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Staff NotesStaff Notes November 30, 2022 Tabled Items: NOA 1-2022 Starr Mowery AV 60-2022 Loreen Harvey (Kasselman Solar LLC) New Business: AV 57-2022 Russell Thomas AV 5 8-2022 Cynthia Arberger AV 61-2022 Nancy Nicholson AV 62-2022 David & Penny Kovacs Queensbury Zoning Board of Appeals Agenda Meeting: November 30, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net TABLED ITEMS: Applicant(s) Starr Mowery Notice of Appeal No NOA 1-2022 Owner(s) CKT Enterprises, LLC SEQRA Type Type II Agent(s) Stefanie DiLallo Bitter Lot Size 0.33 acres Location & Ward 2 Glendale Dr. Ward 2 Zoning CI Tax Id No 302.7-1-24 Section 179-16-090 Cross Ref CC 0229-2022 Warren County Planning n/a Public Hearing September 28, 2022; October 26, 2022; November 30, 2022 Adirondack Park Agency n/a Project Description: Appellant is appealing the Zoning Administrator's determination regarding residential elements in the Commercial Intensive zone. Applicant(s) Loreen Harvey Kasselman Solar LLC Area Variance Number AV 60-2022 Owner(s) Rory Russell SEQRA Type Type II Age ts Loreen Harvey Lot Size 6.1 acres Location & Ward 1516 Ridge Rd Ward 1 Zoning MDR Tax Id No 266.3-1-76.1 Section 179-5-140 Cross Ref SP 75-2022 Warren County Planning November 2022 Public Hearing November 16, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes a ground mounted solar project for 25.92 kw (54 panels) approximately 1,348 sq. ft. The existing home of 5,035 sq. ft. is to remain with no changes. The project will be located on the north property line where no vegetation is to be removed. Site plan for ground mounted solar project for residential use. Relief is requested for setbacks. NEW BUSINESS: Applicant(s) Russell Thomas Area Variance Number AV 57-2022 Owner(s) Russell Thomas SEQRA Type Type II Age ts n/a Lot Size 1.17 acres Location & Ward 23 Hi h oint Dr. Ward 1 Zoning MDR Tax Id No 296.5-1-17 Section 179-5-020 Cross Ref SP 17-2022; SUB 4-1992 Warren County Planning November 2022 Public Hearing November 30, 2022 Adirondack Park Agency n/a Proiect Description: Applicant requests to maintain 192 sq. ft. shed in current location. The existing home of 2,717 sq. ft. with porches to remain with no changes. The shed received a permit in 2006 for location different than current location. Relief is requested for setbacks. Applicant(s) Cynthia Arber er Area Variance Number AV 58-2022 Owner(s) Cynthia Arberger SEQRA Type Type II Age ts Van Dusen & Steves Lot Size 0.23 acres Location & Ward 26 Pine St. Ward 4 Zoning NR Tax Id No 309.14-1-30 Section 179-5-020; 179-3-040 Cross Ref AST 103-2022 Warren County Planning November 2022 Public Hearing November 30, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 312 sq. ft. detached garage. The existing home of 1,002 sq. ft. with porch/deck areas to remain with no changes. The existing shed is also to remain. Garage will be placed to align with the existing driveway area. The garage is to be 11 ft. in height and 12 ft. x 26 ft. Relief is requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: November 30, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Nancy Nicholson Area Variance Number AV 61-2022 Owner(s) Nancy Nicholson SEQRA Type Type 11 Age ts Terry Brown Lot Size 2.1 acres Location & Ward 382 Luzerne Rd. Ward 4 Zoning MDR Tax Id No 308.11-1-39.1 Section 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearing November 30, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 576 sq. ft. second garage on an existing 2.1 acre parcel. There are existing buildings on the property with restrictions. The proposed garage is to be closest to the house on the existing driveway area for better access during inclement weather. The garage to be 14 ft. in height not insulated. The existing home of 1,103 sq. ft. is to remain with existing buildings. Relief is requested for a second garage. Applicant(s) David & Penny Kovacs Area Variance Number AV 62-2022 Owner(s) David & Penny Kovacs SEQRA Type Type II Agent(s) n/a Lot Size 0.49 acres Location & Ward 20 Fox Road Ward 1 Zoning RR-3A Tax Id No 266.1-1-52 Section 179-4-080 Cross Ref n/a Warren County Planning November 2022 Public Hearing November 30, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes construction of a 315 sq. ft. deck to an existing home. The existing home of 2,500 sq. ft. remains and no changes are proposed. The applicant's home was constructed in 2006 and the as -built survey was provided. The lot is located in an approved 1970 subdivision SUB 1-1970 . Relief is requested for setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2022\November 30, 2022\ZBA Final Agenda November 30, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Notice of Appeal: 1-2022 Appellant: Starr Mowery Project Location: 2 Glendale Drive Meeting Date: November 30, 2022, Tabled 10/26/2022, Tabled 9/28/2022 Information Requested: Appellant is appealing the Zoning Administrator's determination regarding residential elements in the Commercial Intensive; (CI) zone. Staff Comments: First, Standing: Was the appeal taken within the appropriate 60 day time frame and is the appealing party aggrieved? The appeal was filed within the required timeframe? • The Notice of Appeal application was filed with the Town on August 8, 2022. The Zoning Administrator determined, on May 23, 2022 that the proposed revisions to the property at 2 Glendale constitute the addition of residential uses, thus requiring a Use Variance and Site Plan Review. At the request of the applicant or applicants' agent, the Zoning Administrator issued a clarification email of July 21, 2022 and it is that email that is the basis for the appellants claim that this appeal is timely. A determination that new residential uses are not allowable at 2 Glendale Drive can be traced to a December 13, 2017 letter from the Zoning Administrator to the appellant. • Appellant is the owner of 2 Glendale Drive. Second, Merits of the argument if the appellant is found to have standing: The issue at hand is that the Town is concerned that the spaces labeled as "office" also meet building code requirements for residential dwelling units and that such residential uses are not allowable in the CI district. The Zoning Administrator has requested that the appellant confirm/certify that the "office" spaces shown on the most recently revised plans will not be used for residential purposes. Use Variance 1-2018 was denied by the Zoning Board of Appeals and that project was to add 4 residential uses the building at 2 Glendale. The current "office" revision plan is to add 4 "office" spaces with kitchens, bathrooms and laundry facilities. It is the Zoning Administrator position that if the "office" spaces contain all components of a dwelling unit that they will be considered as dwelling units and, to that end, new residential dwelling units are not allowable in the CI district. The appellant's main argument appears to be that individual spaces with a kitchen, shower/tub and laundry facilities should be considered as commercial uses and thus allowable within the Cl district. No additional information has been provided as of 10/26/2022 and 11/30/2022. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7b►m of 0-11ewsbuiy Notice of Appeal Resolution To: Approve / Disapprove Appellant Name: Starr Mowery Notice of Appeal No. 1-2022 Tax Map No. 302.7-1-24 Property Location: 2 Glendale Dr. RESOLUTION TO: Approve , Disapprove Appeal No. 1-2022, Appellant Name Starr Mowery, regarding property owned by CKT Enterprises, LLC at 2 Glendale Drive, Tax Map No. 302.7-1-24; The Zoning Board of Appeals of the Town of Queensbury has received an application from Starr Mowery from Section(s): 179-16-090 of the Zoning Code of The Town of Queensbury in order to appeal the Zoning Administrator's determination decision regarding residential elements in the Commercial Intensive zone. SEQR Type II — no further review required; A public hearing was advertised and held on September 28, 2022, October 26, 2022, & November 30, 2022 Upon review of the application materials, information supplied during the public hearing, and upon consideration of the applicable criteria of the Queensbury Town Code and Chapter 267 of the NYS Town Law and after discussion and deliberation, we find as follows: 1. The Appeal was filed, was not filed within the required 60-day timeframe. 2. The Appealing Party is, is not aggrieved and were found to have, not have standing. 3. The merits of the argument as provided by the appellant with responses from the Zoning Administrator have been considered. It is our finding that the positions offered by the appellant are, are not sufficient to warrant overturning the Zoning Administrator's decision at hand. Based on the above findings I make a MOTION TO APPROVE / DENY Appeal No. 1-2022, STARR MOWERY, Introduced by , who moved for its adoption, seconded by Duly adopted this 301h Day of November 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 60-2022 Project Applicant: Loreen Harvey (Kasselman Solar LLC) Project Location: 1516 Ridge Road Parcel History: SP 75-2022 SEQR Type: Type II Meeting Date: November 16, 2022; November 30, 2022 Description of Proposed Project] - Applicant proposes a ground mounted solar project for 25.92 kw (54 panels) approximately 1,348 sq. ft. The existing home of 5,035 sq. ft. is to remain with no changes. The project will be located on the north property line where no vegetation is to be removed. Site plan for ground mounted solar project for residential use. Relief is requested for setbacks. Relief Required: The applicant requests relief for placement of ground mounted solar panels for setbacks. The project site is 6.10 acres located in the MDR zone Section 179-3-040 dimensional Section 179-5-140 renewable The ground mounted panel is to be 0 ft to the property line where a 75 ft setback is required. 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 to no 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. Feasible alternatives may be available to locate 75 ft from the property line where the parcel is 6.10 ac 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Where 75 ft of relief is requested. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project will have minimal to no adverse effects or impact on the physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes the installation of a ground mounted solar project that would be about 1,348 sq ft in size. The plans show the location to the far north property line adjacent to an existing tree line. The project includes connection of utilities to the existing home. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of tjucensbuly Area Variance Resolution To: Approve / Disapprove Applicant Name: Loreen Harvey (Kasselman Solar LLC) File Number: AV 60-2022 Location: 1516 Ridge Rd. Tax Map Number: 266.3-1-76.1 ZBA Meeting Date: November 16, 2022; November 30, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Loreen Harvey (Kasselman Solar LLC). Applicant proposes a ground mounted solar project for 25.92 kw (54 panels) approximately 1,348 sq. ft. The existing home of 5,035 sq. ft. is to remain with no changes. The project will be located on the north property line where no vegetation is to be removed. Site plan for ground mounted solar project for residential use. Relief is requested for setbacks. Relief Required: The applicant requests relief for placement of ground mounted solar panels for setbacks. The project site is 6.10 acres located in the MDR zone Section 179-3-040 dimensional Section 179-5-140 renewable The ground mounted panel is to be 0 ft to the property line where a 75 ft setback 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. _ The alleged difficulty is I is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 60-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 30' Day of November 2022 by the following vote: F.11M NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 57-2022 Project Applicant: Russell Thomas Project Location: 23 Highpoint Drive Parcel History: SP 17-2022, SUB 4-1993(23lots), SUB 4-1993Modification 2006 SEQR Type: Type II Meeting Date: November 30, 2022 Description of Proposed Project: Applicant requests to maintain 192 sq. ft. shed in current location. The existing home of 2,717 sq. ft. with porches to remain with no changes. The shed received a permit in 2006 for location different than current location. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an already installed shed. The parcel is 1.17 ac located in the MDR zone. Section 179-3-040, Section 179-5-020 accessory The applicant proposes the shed to be 1 ft. from the property line where a 10 ft. setback is required. 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. The project is within 1 ft of the adjoining property line. 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. Feasible alternatives may be considered to locate the shed to a compliant location. The shed has been moved recently to allow for a power connection. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial. Relief requested is 9 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant requests to maintain 192 sq ft shed one foot from the property line. The plans show previous building permit for the shed with elevations and original location to be 12 ft from the property line in 2006. The applicant was granted a survey waiver and as a condition may need to provide an as built survey of the shed location. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 TOWn of 2ycens Uty Area Variance Resolution To: Approve / Disapprove Applicant Name: Russell Thomas File Number: AV 57-2022 Location: 23 Highpoint Dr. Tax Map Number: 296.5-1-17 ZBA Meeting Date: November 30, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Russell Thomas. Applicant requests to maintain 192 sq. ft. shed in current location. The existing home of 2,717 sq. ft. with porches to remain with no changes. The shed received a permit in 2006 for location different than current location. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an already installed shed. The parcel is 1.17 ac located in the MDR zone. Section 179-3-040, Section 179-5-020 accessory The applicant proposes the shed to be 1 ft. from the property line where a 10 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 30, 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: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 57-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 3011 Day of November 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 58-2022 Project Applicant: Cynthia Arberger Project Location: Parcel History: SEQR Type: Meeting Date: 26 Pine Street AST 103-2022 Type II November 30, 2022 Description of Proposed Project: Applicant proposes a 312 sq. ft. detached garage. The existing home of 1,002 sq. ft. with porch/deck areas to remain with no changes. The existing shed is also to remain. Garage will be placed to align with the existing driveway area. The garage is to be 11 ft. in height and 12 ft. x 26 ft. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of a detached garage. The parcel is 0.23 ac and is located in the Neighborhood Residential zone. Section 179-3-040 NR dimensional, Section 179-5-020- garage The proposed 312 sq. ft. detached garage is to be located 2 ft. from the property line where a 10 ft. setback is required. 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 to no 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. Feasible alternatives may be considered limited due to the lot size, location of the existing home and existing driveway 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 8 ft from the side yard setback. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The applicant proposes no changes to the existing conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant requests to place a garage on the north side of the property to align with the existing driveway. The survey shows the proposed location of the garage along with plans for the garage structure. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Toi+m of CZuccnsbmy Area Variance Resolution To: Approve / Disapprove Applicant Name: Cynthia Arberger File Number: AV 58-2022 Location: 26 Pine St. Tax Map Number: 309.14-1-30 ZBA Meeting Date: November 30, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cynthia Arberger. Applicant proposes a 312 sq. ft. detached garage. The existing home of 1,002 sq. ft. with porch/deck areas to remain with no changes. The existing shed is also to remain. Garage will be placed to align with the existing driveway area. The garage is to be 11 ft. in height and 12 ft. x 26 ft. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of a detached garage. The parcel is 0.23 ac and is located in the Neighborhood Residential zone. Section 179-3-040 NR dimensional, Section 179-5-020- garage The proposed 312 sq. ft. detached garage is to be located 2 ft. from the property line where a 10 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 30, 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: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 58-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 3011 Day of November 2022 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 61-2022 Project Applicant: Nancy Nicholson Project Location: 382 Luzerne Road Parcel History: n/a SEAR Type: Type II Meeting Date: November 30, 2022 Description of Proposed Project: Applicant proposes a 576 sq. ft. second garage on an existing 2.1 acre parcel. There are existing buildings on the property with restrictions. The proposed garage is to be closest to the house on the existing driveway area for better access during inclement weather. The garage to be 14 ft. in height not insulated. The existing home of 1,103 sq. ft. is to remain with existing buildings. Relief is requested for a second garage. Relief Required: The applicant requests relief for a second garage. The parcel is 2.1 ac and is located in the MDR zone. Section 179-5-020- garage The applicant proposes a second garage so that it is located closer to the house for herself and aging parent to have safer access. 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 to no 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. Feasible alternatives may be limited due to orientation of the existing home, the location of the existing garage and the proposed location of the new garage. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief requested is for a second garage. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created. Staff comments: The applicant proposes a second garage to assist with access to a garage closer to the house. The applicant has indicated they need a safer means to get to their vehicles as the existing garage presents a problem in the winter when the ground freezes over with ice. The plans show the location of the new garage and the construction of the garage. The applicant was granted a survey waiver with no additional information required. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'Ibwn of Queensbui), Area Variance Resolution To: Approve / Disapprove Applicant Name: Nancy Nicholson File Number: AV 61-2022 Location: 382 Luzerne Rd. Tax Map Number: 308.11-1-39.1 ZBA Meeting Date: November 30, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Nancy Nicholson. Applicant proposes a 576 sq. ft. second garage on an existing 2.1 acre parcel. There are existing buildings on the property with restrictions. The proposed garage is to be closest to the house on the existing driveway area for better access during inclement weather. The garage to be 14 ft. in height not insulated. The existing home of 1,103 sq. ft. is to remain with existing buildings. Relief is requested for a second garage. Relief Required: The applicant requests relief for a second garage. The parcel is 2.1 ac and is located in the MDR zone. Section 179-5-020- garage The applicant proposes a second garage so that it is located closer to the house for herself and aging parent to have safer access. SEQR Type II — no further review required; A public hearing was advertised and held on November 30, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3 The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial 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) b) , c) 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 / DENY AREA VARIANCE NO. 61-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 30t' Day of November 2022 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 62-2022 Project Applicant: David & Penny Kovacs Project Location: Parcel History: SEQR Type: Meeting Date: 20 Fox Road n/a Type II November 30, 2022 Description of Proposed Project: Applicant proposes construction of a 315 sq. ft. deck to an existing home. The existing home of 2,500 sq. ft. remains and no changes are proposed. The applicant's home was constructed in 2006 and the as -built survey was provided. The lot is located in an approved 1970 subdivision (SUB 1-1970). Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks to construct a deck on the rear of the home. The parcel is 0.48 ac in the MDR zone. Section 179-4-080 deck The 315 sq. ft. deck is to be located 8.38 ft. from the rear property line where a 30 ft. setback is required. 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 to no 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. Feasible alternatives appear limited due to the existing house location where the house does not meet the required setback. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested is 21.62 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impacts on the physical or environmental conditions in the neighborhood may be anticipated. The applicant has indicated that a deck had been constructed previously that deteriorated and has been removed. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicants propose a 315 sq. ft. deck to the rear of the house. The plans show the location of the deck. The applicant was not aware of the setbacks when built and has all materials for the new deck stacked. The as -built indicates the setbacks were not identified in 2006 as being an issue. The applicant was granted a survey waiver with no additional requirements. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ro►sn of (uee«sh«ly, Area Variance Resolution To: Approve / Disapprove Applicant Name: David & Penny Kovacs File Number: AV 62-2022 Location: 20 Fox Rd. Tax Map Number: 266.1-1-52 ZBA Meeting Date: November 30, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Nancy Nicholson. Applicant proposes construction of a 315 sq. ft. deck to an existing home. The existing home of 2,500 sq. ft. remains and no changes are proposed. The applicant's home was constructed in 2006 and the as -built survey was provided. The lot is located in an approved 1970 subdivision (SUB 1-1970). Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks to construct a deck on the rear of the home. The parcel is 0.48 ac in the MDR zone. Section 179-4-080 deck The 315 sq. ft. deck is to be located 8.38 ft. from the rear property line where a 30 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 30, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweighapproval) / would be outweighed b (denial) 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) b) , c) 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 / DENY AREA VARIANCE NO. 62-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 30t' Day of November 2022 by the following vote: AYES: NOES: