Resolution & Compliance Letter SV 4-2022 (Tidal Wave Auto Spa) 7.20.22Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Today's Date: July 21, 2022 01
ATTENTION: Prior to commencing any site work
TO: Applicant Name: Tidal Wave Auto Spa please read this letter.
Location: 708 Quaker Road
Tax Map Number: 303.15-1-12 Please call this office with any questions.
RE: File No. SV 4-2022
Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached).
The variance approval is valid for one (1) year from the date of approval. You may request an extension of approval before the
one (1) year time frame has expired. See section 179-14-090.
Additional requirements and review for this project shall include:
Please submit four (4) copies plus an electronic version of the ZBA approved plans to the Zoning Office for the
Zoning Administrator's approval - One (1) copy will be returned to you in order to be posted on the project site.
Electronic versions can be emailed to kai-end@queensbut:z.net. A survey map must be submitted with the final
plans.
2. Post Approval -Contact Bruce Frank —Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre -construction meeting before any work is started, and at any time during the site development should any
constraints, concerns or questions arise. Mr. Frank will monitor the site development throughout the project for
compliance with your approval; however, see item 3;
Contact Bruce Frank, Code Compliance Officer at 518-761-8226.
Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the
Adirondack Park Agency, Lake George Park Commission or other State agency or department.
As -built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of
Final sign -off from the Zoning Department and/or a Certificate of Occupancy —
If there are no modifications or changes from the approved plan provide a certification from the project designer.
If there are minor modifications or changes from the approved plan provide revised site plans with certification that
the changes are acceptable from project designer. This may be, potentially, approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that
the changes are acceptable from project designer. This will likely require re -approval by the Zoning Board.
Sincerely,
00
Craig Brown
Director of Planning & Zoning
Zoning Administrator
CB/kd
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
761177 of( Lueens HWY
Sign Variance Resolution To: Approve
Applicant Name: Tidal Wave Auto Spa
File Number: SV 4-2022
Location: 708 Quaker Road
Tax Map Number: 303.15-1-12
ZBA Meeting Date: July 20, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Tidal Wave
Auto Spa: Applicant proposes a freestanding sign of 42.3 sq. ft. at Dix Avenue and Quaker Road for the
Tidal Wave Carwash Facility. A wall sign of 68 sq. ft. is to be on the main car wash building facing
Quaker Road. The menu sign panels are proposed to be at the wash entrance and be 22.75 sq. ft. each or
45.5 sq. ft. total as they are adjacent to each other. Relief requested for setbacks, size of wall sign, and
number of signs.
Relief Required:
The applicant requests relief for setbacks, size of wall sign, and number of signs. The site is located in a
Cl zone on a 3.83 ac parcel.
Chapter 140 Sign
One wall sign to be 68 sq ft on Quaker Road where 30 sq ft is the maximum sign allowed. Additional
menu signs at 22.75 sq ft each where two are proposed are considered free standing- where 4 free
standing are proposed and only are two are allowed. The Dix Avenue free standing sign is proposed to be
7 ft setback from the property line where a 15 ft setback is required.
SEQR Type: Unlisted [Resolution / Action Required for SEAR]
Motion regarding Sign Variance No. 4-2022. Applicant Name: Tidal Wave Auto Spa based upon
the information and the analysis of the above supporting documentation provided by the applicant,
this Board finds that this will not result in any significant adverse environmental impact. So we
give it a Negative Declaration, Introduced by John Henkel who moved for its adoption, seconded by
Ronald Kuhl:
Duly adopted this 20th Day of July 2022, by the following vote:
AYES: Mr. Underwood, Mr. Cipperly, Mr. Kuhl, Mr. Henkel, Mr. Urrico, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt
A public hearing was advertised and held on Wednesday, July 20, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and
Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows:
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the
nearby properties be created by the granting of the requested sign variance? None, as we are basically
replacing what was there with the previous owner.
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than a sign variance? No, he needs the signs for his business.
3. Is the requested sign variance substantial? Not really. Again, it's replacing the previous owner's
approved signs.
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighborhood or district? No, it won't. The signs are needed to direct the customers in and out
of two major roads.
5. Is the alleged difficulty self-created? I guess we could say it is, but they need it for business.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance
would outweigh (approval) the resulting detriment to the health, safety and welfare of the
neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
Adherence to the items outlined in the follow-up letter sent with this resolution.
(ZBA Board Member does not need to read the followingA through E):
A. The variance approval is valid for one (1) year from the date of approval; you may request an
extension of approval before the one (1) year time frame expires;
B. 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 until the
APA's review is completed;
C. Final approved plans in compliance with an approved variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building & codes
personnel'
D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final
plans;
E. Upon approval of the application; review and approval of final plans by the Community Development
Department the applicant can apply for a sign permit unless the proposed project requires review,
approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George
Park Commission or other State agency or department.
Based on the above findings I make a MOTION TO APPROVE Sign Variance 4-2022, Tidal Wave
Auto Spa, Introduced by Ronald Kuhl, who moved for its adoption, seconded by Michael McCabe:
Duly adopted this 201h Day of July 2022, by the following vote:
AYES: Mr. Cipperly, Mr. Kuhl, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt