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