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Minutes AV 62-2022 11.30.22(Queensbury ZBA Meeting 11/30/2022) 1 AREA VARIANCE NO. 62-2022 SEQRA TYPE TYPE II DAVID & PENNY KOVACS OWNER(S) DAVID & PENNY KOVACS ZONING RR-3A LOCATION 20 FOX ROAD 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. WARREN COUNTY PLANNING NOVEMBER 2022 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.49 ACRES TAX MAP NO. 266.1-1-52 SECTION 179-4-080 DAVID & PENNY KOVACS, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 62-2022, David & Penny Kovacs, Meeting Date: November 30, 2022 “Project Location: 20 Fox Road 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. 5. 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.” MR. MC CABE-Do you have anything to add? MR. KOVAC-No, I’m David and my wife Penny Kovacs. We built this house in 2006, as I stated in the letter. At the time we were living in New Jersey and it was quite some time before we were able to move into the house. So we would come up on weekends and we would contract with people that we needed to do the work, mainly putting in a fence and then building this deck. The fella that built the deck assured us that he would seek all the permits, whatever was necessary. Of course we came up on weekends while the house was, looking it over, and there was a deck on the house and not knowing the requirement of a permit at the time, we had never built a house before. This was our first stab at this. So this is basically what happened. This Adirondack Fence installed, they installed the fence. We have a dog that was somewhat of a wild child. So out of respect for our neighbors we didn’t want him going all over the neighborhood and we had the deck built by him also. We’ve taken the deck down. It was never to our liking and even our current builder who would built the deck if approved, even laughed when he saw it. (Queensbury ZBA Meeting 11/30/2022) 2 He thought maybe this guy bought the materials at a closeout, but anyway, that’s where we’re at. The deck is gone. All we have is just a makeshift staircase to get down right now. MR. MC CABE-So do we have questions of the applicant? MR. HENKEL-So the deck’s going to be what size? That’s the existing deck that was there before is a 12 by 25? Is that what? MR. KOVACS-No, the deck that was there was less than 10 feet square, 10 by 10 approximately. MRS. KOVACS-And we’re building the new deck going out the length of the house. It’s not going back further to the property line. MR. HENKEL-And what’s the size again? MR. KOVACS-Three hundred and fifteen square feet. It actually projects out 12 and a half feet according to the plans that were supplied, and the overall gain is going to be in the length rather than the projection outward from the house. MR. HENKEL-Okay, so you saying it’s supposed to be 14.6 wide by 25? MR. KOVACS-It’ll be 25 feet long but 12 and a half feet out from the house. MR. HENKEL-Okay. Thank you. MR. MC CABE-Other questions? So seeing none, a public hearing has been advertised. So at this particular time I’d like to open the public hearing and seek input from the audience. Do you have anything you’d like to add? Do we have anything written, Roy? PUBLIC HEARING OPENED MR. URRICO-There is one letter. “In regards to the below request for a variance to build a larger deck in their backyard, we approve. We have no objections as their neighbor. sharing a property line, to the request below. We support their request to build their deck.” And that’s Peter and Lorraine Lewin, 12 Fox Road” MR. MC CABE-So at this particular time, I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I’m going to poll the Board, and I’m going to start with Bob. MR. KEENAN-I have no problems. It sounds like it will be in the footprint of the old deck. MR. MC CABE-Dick? MR. CIPPERLY-I guess it is the way it is. The house got put there in 2006. Somebody built a small deck on the back and you’re actually just enlarging on that footprint somewhat, and it’s not far to the back and the neighbors to the back haven’t taken the opportunity to object to it, I have no objections to this. MR. MC CABE-Jim? MR. UNDERWOOD-The new replacement will be much more to your liking so I’m all for it. MR. MC CABE-John? MR. HENKEL-There’s no doubt it’s a tough lot, especially the way the house was built that close to the property line in the back, and if the neighbors in the back don’t have any problem with it, I have no problem with it. MR. MC CABE-Roy? MR. URRICO-I’m in favor of the application. MR. MC CABE-And I, too, support the application. It’s actually a pretty easy request here. So given that, I’m going to make a motion that we approve. I’m going to point out that the Draft provided by Staff has a slight error. It says that the application was received from Nancy Nicholson. It was actually received from David & Penny Kovacs. (Queensbury ZBA Meeting 11/30/2022) 3 The Zoning Board of Appeals of the Town of Queensbury has received an application from David & Penny Kovacs. 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: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because the new deck will certainly be an improvement upon the old deck that was there. 2. Feasible alternatives have been considered by the Board but are not really possible. They won’t meet the needs of the applicant. 3. The requested variance is not substantial because essentially, it’s replacing a deck that was there. There’s not much that’s new. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district because it’s a replacement deck. 5. The alleged difficulty I guess is considered self-created because we could just have no deck at all. 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. 62-2022 DAVID & PENNY KOVACS, Introduced by Michael McCabe, who moved for its adoption, seconded by John Henkel: Duly adopted this 30th Day of November 2022 by the following vote: AYES: Mr. Urrico, Mr. Cipperly, Mr. Underwood, Mr. Keenan, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl, Mr. McDevitt MR. MC CABE-Congratulations, you have a project. MR. KOVACS-I have a question. Being this is our first time around, we’ve never gone through this process. This will be the first house we’ve ever built. MR. MC CABE-Well it wasn’t a hard project. MR. KOVACS-No, it wasn’t, and I appreciate your consideration, but what’s the next step? I mean, can I go ahead and notify my builder? (Queensbury ZBA Meeting 11/30/2022) 4 MR. MC CABE-You’ll talk to Laura there and she’ll explain everything. MR. KOVACS-Great. MRS. MOORE-So we’ll chat tomorrow. MR. KOVACS-Okay. Wonderful. MRS. KOVACS-Thank you. MR. KOVACS-Thank you, gentlemen.