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Resolution 11.16.22 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Area Variance Resolution To: Approve Applicant Name: Steve & Tracey Bureau File Number: AV 59-2022 Location: 5 Chestnut Rd. Tax Map Number: 289.13-1-7 ZBA Meeting Date: November 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Steve & Tracey Bureau. Applicant has constructed a 45 sq. ft. mudroom addition and 22.1 sq. ft closet area to an existing home. The home has a floor area of 1,338 sq. ft. and a footprint of 1,110 sq. ft. with deck/porch of 463 sq. ft. In addition, the applicant has removed a garage and replaced it with a 228 sq. ft. shed. Site plan for new floor area in a CEA and expansion of nonconforming structure. Relief is requested for setbacks and expansion of preexisting nonconforming structure. The applicant requests relief for construction of a mudroom, closet area addition, and placement of a shed that includes setbacks and expansion of preexisting nonconforming structure. The project site is 0.19 ac in the WR zone. Section 179-3-040 dimension and 179-5-020 accessory The shed is located 17.0 ft. from front property line where 30 ft. is required, closet area is 8.5 ft. where 15 ft. is required. SEQR Type II – no further review required; A public hearing was advertised and held on November 16, 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. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because it’s been a fully improved property with a new septic system. 2. Feasible alternatives have been considered by the Board. What they’ve done is deemed to be reasonable to minimize any kind of request. 3. The requested variance is not substantial. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. Relief Required: 5. The alleged difficulty is self-created, but it’s self-created by the fact of the small size of the parcel the property is located on. 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: a) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 59- 2022, Introduced by James Underwood, who moved for its adoption, seconded by Ronald Kuhl: Duly adopted this 16th Day of November 2022 by the following vote: AYES: Mr. Cipperly, Mr. Keenan, Mr. Kuhl, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. McDevitt