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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No. 64-2014 Project Applicant: William Gedney Project Location: 33 Sullivan Road Meeting Date: September 11,2014 of Applicant proposes construction of a 1,080 sq. ft. detached garage at a height of 25 feet 6 inches. Parcels are in the process of being combined. Relief • 'airedt Parcel will require area variances as follows: Relief is requested for the construction of garage that does not meet the setback requirements. Section 179-5-020 Accessory structure—garage. CORNER LOT Front(WR) Rear(WR)west Height(WR) Sullivan Place Required 30 ft. 30 ft. 28 ft. max Proposed 5 ft. 25 ft. 25.6 ft. Relief 25 ft. 5 ft. 2.4 ft. Criteria for comiktiling mare Variants according to Chapter 267 of Town Lawt I 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. Feasible alternatives may be considered limited due to the width of the parcel at 60 ft. and the requirements for a corner lot setbacks, as well as height in the WR zone. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. 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 limited or no impact on the environment of the neighborhood. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. IParcel History(asalorhlte pladvariance,etc.):I BP 88-915: Single Family dwelling Staff comments: The applicant proposes to construct a 1,080 sq. ft. detached garage to be 25.6 ft in height. The structure does not meet the required setbacks for a corner lot and does not meet the height requirement of the waterfront residential zone. The applicant has indicated that garage will be used for vehicles that currently stored offsite. The height of the garage is needed as the applicant has indicated for storage of items not able to store in the home. The applicant has explained work being completed to clean up the property including working with the neighbor. The plans show the location of the garage, elevation and information about a shed to be relocated. The survey identifies the required setbacks for the corner lot where a 30 R. setback is required for each front and the parcel is only 60 ft. wide. :1 q . TyPe 11 Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoskl, Chairman Roy Urrico, Secretary TO: William G.Gedney PROJECT FOR: William G. Gedney 33 Sullivan Road 33 Sullivan Road Queensbury, NY 12804 Area Variance No. 64-2014 SBA Meeting Date: Thursday, September 11, 2014 RESOLUTION TO:--,Area Variance No. 64-2014,William G. Gedney,33 Sullivan Road,Tax Map Numbers 269.9-1-23 and 22 The Zoning Board of Appeals of the Town of Queensbury has received an application from William G. Gedney for a variance from Section(s): 179.4.030; 179.5-020 of the Zoning Code of The Town of Queensbury. Applicant proposes construction of a 1,050 sq.ft.detached garage at a height of 25 ft. 6 In. Parcels are In the process of being combined. Relief requested from minimum front and rear yard setback requirements. Also,relief requested from maximum Might restrictions for an accessory structure In the WR zoning district. SEAR Type II-no further review required; A public hearing was advertised and held on Thursday, September 11,2014; 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 area variance? 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue,other than an area variance? 3. Is the requested area variance substantial? 4. Will the proposed area variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. Is the alleged difficulty self-created? 6. In addition the Board finds that the benefit to the applicant from granting the requested variance 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; Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary(such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution(continued) ZBA Meeting Date: Thursday,September 11, 2014 Area Variance Application No.64-2014,William Gedney Based on the above findings I make a MOTION TO-Area Variance No. 64-2014,WILLIAM GEDNEY, Introduced by .who moved for its adoption,seconded by As per the resolution prepared by staff with the following: C. 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; D. 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; E. Subsequent issuance of further permits, including building permits are dependent on receipt of these final plans; F. Upon approval of the application;review and approval of final plans by the Community Development Department the applicant can apply for a building 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. Duly adopted this 11th day of September 2014,by the following vote: AYES: NOES: Steven Jackoski,Chairman Queensbury Zoning Board of Appeals SJ/sh cc: George W.Gedney Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.)