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Staff NotesTown of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 34-2012 Project Applicant: Jerry Brown Auto Parts Project Location: Lower Warren Street Meeting Date: July 25, 2012 Description of Proposed Project: Applicant proposes construction of a 120 ft. x 200 ft. (24,000 sq. ft.) steel framed building for storage of auto parts. Further, proposal calls for a 20 ft. x 50 ft. covered ramp connecting the above proposed building with existing +/- 15,700 sq. ft. dismantling warehouse. Relief Required: Nature of Area Variance: Parcel will require area variances as follows: 1. Side setback (existing garage) – Request for 50 feet side setback relief from the 50 foot requirement for the proposed covered concrete ramp. 2. Side setback (proposed steel framed building) - Request for 50 feet side setback relief from the 50 foot requirement for the proposed covered concrete ramp. Please note that the proposed steel framed building has approximately 25% of the western portion of the structure within the side setback of the building envelope. 3. Expansion of a Non-conforming structure – Expansion of a non-conforming structure must be approved by the Zoning Board of Appeals. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. 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. A feasible method would be to combine the two lots in order to avoid the area variance requests. 3. Whether the requested area variance is substantial. The request for50 feet or 100% relief from the 50 foot side setback requirement as per §179-3-040 for the proposed covered concrete ramp associated with the existing garage may be considered severe relative to the ordinance. Further, the request for50 feet or 100% relief from the 50 foot side setback requirement as per §179-3-040 for the proposed covered concrete ramp associated with the proposed steel frame building may be considered severe relative to the ordinance. Finally, expansion of a non-conforming structure must be approved by the Zoning Board of Appeals. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minorimpacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self created . The difficulty may be considered self-created. Parcel History (construction/site plan/variance, etc.): Both Parcels: SP 41-2012 Expansion of Junkyard use Pending Existing Use: AV52-10: 900 sq. ft. storage shed Side yard setback relief requested Withdrawn SP 59-09: 900 sq. ft. storage shed Approved 12/15/09 SP 54-05: 7,500 sq. ft. Storage Bld. Approved 10/18/05 SP 16-02: 1,300 sq. ft. Addition Approved 4/23/02 SP 19-92: Fence Approved 6/16/92 Staff comments:  In order to avoid an additional area variance for permeability associated with existing junkyard, the applicant has offered to swap 1,325 sq. ft. of existing impermeable surfacing to permeable surfacing to offset the additional hard surfacing proposed with this expansion.  Applicant required to apply for a certificate of approval from the Town Board prior to the operation of a junkyard as per §102-4, Junkyards. Type II SEQR Status: L:\Keith Oborne\2012 Staff Notes\Zoning\July 25\AV 34-12 SBLB-JBAP.doc Zoning Board of Appeals Community Development Department Staff Notes