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ApplicationArea Variance [ZBA approved: September 21 2016) 295.-19-2-7 Tax Parcel ID Number: 8,13 Zoning District: General Information Detailed Description of Project [include current & proposed use]: Approx. 350 Sq. Ft. deck attached to the existing home of 2,197 sq ft Current Use: 500 Sq. Ft. replacement deck in rear of existing home. Proposed Use: Location of Project: 7 Owen Avenue, Queensbury, rear of house. Applicant Name: Ben Botelho Mailing Address 7 Owen Avenue Home Phone City, State, Zip Queensbury, NY 12804 Work Phone Cell Phone 607-259-9533 E-Mail: ben@braymerlaw.com FAX No. Agent's Name: Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Owner's Name same as applicant Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Page 1 Area Variance [ZBA approved: September 21 2016] Site Development Data Area / Type Existing sq. ft. Proposed Additions . ft. Total sq. ft. A. Building footprint 2197 0 2197 B. Detached Garage 0 0 0 C. Accessory Structure(s) 130 0 130 D. Paved, gravel or other hard surfaced area 1200 0 1200 E. Porches / Decks 350 150 500 F. Other 0 0 0 G. Total Non -Permeable [Add A-F] 3877 150 4027 H. Parcel Area [43,560 sq. ft. / acre] 18,295.20 0 19,295.20 I. Percentage of Impermeable Area of Site JI G/H] 0.2119 150 0.2201 Setback Requirements Area Required Existing Proposed no change no change n/a Front Yard [ 1 ] 30 house over 30 (Owen) Front Yard [2] 30 house 39.4 (Sunset) Shoreline n/a n/a Side Yard [1] Side Yard [2] Rear Yard [1] 30 16 house/>30 deck -Owen >30 deck -Owen Rear Yard [2] 30 24.3 reputed 24.3 deck -Sunset Travel Corridor unknown 82 82 Height [maximum] 40 10-15 ft (single story ranch) 10-15 ft (single story ranch) Permeability 50% 89% 88% Number of parking spaces 2 4 4 Page 2 Area. Variance [ZBA approved: September 21 2016] 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): n/a 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit Program? _ Yes / X No 4. Estimated project duration: Start Date: July 2022 End Date: July 2022 5. Estimated total cost of project: 515,000.00 6. Total area of land disturbance for project: 500 Sq. Ft. Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate / Commercial Intensive CM / CI 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See "FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. Parcel Area s . ft. Existing Floor Area s . ft. [see above definition] Proposed Additional Floor Area sq. ft. Proposed Total Floor Area s . ft. Total Allowable Floor Area (Area x } [see above table] Page 3 Area Valiance [ZBA approved: September 21 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: 179-4-080 setbacks for decks Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply] [?)Setback ❑ Buffer Zone ❑Lot Width ❑Other The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? Because we are retaining the same setback of the old deck, there will be no change in the character of the neighborhood of any detriment to nearby_ properties. I personally spoke with my neighbor in the rear, and he is supportive of the project. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? The benefit of a new deck in the same area as the old deck (albeit slightly large cannot be achieved by any other feasible method. The lot is relatively narrow at the back of the house, and cutting 6 feet off the new deck would require me to dispose of a gazebo that was on the old deck. because there would not be room for it on a narrower deck. Whether the requested area variance is substantial? The requested areavariance i5�n It S»hoantial, heeanse i am not asking to rerince sethanks any more than existinglprinr con itinns of the old deck_ 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The requested variance will not have any adverse impacts on the physical or environmental conditions of the neighborhood. It will be no closer to the rear property line than the old deck was, and will improve the Upearance of my home significantly. improving property values for myself and my neighbors. It will also be much safer than the old deck. Whether the alleged difficulty was self-created? The alleged difficulty was not self-created. The old deck at the propea was in dire disrepair and was not safe to use (it was literally and sinking into the sandy soil. We are merely asking for permission to replace the old deck with a newer one with strom,er supports, improved decking (Trex). and a slightly wider footprint that maintains the old deck's setbacks. Page 4 Area Variance [ZBA approved: September 21 2016) Section 179-14-030 —Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s) — a survey showing existing conditions, a proposed conditions map (see page 00 for specific criteria) and include any other attachments that address A - D as applicable to the proposed project. A. General Shown on Sheet # 1 Title, Name, Address of applicant & person responsible for preparation of drawing Survey 2 Deed attached 3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ] survey 4 Boundaries of the property plotted to scale, zoningboundary of 5 Principal structures, accessory structures with exterior dimensions It 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing !& proposed If 7 Setbacks for all structures and improvements: existing & proposed It 8 Elevations and floor plans of all proposed and affected structures building plans attach B. Water & Sewer Shown on Sheet # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed on site 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on -site water supply and septic municipal 3 Separation distances for proposed sewage disposal system to well and water bodies NA 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 5 Percolation test location and results " C. Parking / Permeable Areas Shown on Sheet # 1 Number of spaces required for project including calculations and justification: existing & proposed 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e.g., gravel, paved 3 Provision for pedestrian and handicap access and parking: existing & proposed 4 Desicn details of ingress, egress, loading areas and cutting: existin & proposed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed 6 Lighting, location and design of all existing and proposed outdoor lighting" D. Additional Site Development and Miscellaneous Shown on Sheet # 1 On -site & adjacent watercourses, streams, rivers, lake and wetlands " 2 Utility / energy distribution system as, electric, solar, telephone]: existing & PETosed " 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. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing !& proposed 5 Si a e: Location, size, type, design and setback: existing & proposed " 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary_ permits Page 5 Area Variance Pre -Submission Conference Form / Section 179-9-040 1. Applicant Name: Ben Botelho 2. Tag Map ID 295•19-2-7 Location: 7 Owen Drive 3. Zoning Classification MDR construct a 500 sq ft deck 4. Reason for Review: 55. Zoning section #: 179-3-040 MDR 179-4-080 deck 6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by Deed X General Information complete X detailed description size of deck, street addresss Site Development Data Complete X Setback Requirements Complete x comer lot 30 Ft all, permeability recheck Additional Project Information Complete X FAR addressed NA Compliance with Zoning Ordinance X Checklist items addressed X Environmental Form completed NA Type 11 residential Signature Page completed X Applicant proposes to construct a 500 sq ft deck to the rear of the existing home. The existing home footprint is 2,197 sq ft. The parcel is a corner lot where the two fronts and two rears require a 30 ft setback (no sides). The applicant proposes no other changes. The Real property records indicate the house was built in 1960 and the pool was in 1969. The applicant has indicated the preexisting deck was in disrepair and was removed- not aware there was no existing permit. Will need survey to confirm setbacks. Area Variance for setbacks. tems reviewed - application, real property record. Items to be updated or provided 1) project description should be updated ie construct new 500 sf deck to existing home.... 2) project location - street address 3) page 2 setbacks and data. Parcel is a corner lot where the two fronts are 30 ft setback and the rear remaining property lines are also 30 ft setback; permeability should be updated calculation subtract hard surfacing from 100 - setbacks and permeability needs to be updated 4) page 5 checklist - all attachments should be listed and included as part of the submission for the area variance. 5) deed will need to be included 6) survey needed with setbacks 7) provide an updated pdf of the application for review - no copies yet. Staff Representative: Laura Moore via email 06/06/2022 Applicant / Agent: n!f�* E our RVEM-111, Page 6 Area Variance [ZBA approved: September 21 2016] This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Owner: Designates: Variance For Tax Map No.: OWNER SIGNATURE: Complete the following if the OWNER of the property is not the same as the applicant: as Agent regarding the following: Site Plan Subdivision Deed Reference: Book DATE: Page Date APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Designates: as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.:` OWNER SIGNATURE: Deed Reference: Book DATE: Page Date 2.) 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 statement/description 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 Uwe 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 agree to the above. Mt nt] Signature [Agent] Print' ame [Applicant] Print Name [Agent] Date signed Date signed Page 7