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