonably priced. Mark Levack called every service business and no offers were ever made. The cost basis for the land and building is $72,835.00. If you add to that the cost of total demolition, you are probably talking $90,000.00. A vacant lot in this neighborhood would not bring $90,000.00. The neighborhood values are influenced by the busy tree service operation to the north of Dixon Road. Of the permitted uses, the closest to the proposed use would be a duplex, but the projected residential rent does not justify the investment with a 3.76% return. The conversion to medical offices with an apartment creates a projected rental stream that works even though it falls short of the ideal return of 15%. This will be an improvement to the neighborhood without any negative impact. It also suits the desires of the Applicant, who has a son graduating as a Chiropractor and who wants to establish an office with his own apartment in the same building. Balancing impact over benefit, the variance and site plan should be approved. r LJ • • 6I Z20 Appendix B Short Environmenta/Assessment Form Instructions for Comnletin¢ Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Paul & Teri Schuerlein Name of Action or Project: Dixon Road Use Variance & Site Plan Project Location (describe, and attach a location map): 310 Dixon Road Brief Description of Proposed Action: Conversion of Plumbing & Heating Shop to Medical Office & Apartment Name of Applicant or Sponsor: phone: (518) 494-3084 FE—T-emIcail: Paul & Teri Schuerlein Address: 162 Palisades Road City/PO: Brant Lake State: NY Zip Coder 12815 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a description of the intent of the proposed action and the environmental resources that X in may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: Both Queensbury Zoning Board of Appeals and Planning Board X 3.a. Total acreage of the site of the proposed action? 0.63 acres b. Total acreage to be physically disturbed? 0.30 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0.93 acres 4. Check all land uses that occur on, adjoining and near the proposed action. 1) Urban El Rural (non -agriculture) ❑ Industrial X Commercial X Residential (suburban) 11 Forest o Agriculture ❑ Aquatic g Other (specify): Glens Falls Reservoir Parkland Pagel of 4 • 0 0 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A X 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X X X 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES X 10. Will the proposed action connect to an existing public/private water supply? If Yes, does the existing system have capacity to provide service? ❑ NO ® YES If No, describe method for providing potable water: NO YES X 11. Will the proposed action connect to existing wastewater utilities? If Yes, does the existing system have capacity to provide service? ❑ NO ❑ YES If No, describe method for providing wastewater treatment: NO YES X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES X 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ® Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES X 16. Is the project site located in the 100 year flood plain? NO YES X IT Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO O YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO YES X Page 2 of • 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO j YES I AFFIRM THAT THE INFORMATION PROVIDED AB E IS RUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam •6V11116 Date: Signature: ex,i 11�Uev, -tin Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?' No, or Moderate small to large impact impact _ may may occur occur 1. Will the proposed action create a material conflict with on adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 • • No, or Moderate small to large impact impact -- may may -- occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? Will the proposed action create a hazard to environmental resources or human health? EL Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 101/22/2014 05:07 7937869 LEVACK REAL ESTATE ee AAM,- an ed Inn.C:a Fenimore Square • 33 Park Street • Glens Falls. NY 12801 Tel: (518) 793-7600 Fax: (51.8) 793-7869 Town of Queensbury 742 Bay Road [3pKA Queensbury New York 12804 NtpSE (n SIGN Re: Schurline Dixon Road Queensbury Use Variance Members of the Zoning Board Of Appeals VARIANCE NO. PAGE 01/02 My name is R. Mark Levack. from May 13, 2010 to November 3, 2010 Levack Real Estate, Inc. actively engaged in the marketing of 310 Dixon Road Queensbury. In addition, we continued to endeavorto procure a buyer after the listing officially termed out for a period of time. We used every marketing effort to procure a buyer for this property. We were unsuccessful in producing a single offer. At first our marketing efforts were concentrated on all plumbing and heating business as permitted by use variance. We conducted an extensive direct marketing campaign to introduce this opportunity to the regions plumbing and heating business. This effort yielded little interest. In addition, we attempted to solicit businesses of a "like kind" nature. This too was unsuccessful. Every effort has been made to sell this property over a prolonged period of time. In my professional opinion, the property cannot be economically utilized as zoned. The Schurlines initial investment of $72,500 plus the cost of demolition would place their land basis at approximately $87.500 to $90,000. This amount is easily double what the land would be worth today as a residential building lot. This preexisting non -conforming property is unique and deserves every consideration for a variance. The proposed relief from a zoning is appropriate and, in my opinion, poses no additional impact on the neighborhood Thank you for your consideration on this matter. R. Mark Levack President, Levack Real Estate, Inc. '01/22/2014 05:07 7937869 LEVACK REAL ESTATE PAGE 02/02 Warren County Commercial Data Entry Property Name §churline Agent ID 1266 ' ' Status Multi Use? Bxpired' No IList CoAgcntID Price $165,000'. Multiple Use Type No Sub Agency Comm 0 ListingAgent R.MarkLevack BuyBrokerComm !.5 Co -Agent BrokerAgentComm b ' Appointments MLS Number r '1.09272 ' Lockbox Previously Listed No Yes Sign No Expiration Date 11/03/2010' Type ofAgcney 1ixclusiveAgency Listing Status List Date b5/13/2010 Business Name None ' Number/Street `310 'bixon Present Use Business Service,Other� County Warren Water Type None City/Town/Vlg Queensbury Lake/RiverName fJone/Unnemed Post Office Queensbury ZIPCode 12504 1 AppmxAcres b.5400 Zoning Residential Warehouse SgFt 3000 ' Lot Front 151 Lot Side 1 `1.67 Lot Back 164 Lot Side 2 121 Owner Financing No Deed Restrictions No I Tax Assessment 1129,10c' Deed Book 1492 ' Ful I Mkt Assessment �1.29,100. Deed Page 204 Gross Expense ' Approx Sq Ft r2376 Water Expense r ' Year Built 1954 ' Other Expenses Office Sq Ft `L00 Income Year r I .Main Road Frontage r151. Number of.Bui [ding rl Estimated Taxes 11,592.71' Ceiling Height 9 Tax Map Section 302.9 #of Parking Spaces 5 Tax Map Block 1 S SgFt Lease r , Tax Map Lot l r , Internet Yes Amps Fuses: No Circuit Breakers No Gross Income Fuel Expense r ' Insurance Expense Expense Year ' Number of Bays 4 NumberofStodes 1 Number ofRectrmms 1 ' S SgFt Sales Assumable Loan No ' Loan Type Cash r ' Mortgagee Leased No ' Will Lease: No Lease Type n/a Amenities r ' Transportation r ' ' Type r Sale Includes` ' Basement r ' Construction r ' Foundation r Dries on File r ' Heat System Heat Distribution Air Conditioning ' Owner Name SchurlinI Directions Aviation Road to John Burke Drive. Left on Dixion. Bid on right hand side. Remarks Formerhome ofSchurlinePlumbing and heating.. Nice office with modem kitchenette and toilet room. Shop adjoining shop area with overhead door and man entry. Rear shop has high bay with overhead door. Detached two car garage with 2 overhead doors..A.ttractive landscaping. Stoned rear sturrage yard. Permitted business use with variance. Virtual Tour LIRL Road Frontage down Road Equipment r Roof Metal Roof, Composition Shingle' Utilities Cab1eTV,Gas,Talephone,Water, Electricity Parking 1'avcd,Stone ParkingArea Water %blic Water Sewer Septic ' Possession At Closing Show Instruct Coll LA For Appointment, Sign On Property Special Search r Green Fields r ' Miscellaneous r120 Wiring, High-speed Intcmct,Ot&ce Space, Outside Storage, Single Phase Reference , Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Use Variance No.: 1-2014 Project Applicant: Paul & Teri Schuerlein Project Location: 310 Dixon Road Meeting Date: 1-22-2014 Description of Proposed Project: Applicant proposes conversion of existing 2,268 +/- sq. ft. Plumbing & Hearing Shop and Warehouse to Medical Office and apartment. Site work includes garage removal and reconstruction of a new 900 sq ft garage; site disturbance and reconfigure parking area is also proposed. Relief Required: Parcel will require area variances as follows: Relief requested from allowed uses in the NR zone Section 179-3-040 Establishment of Districts Criteria for considering an Use Variance according to Chapter 267 of Town Law: In malting a determination, the board shall consider: • 1. The applicant cannot realize a reasonable return, provide that return is substantial as demonstrated by competent financial evidence. The information necessary for this response should identify each of the uses allowed in the zone and the "dollars and cents" values to operate each use compared to the proposed use or uses the applicant has suggested as well as the previously approved, by Use Variance, use of Plumbing & Heating business. The applicant has provided a response to using the building as is for the same use, a proposed residential use, and the proposed medical office with a Summary of Rate Return Computation prepared by CPA Paul L. Dowen. The document indicates the rate of return for the original cost is less than 15% expected for a commercial property where 6.97% is anticipated of the proposed Medical Office, 3.76% would be for a duplex use and 1.37% would be to maintain current use. In addition the CPA has provided a Total original costs plus renovations values where the proposed commercial use and apartment would be at $407,360, a duplex would be $365,935 and the existing space would be $72,835 The document indicates even using the building as is has a return rate of 1.37 It does not appear as though the applicant has provided sufficient evidence to support their claim for lack of reasonable return. Use Variance No.: 1-2014 Project Applicant: Paul & Teri Schuerlein Project Location: 310 Dixon Road Meeting Date: 1-22-2014 2. The alleged hardship related to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood. The file records indicate the building was built in 1955. The NR Zone allows through site plan Bed and Breakfast, Cemetery, Condominium Development or unit, Library, Multifamily dwelling, Outdoor recreation, Place of worship, Playground, Private school, Produce stand greater than 100 sq ft, Public/semipublic building, Town House the Special Use Permits may be applied for that includes, Personal Service, and permitted uses include Duplex, Mobile home, Produce stand less than 100 ft and a Single family dwelling. The applicant proposes a medical office that is non -compliant commercial use where the zone does allow for compliant money -making uses The applicant has indicated the property has been used for commercial purposes for the last 50 years. 3. That the requested Use Variance, if granted will not alter the essential character of the neighborhood. The neighboring properties are single family, duplexes, watershed property, and storage within three zoning districts NR, MDR, and PR10. The proposed new use of a Medical office • would not be consistent with this zoning district. The Neighborhood Residential (NR) District encompasses areas of older, more traditional, high -density neighborhoods. The NR zone is intended to protect and enhance traditional, high -density neighborhood character while providing the opportunity for infill and high -density housing. The applicant has indicated the new uses on the site will not be the same where there will be no commercial trucks or such storage on the site. 4. Whether the alleged hardship has not been self-created. The alleged hardship can be interpreted as self-created. The applicant has indicated that the site can still be used for the approved commercial use however the intent is to convert to a less commercial use. Parcel History (construction/site plan/variance, etc.): Use Variance 77-97: Change the relief and provide for the use of the building by two businesses; Schuerlein Plumbing & Heating and Kellwood Cabinetry. 8-20-03 NOA 2-03: Appealing Zoning Administrator's determination regarding the addition of a commercial business to an Urban Residential property. 6-25-03 Zoning Board of Appeals Community Development Department Staff Notes •Use Variance No.: 1-2014 Project Applicant: Paul & Teri Schuerlein Project Location: 310 Dixon Road Meeting Date: 1-22-2014 Staff comments: The applicant proposes to alter a building and site for a Medical office and an apartment. The project involves removal of an existing garage and construction of a new garage, renovation of the existing building for a medical office and renovation of portion of the building for a 2 story apartment. The previous use for Plumbing and Heating and Cabinetry construction was approved as a use variance in 1997. The applicant has indicated there would be no commercial trucks or storage as associated with the previous use. The applicant has also indicated that the total land and building would be about 72,500 and adding demolition would bring the total to $90,000 where the applicant has explained that a vacant parcel would not be worth $90,000 in this area. However, no realty information such as recent sales was provided with the application materials. Has the property been recently listed for sale? At what price? Were there any offers? And For how much? These types of information may help to establish the dollars and cents justification for the existing status of the property, however, the required financial information • for each and every allowable use within the district has not been provided. SEQR Status: I Unlisted Zoning Board of Appeals Community Development Department Staff Notes 0 �J • Janl4-16 Warren County Planning Department Project Review and Referral Form Reviewed by Department on January 5, 2014 Project Name: Schuerein, Paul & Teri Owner: Paul & Teri Schuerlein ID Number: QBY-14-UV-1 County Project#: Jan14-16 Current Zoning: NR Community: Queensbury Project Description: Applicant proposes conversion of existing 2,421 sq ft Plumbing and Heating Shop and Warehouse to Medical Office and 1-Apartment. Site work also includes garage removal and reconstruction of a 483 sq ft addition to garage, distrubance will reconfigure parking area. Relief requested from allowed uses in a NR zoning district. Site Location: 310 Dixon Road Tax Map Number(s): 302.9-1-1 & 3 Staff Notes: The issues here appear to be of a local nature involving local issues without any significant impacts on County properties or resources. Staff recommends no county impact based on the information submitted according to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project. Local actions to date (if any): County Planning Department: NCI Local Action:/Final Disposition: Z/ War County Planning Department 62te Signed o��j O�n/icial Date lgned PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 Town of Queensbury Planning Board PLANNING BOARD RECOMMENDATION TO ZONING BOARD OF APPEALS USE VARIANCE 1-2014 PAUL & TERRI SCHUERLEIN Tax Map ID 302.9-1-1, 3 The applicant has submitted an application for the following: Applicant proposes to convert existing 2,421 +/- sq. ft. plumbing office and warehouse to a medical office and an apartment. An addition to garage of 483 sq. ft. for a total of 900 sq. ft. garage. Office area 1,657 sq. ft. (one floor); Residential area 1,274 +/- sq. ft. (both floors). Site Plan: Office in a NR zone requires Planning Board review and approval. Use Variance: Office is not an allowed use in the NR zone. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR USE VARIANCE NO. 1-2014 PAUL & TERRI SCHUERLEIN: Introduced by Mr. Krebs who moved its adoption, seconded by Mr. Traver; and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with the current project proposal. Duly adopted this 21 st day of January 2014 by the following vote; AYES: Mr. Traver, Mr. Krebs, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: None Cc: Michael J. O'Connor Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski, Chairman Roy Urrico, Secretary TO: Paul & Teri Schuerlein PROJECT FOR: Paul & Teri schuerlein 162 Palisades Road 310 Dixon Road Brant Lake, NY 12815 ZBA Meeting Date: Wed., January 22, 2014 X SEQRA UNLISTED ACTION - NEGATIVE DECLARATION APPLICATION Use Variance No. 1-2014, Paul & Teri Schuerlein, for the project on Dixon Road, Introduced by Richard Ganand who moved for its adoption, seconded by Ronald Kuhl: Upon review of the information recorded on this EAF, as noted, it is the conclusion of the Town of Queensbury Zoning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental statement need not be prepared. Accordingly, this negative declaration is issued. AYES: Mr. Noonan, Mr. Henkel, Mr. McCabe, Mr. Urrico, Mr. Kuhl, Mr. Jackoski, Mr. Garrand NOES: None RESOLUTION TO Approve Use Variance No. 1-2014, Paul & Teri Schuerein, Introduced by Michael McCabe who moved for its adoption, and amended as per Steven Jackoski, seconded by Ronald Kuhl: The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul & Teri Schuerlein for a variance from Section 179-3-040 of the Zoning Code of The Town of Queensbury in order to convert existing 2,421 sq. ft. Plumbing and Heating Shop and Warehouse to Medical Office and 1- Apartment. Site work also Includes garage removal and reconstruction of a 483 sq. ft. addition to garage; disturbance will reconfigure parking area. Relief requested from allowed uses in a Neighborhood Residential (NR) zoning district. Upon consideration of the application materials, completed SEQR review form and information supplied during the public hearing and the criteria specified in Section 179-14-080(B) of the Queensbury Town Code and Chapter 267 of NYS Town Law, and after discussion and deliberation, we find as follows: We find that the applicant cannot realize a reasonable rate of return, provide that the return is substantial as demonstrated by the competent physical evidence; provided by the applicant. We find the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood. We find that the requested Use Variance, if granted, will not alter the essential character of the neighborhood. Page 1 of 3 Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (Continued) ZBA Meeting Date: Wednesday, January 22, 2014 Use Variance No. 1-2014, Paul and Teri Schuerlein The alleged hardship has not really been self-created since commercial property has existed there for quite some time. Concerning the reasonable return, we have completely reviewed the spread sheet work presented to us by the applicant's agents as related to reasonable rates of return and different uses of the property. Under the hardship being unique, it is unique given the specific details of this particular building and this particular lot and when it was constructed and before the neighborhood was basically even developed in its current use. Will it alter the essential character of the neighborhood? Given it was a commercial entity before the neighborhood; basically even was in existence, we feel that it does not change or alter the essential character of the neighborhood as the record has demonstrated this evening, as well. Under the hardship being self-created: It may be considered, slightly self-created but given the presentation by the applicant and their agents, we're comfortable that it is should be a motion that's approved by everyone. Based upon our findings above, we hereby determine that the applicant has demonstrated that the applicable zoning regulations and restrictions have caused unnecessary hardship. Based upon all of the above, I move that this Board Approve Use Variance No. 1-2014, Paul & Teri Schuerlein; Duly adopted this 22nd day of January, 2014 by the following vote: AYES: Mr. Noonan, Mr. Garrand, Mr. Henkel, Mr. Urrico, Mr. McCabe, Mr. Kuhl, Mr. Jackoski NOES: None Steven Jackoski, Chairman Queensbury Zoning Board of Appeals Cc: Michael J. O'Connor, Esq. Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Page 2 of 3 ZBA Decision Resolution (Continued) ZBA Meeting Date: Wednesday, January 22, 2014 Use Variance No. 1-2014, Paul and Teri Schuerlein IMPORTANT NOTES TO APPLICANT: If approved, and if the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action in reliance on the variance until the APA's review is completed. A variance approval is valid for one (1) year from the date of approval. See section 179-14-090. The applicant may request an extension of approval BEFORE the one (1) year time limit has expired. An approval cannot be extended following expiration. 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 of these final plans. Upon approval of the application and review and approval of final plans by the Community Development Department, the applicant can apply for a Building Permit unless the proposed project requires review and an approval or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Page 3 of 3