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Staff NotesStaff Notes June 21, 2023 Administrative Items: Approval of Meeting Minutes for May 17, 2023 Request to Table AV 3-2023 (Rypkema) to July 19, 2023 Request to Table AV 4-2023 (Eberlein) to July 19.2023 Request for Extension of 1 year for Area Variance 23-2022 (Tyler Converse) Tabled Items: AV 15-2023 Alisha & Michael Griffey New Business: AV 18-2023 Roaring Brook LLC (Michael Ferri) AV 19-2023 Chris Carte AV 20-2023 William Levett AV 21-2023 Great Escape Theme Park LLC AV 22-2023 Bay Road Self Storage LLC AV 23-2023 Sean Palladino & Sarah Lockhart -Palladino Queensbury Zoning Board of Appeals Agenda Meeting: June 21, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for May 17, 2023 Request to Table AV 3-2023 (Rypkema) to July 19, 2023 Request to Table AV 4-2023 (Eberlein) to July 19, 2023 Request for Extension of 1 year for Area Variance 23-2022 (Tyler Converse) TABLED ITEMS: Applicant(s) Alisha & Michael Griffey Area Variance Number AV 15-2023 Owner(s) Alisha & Michael Griffey SEQRA Type Type II Age ts Brandon Ferguson EDP Lot Size 2.79 ac Location & Ward 26 Tall Timbers Road Ward 1 Zoning WR Tax Id No 239.16-1-23 & 24 Section 179-3-040; 147; 179-5-020; 179- 13-010;179-4-010 Cross Ref SP 30-2023; SP 66-2022 Warren County Planning Aril 2023 Public Hearing Aril 19, 2023; June 21, 2023 Adirondack Park Agency ALD Proiect Description: (Revised) Applicant proposes a 2-story addition to the main home and to convert an existing garage to a rec room. The existing main home footprint is 1,540 sq. ft. and has a floor area of 3,560 sq. ft. The new rec room is to be 673 sq. ft. footprint and floor area. The site has an existing guest cottage of 485 sq. ft. footprint that is to remain. The total new floor area is to be 7,707 sq. ft. Project includes new extension of the driveway area with clearing, permeable pavers on the shoreline side of the new addition, an upgraded septic system, planting plan and retaining wall in areas of the new additions. Site plan for new floor area, conversion of seasonal to year round and hard surfacing within 50 ft. of the shoreline. Relief is requested for main building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1 /3 floor area of main structure. NEW BUSINESS: Applicant(s) Roaring Brook LLC Michel Ferri Area Variance Number AV 18-2023 Owner(s) Roaring Brook LLC SEQRA Type Type II Age ts John M. Reilly, a.i.a. Lot Size 0.3 acres Location & Ward 740 Glen St. Ward 2 Zoning CI Tax Id No 302.6-1-52 Section 179-3-040 CI Cross Ref SP 41-2023 Warren County Planning June 2023 Public Hearing June 21, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes a fagade upgrade to an existing 2,201.83 sq. ft. building and new signage. The new fagade includes a false fagade for a portion of the building corner where the roofline would be up to 19.5 ft. in height. The remainder of the roofline would remain at the existing height of 14 ft. The fagade change would include a new wall sign of 30 sq. ft. and a new freestanding sign of 45 sq. ft. The fagade colors are similar to the previous building colors (browns for the building with red, white, and blue for the si na e. Site plan for fagade upgrades and preexisting shed. Relief is requested for setbacks. Applicant(s) Chris Carte Area Variance Number AV 19-2023 Owner(s) Chris Carte SEQRA Type Type II Agent(s) n/a Lot Size 4.52 acres Location & Ward 67 Boulderwood Drive Ward 1 Zoning RR-5A Tax Id No 266.1-2-42 Section 179-5-020 Cross Ref AV 24-2000 Warren County Planning June 2023 Public Hearing June 21, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 1,224 sq. ft. detached 2-bay garage on existing residential parcel. The existing home of 3,870 sq. ft. footprint is to remain with no changes. The existing home has an attached garage of 1,363 sq. ft. footprint and is consistent with the home. The new garage is to be 22 ft. in height and will allow for larger storage and lawn equipment. Relief is requested for a second garage and size of second garage. Queensbury Zoning Board of Appeals Agenda Meeting: June 21, 2023 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) William Levett Area Variance Number AV 20-2023 Owner(s) William Levett SEQRA Type Type II Age ts n/a Lot Size 0.26 acres Location & Ward 27 Sunset Lane Ward 1 Zoning WR Tax Id No 226.19-2-9 Section 179-3-040; 179-4-080 Cross Ref SP 43-2023; AV 30-1997 Warren County Planning June 2023 Public Hearing June 21, 2023 Adirondack Park Agency ALD Project Description: Applicant proposes to replace existing 900 sq. ft. deck with a 810 sq. ft. deck where a 270 sq. ft. portion of the deck will be a screened in porch. When the septic alteration occurred, a 12 x 12 (144 sq. ft.) portion of the deck was removed. The existing home of 1,112 sq. ft. footprint, a 563 sq. ft. garage, and a 120 sq. ft. shed are to remain with no changes. Site plan for new floor area in a CEA new screen porch). Relief is requested for setbacks and floor area. Applicant(s) Great Escape Theme Park LLC Area Variance Number AV 21-2023 Owner(s) Great Escape Theme Park LLC SEQRA Type Type II Agent(s) Brad Grant Lot Size 237.64 acres Location & Ward 1172 State Route 9 Ward 1 Zoning LC-42A Tax Id No 288.20-1-20 Section 179-3-040; Chapter 94 Cross Ref SP 44-2023; FWW 8-2023; AV 6-2022; SP 22- Warren County Planning June 2023 2022; SP 3-2022; FWW 1-2022; SP 3-2020; SP 3- 2019; SP 54-2019; SP 67-2019; SP 15-2018; SP 5- 2017; SP 28-2017 Public Hearing June 21, 2023 Adirondack Park Agency n/a Project Description: Applicant proposes to construct two pergolas attached to the existing 2,830 sq. ft. building. The front pergola is 490 sq. ft. and the rear pergola is 430 sq. ft. with the intent to provide shade for customers. The project area for the front is existing hard -surfacing and the rear pergola is a landscape mulch area; both areas are to have permeable pavers installed in areas of the pergola. Site plan for the new pergolas in the RC zone. Relief is requested for setbacks and permeability. Applicant(s) elf Storage, LLC Area Variance Number AV 22-2023 Owner(s) Kubricky John & Sons Inc. SEQRA Type Type II Agent(s) Environmental Design Partnership LLP Lot Size 6.78 ac (21); 2.55 ac (17); 0.17 ac 20 ; & 5.28 ac 24 Location & Ward 290 Bay Road Ward 2 Zoning CLI Tax Id No 302.8-1-21 & 302.8-2-17; 302.8-2-20 (Lot Section 179-3-040; Chapter 94 Line Adjustment); & 302.8-2-24 Cross Ref SP 45-2023; FWW 9-2023; AV 66-2018; SP 17- Warren County Planning June 2023 2002; SP 24-2002 Public Hearing June 21, 2023 Adirondack Park Agency n/a Protect Description: Applicant proposes to redevelop an existing industrial site with 11 new self -storage buildings for a total of 478 units. The building footprint total is 61,800 sq. ft. The site work includes access from Bay Road and connection with the existing access for the adjacent self -storage facility. The site will have parking areas, secondary curb cut, stormwater management, and landscaping. Some buildings are within the setbacks to the existing stream and wetlands — no work is proposed in the wetlands or stream. Project includes a lot line adjustment with 302.8-2-20 and lot merger of 307.8-2-17, 302.8-2-21, and 302.8-2-24. Site plan for new commercial use in the CLI zone, hard surfacing within 100 ft. of the wetland. Relief is requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: June 21, 2023 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) Sean Palladino & Sarah Lockhart -Palladino Area Variance Number AV 23-2023 Owner(s) Walter & Karen Lockhart SEQRA Type Type II A ent s Hutchins Engineering PLLC Lot Size 24.79 acres Location & Ward 1635 Bay Road Ward 1 Zoning SPLIT Tax Id No 265.-1-43 Section 179-19-020 Cross Ref SP 46-2023; SUB 4-2023; SUB 5-2023 Warren County Planning June 2023 Public Hearing June 21, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a two -lot subdivision of a 25.1 acre parcel. Lot 1 is to be 15.05 acres and will maintain the existing home accessory buildings with no other work for Lot 1 proposed. Lot 2 is to be 10.05 acres for the construction of a single- family home and associated site work. Site plan for Lot 2 construction of a single-family home. Relief is requested for lot width. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2023\June 21, 2023\ZBA Final Agenda June 21, 2023.docx Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bi m of Queensbuty Area Variance Resolution To: TABLE Applicant Name: Neil & Sandra Rypkema File Number: AV 3-2023 Location: 28 North Rd. Tax Map Number: 302.7-1-34 ZBA Meeting Date: January 18, 2023; May 17, 2023; June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Neil & Sandra Rypkema. Applicant proposes to construct two single family homes: Building A of 2,800 sq. ft. with an attached garage; and Building B of 1,200 sq. ft. and maintain an existing 1,200 sq. ft. garage on -site. The project work includes minimal clearing for the new homes and municipal connection for sewer and water. Relief is requested for two single family homes (not connected) on a parcel and for more than one garage on a parcel. MOTION TO TABLE AREA VARIANCE NO. 3-2023 NEIL & SANDRA RYPKEMA, Introduced by who moved for its adoption, seconded by Tabled to July 19, 2023, with new information due by Duly adopted this 2111 Day of June 2023 by the following vote: AYES: NOES: Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761- 8238 7bitm of C_ucensbuny Area Variance Resolution To: TABLE Applicant Name: Geraldine Eberlein File Number: AV 4-2023 Location: 12 Seelye Road North Tax Map Number: 227.17-1-25 ZBA Meeting Date: February 15, 2023; March 22, 2023; April 19, 2023; May 17, 2023; June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Geraldine Eberlein. (Revised) Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The project includes associated site work for a new permeable driveway, stormwater management, and shoreline landscaping; the project also includes installation of a new septic system on the adjoining property to east property line. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks, floor area, and permeability. MOTION TO TABLE AREA VARIANCE NO. 4-2023 GERALDINE EBERLEIN, Introduced by who moved for its adoption, seconded by Tabled to July 19, 2023 with new information due by Duly adopted this 21" Day of June 2023, by the following vote: AYES: NOES: Town of Queensbury Zoning Office IF 742 Bay Road, Queensbury, NY 12804 518-761-8238 TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION — GRANT EXTENSION REQUEST AREA VARIANCE 23-2022 Tyler Converse Tax Map ID: 308.6-1-51 & 308.6-1-52 Property Address: 3 April Lane / Zoning: MDR Applicant proposes a lot line adjustment between two existing lots. Parcel 51 will increase from 0.49 to 1.08 acres and Parcel 52 will be reduced by 0.59 acres. Parcel 51 will have an existing house with an attached garage totaling 3,008 sq. ft. and a detached garage of 3,515 sq. ft.; Parcel 52 will have 5 homes and associated outbuildings to remain. Relief is requested for size of detached garage, second garage, and setback for house. The Zoning Board of Appeals approved Area Variance 23-2022 on June 29, 2022. Applicant is requesting a one year extension. With this resolution the Zoning Board of Appeals grants a one year extension to June 28, 2024. MOTION TO APPROVE A ONE YEAR EXTENSION FOR AREA VARIANCE 23-2022, TYLER CONVERSE. Introduced by , who moved for its adoption; seconded by Extended to June 281h, 2024. Duly adopted this 21" Day of June 2023 by the following vote: I:yd= NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 15-2023 Project Applicant: Alisha & Michael Griffey Project Location: 26 Tall Timbers Road Parcel History: SP 30-2023; SP 66-2022 SEQR Type: Type II Meeting Date: June 21, 2023 Description of Proposed Project: (Revised) Applicant proposes a 2-story addition to the main home and to convert an existing garage to a rec room. The existing main home footprint is 1,540 sq. ft. and has a floor area of 3,560 sq. ft. The new rec room is to be 673 sq. ft. footprint and floor area. The site has an existing guest cottage of 485 sq. ft. footprint that is to remain. The total new floor area is to be 7,707 sq. ft. Project includes new extension of the driveway area with clearing, permeable pavers on the shoreline side of the new addition, an upgraded septic system, planting plan and retaining wall in areas of the new additions. Site plan for new floor area, conversion of seasonal to year round and hard surfacing within 50 ft. of the shoreline. Relief is requested for main building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure. Relief Required: The applicant requests relief for building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure; an addition to the existing home and upgrading a garage to a bunk house with an addition. The project is located at 26 Tall Timbers Drive on a 2.79 ac parcel in the Waterfront Residential zone. Section 179-3-040 dimensional, 179-4-010 1/3 expansion, 179-5-020 accessory structure, The main house addition is to be greater than 1/3 of the existing home relief is 1,848 sq ft, the main house is to be 31.52 ft in height where 28 ft is the maximum height for the main home. The rec room building is to be 18.5 ft where 16 ft is the maximum height for an accessory. The rec room building is to be 673 sq ft which exceeds the maximum allowed accessory structure limited to 500 sq ft. 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. 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 reduce the variances requested. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested for 1/3 expansion is 1,848 sq ft, main building height is 3.52 ft, rec room building size 660 sq ft (accessory structure existing is 1,000 sq ft and proposed is 1,160 sq ft), rec room building height is 2.59 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 on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant has revised the project for an addition to an existing home, the detached garage to be removed and replaced with a rec room building on the existing foundation, and the cabin to remain with no changes. The addition to the home will now include a bunk room on the second floor. The new floor area would be 7,707 sq ft. The plans show the floor plans and elevations show the arraignment for the main house and the rec room building. 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 Ibim of (tueensbuty Area Variance Resolution To: Approve / Disapprove Applicant Name: Alisha & Michael Griffey File Number: AV 15-2023 Location: 26 Tall Timbers Rd. Tax Map Number: 239.16-1-23 & 239.16-1-24 ZBA Meeting Date: April 19, 2023; June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Alisha & Michael Griffey. (Revised) Applicant proposes a 2-story addition to the main home and to convert an existing garage to a rec room. The existing main home footprint is 1,540 sq. ft. and has a floor area of 3,560 sq. ft. The new rec room is to be 673 sq. ft. footprint and floor area. The site has an existing guest cottage of 485 sq. ft. footprint that is to remain. The total new floor area is to be 7,707 sq. ft. Project includes new extension of the driveway area with clearing, permeable pavers on the shoreline side of the new addition, an upgraded septic system, planting plan and retaining wall in areas of the new additions. Site plan for new floor area, conversion of seasonal to year round and hard surfacing within 50 ft. of the shoreline. Relief is requested for main building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure. Relief Required: The applicant requests relief for building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure; an addition to the existing home and upgrading a garage to a bunk house with an addition. The project is located at 26 Tall Timbers Drive on a 2.79 ac parcel in the Waterfront Residential zone. Section 179-3-040 dimensional. 179-4-010 1/3 expansion. 179-5-020 accessory structure. The main house addition is to be greater than 1/3 of the existing home (relief is 1,848 sq. ft.), the main house is to be 31.52 ft. in height where 28 ft. is the maximum height for the main home. The rec room building is to be 18.5 ft. where 16 ft. is the maximum height for an accessory. The rec room building is to be 673 sq. ft. which exceeds the maximum allowed accessory structure limited to 500 sq. ft. SEQR Type II — no further review required; A public hearing was advertised and held on April 19, 2023 and June 21, 2023. 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: 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 re uest 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. 15-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 21" Day of June 2023 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 18-2023 Project Applicant: Roaring Brook LLC (Michael Ferri) Project Location: Parcel History: SEQR Type: Meeting Date: 740 Glen Street SP 41-2023 Type II June 21, 2023 Description of Proposed Project: Applicant proposes a facade upgrade to an existing 2,201.83 sq. ft. building and new signage. The new facade includes a false facade for a portion of the building corner where the roofline would be up to 19.5 ft. in height. The remainder of the roofline would remain at the existing height of 14 ft. The facade change would include a new wall sign of 30 sq. ft. and a new freestanding sign of 45 sq. ft. The facade colors are similar to the previous building colors (browns for the building with red, white, and blue for the signage). Site plan for facade upgrades and preexisting shed. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks. The project is located at 740 Glen Street in the Commercial Intensive zone on a 0.277 ac parcel. Section 179-3-040 dimensional The roof line area over the office is to be 30 ft from the front setback where 75 ft setback is required, and 14 ft from the north 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 may be considered limited due to the location of the existing building. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief for the front is 45 ft and the north property line is 16 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 on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant proposes an upgrade to the facade of the Valvoline Service store. The plans show the existing free standing sign to be located to a compliant location. The new facade would have a false roof line near the office area and updated brick and stone features of the building. The colors remain similar with light browns for the building and the sign and features would be red, white and blue. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of (ueensbuty Area Variance Resolution To: Approve / Disapprove Applicant Name: Roaring Brook LLC (Michael Ferri) File Number: AV 18-2023 Location: 740 Glen St. Tax Map Number: 302.6-1-52 ZBA Meeting Date: June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Roaring Brook LLC (Michael Ferri). Applicant proposes a fagade upgrade to an existing 2,201.83 sq. ft. building and new signage. The new fagade includes a false fagade for a portion of the building corner where the roofline would be up to 19.5 ft. in height. The remainder of the roofline would remain at the existing height of 14 ft. The fagade change would include a new wall sign of 30 sq. ft. and a new freestanding sign of 45 sq. ft. The fagade colors are similar to the previous building colors (browns for the building with red, white, and blue for the signage). Site plan for fagade upgrades and preexisting shed. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks. The project is located at 740 Glen Street in the Commercial Intensive zone on a 0.277 ac parcel. Section 179-3-040 dimensional The roof line area over the office is to be 30 ft. from the front setback where 75 ft. setback is required, and 14 ft. from the north property line where a 30 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on June 21, 2023. 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. 18-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 21St Day of June 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 19-2023 Project Applicant: Chris Carte Project Location: Parcel History: SEQR Type: Meeting Date: 67 Boulderwood Drive AV 24-2000 Type II June 21, 2023 Description of Proposed Project: Applicant proposes a 1,224 sq. ft. detached 2-bay garage on existing residential parcel. The existing home of 3,870 sq. ft. footprint is to remain with no changes. The existing home has an attached garage of 1,363 sq. ft. footprint and is consistent with the home. The new garage is to be 22 ft. in height and will allow for larger storage and lawn equipment. Relief is requested for a second garage and size of second garage. Relief Required: The applicant requests relief for a second garage and size of second garage. The property is located in the RR5 Acre zone/ Grant Acres subdivision. The property is 4.52 ac. Section 179-5-020 garage The applicant proposes a detached 1,224 sq ft second garage. The maximum allowed size for lots less than 5 ac is 1,100 sq ft and only one garage is allowed. 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. The project may be considered to have little to no impact on the neighboring properties. 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. The feasible alternatives may be to reduce the size of the garage. The applicant has indicated an addition to the existing garage would not be feasible. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code where only 1 garage is permitted. The garage size relief is 124 sq 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 as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. S. Whether the alleged difficulty was self created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a detached 1,224 sq ft garage. The garage is to be used for lawn equipment and other items. The plans show the proposed location and the garage. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 f,. 'rows of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Chris Carte File Number: AV 19-2023 Location: 67 Boulderwood Dr. Tax Map Number: 266.1-2-42 ZBA Meeting Date: June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Chris Carte. Applicant proposes a 1,224 sq. ft. detached 2-bay garage on existing residential parcel. The existing home of 3,870 sq. ft. footprint is to remain with no changes. The existing home has an attached garage of 1,363 sq. ft. footprint and is consistent with the home. The new garage is to be 22 ft. in height and will allow for larger storage and lawn equipment. Relief is requested for a second garage and size of second garage. Relief Required: The applicant requests relief for a second garage and size of second garage. The property is located in the RR5 Acre zone/ Grant Acres subdivision. The property is 4.52 ac. Section 179-5-020 garage The applicant proposes a detached 1,224 sq. ft. second garage. The maximum allowed size for lots less than 5 ac is 1,100 sq. ft. and only one garage is allowed. SEQR Type II — no further review required; A public hearing was advertised and held on June 21, 2023. 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. 19-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 211t Day of June 2023 by the following vote: WUM NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 20-2023 Project Applicant: William Levett Project Location: 27 Sunset Lane Parcel History: SP 43-2023; AV 30-1997 SEQR Type: Type II Meeting Date: June 21, 2023 Description of Proposed Project: Applicant proposes to replace existing 900 sq. ft. deck with an 810 sq. ft. deck where a 270 sq. ft. portion of the deck will be a screened in porch. When the septic alteration occurred, a 12 x 12 (144 sq. ft.) portion of the deck was removed. The existing home of 1,112 sq. ft. footprint, a 563 sq. ft. garage, and a 120 sq. ft. shed are to remain with no changes. Site plan for new floor area in a CEA (new screen porch). Relief is requested for setbacks and floor area. Relief Required] - The applicant requests relief for setbacks and floor area for the deck and covered porch section. The property is located within the Waterfront Residential zone on a 0.26 acre parcel Section 179-3-040 WR and 179-4-080 deck The deck is to be 19.7 ft. with steps 16 ft. to the front where 30 ft. setback is required. Floor area proposed is 2882 sq. ft. and allowed is 2,464 sq. ft. 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 existing deck location and size of the lot. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 14 ft to the deck and 10.3 to the steps. Relief for floor area is 418 sq ft over the allowed. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered not self-created. The subdivision did not address this particular lot at the time of subdivision. Staff comments• The applicant proposes to update an existing attached deck and to construct a covered porch section. The plans show the existing home with a photo of the existing deck. The plans show the new deck will infill sections and then a covered section is to be added. Record of Resolution Zoning Board of Appeals — Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 r 'I'o��7a of Qucenstaur} Area Variance Resolution To: Approve / Disapprove Applicant Name: William Levett File Number: AV 20-2023 Location: 27 Sunset Lane Tax Map Number: 226.19-2-9 ZBA Meeting Date: June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from William Levett. Applicant proposes to replace existing 900 sq. ft. deck with an 810 sq. ft. deck where a 270 sq. ft. portion of the deck will be a screened in porch. When the septic alteration occurred, a 12 x 12 (144 sq. ft.) portion of the deck was removed. The existing home of 1,112 sq. ft. footprint, a 563 sq. ft. garage, and a 120 sq. ft. shed are to remain with no changes. Site plan for new floor area in a CEA (new screen porch). Relief is requested for setbacks and floor area. Relief Required: The applicant requests relief for setbacks and floor area for the deck and covered porch section. The property is located within the Waterfront Residential zone on a 0.26 acre parcel Section 179-3-040 WR and 179-4-080 deck The deck is to be 19.7 ft. with steps 16 ft. to the front where 30 ft. setback is required. Floor area proposed is 2882 sq. ft. and allowed is 2,464 sq. ft. SEQR Type II — no further review required; A public hearing was advertised and held on June 21, 2023. 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.20-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 21St Day of June 2023 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2023 Project Applicant: Great Escape Theme Park, LLC. Project Location: 1172 State Route 9 Parcel History: SP 44-2023; FWW 8-2023; AV 6-2022; SP 22-2022; SP 3-2022; FWW 1-2022; SP 3- 2020; SP 3-2019; SP 54-2019; SP 67-2019; SP 15-2018; SP 5-2017; SP 28-2017 SEQR Type: Type II Meeting Date: June 21, 2023 Description of Proposed Project: Applicant proposes to construct two pergolas attached to the existing 2,830 sq. ft. building. The front pergola is 490 sq. ft. and the rear pergola is 430 sq. ft. with the intent to provide shade for customers. The project area for the front is existing hard -surfacing and the rear pergola is a landscape mulch area; the rear area pergola is to have permeable pavers installed. Site plan for the new pergolas in the RC zone. Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability. The building #62 is on a 238 ac parcel in the Recreation Commercial Zone RC. Section 179-3-040 RC dimensional, Chapter 94 Wetland dimensional The front pergola is to be 16.5 ft. from the front where a 75 ft. setback is required. The rear pergola is 66.8 ft. from the front setback where a 75 ft. setback is required and is located 32.5 ft. from the shoreline. Permeability for project area work defined as 3,754 sq. ft. where 100% to be impermeable where 30% 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. The feasible alternatives may be limited due to the location of the existing building, surrounding buildings and the site conditions. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief requested for front pergola front setback of 58.5 ft., rear pergola front setback is 8.2 ft. The relief for the rear pergola wetland setback is 42.5 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 as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to construct two pergolas to existing structure to provide shade for customers. The plans show the location of the pergola locations. The plans show elevation views of how the new pergola and existing building floor plan ticket area for customers. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Toi�7� of Queen Area Variance Resolution To: Approve / Disapprove Applicant Name: Great Escape Theme Park LLC File Number: AV 21-2023 Location: 1172 State Route 9 Tax Map Number: 288.20-1-20 ZBA Meeting Date: June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Great Escape Theme Park LLC. Applicant proposes to construct two pergolas attached to the existing 2,830 sq. ft. building. The front pergola is 490 sq. ft. and the rear pergola is 430 sq. ft. with the intent to provide shade for customers. The project area for the front is existing hard -surfacing and the rear pergola is a landscape mulch area; the rear area pergola is to have permeable pavers installed. Site plan for the new pergolas in the RC zone. Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability. The building #62 is on a 238 ac parcel in the Recreation Commercial Zone RC. Section 179-3-040 RC dimensional, Chapter 94 Wetland dimensional The front pergola is to be 16.5 ft. from the front where a 75 ft. setback is required. The rear pergola is 66.8 ft. from the front setback where a 75 ft. setback is required and is located 32.5 ft. from the shoreline. Permeability for project area work defined as 3,754 sq. ft. where 100% to be impermeable where 30% is required. SEQR Type II — no further review required; A public hearing was advertised and held on June 21, 2023. 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.21-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 21" Day of June 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 22-2023 Project Applicant: Bay Road Self Storage, LLC. Project Location: 290 Bay Road Parcel History: SP 45-2023; FWW 9-2023; AV 66-2018; SP 17-2002; SP 24-2002 SEAR Type: Type II Meeting Date: June 21, 2023 Description of Proposed Project] - Applicant proposes to redevelop an existing industrial site with 11 new self -storage buildings for a total of 478 units. The building footprint total is 61,800 sq. ft. The site work includes access from Bay Road and connection with the existing access for the adjacent self -storage facility. The site will have parking areas, secondary curb cut, stormwater management, and landscaping. Some buildings are within the setbacks to the existing stream and wetlands — no work is proposed in the wetlands or stream. Project includes a lot line adjustment with 302.8- 2-20 and lot merger of 307.8-2-17, 302.8-2-21, and 302.8-2-24. Site plan for new commercial use in the CLI zone, hard surfacing within 100 ft. of the wetland. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of storage building. The project is located on a 9.18 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 CLI dimensional & Chapter 140 Wetlands dimensional Building 10 of 6,300 sq. ft. for 50 units is located 65 ft. from the wetland 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 considered to relocate the building. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. The relief is for 10 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 impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has provided plans for the construction of 11 self -storage buildings. There are to be 478 units for this Phase II where in Phase I there were 9 buildings constructed for 365 units. Buildings 10-13 are 6,300 sq ft, Building 14 is 3,300 sq ft, Building 15 is 6,600 sq ft, Building 16 is 6,000 sq ft, Building 17 is 1,200 sq ft, Building 18&19 is 6,600 sq ft, Building 20 6,300 sq ft. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ftF/cl Dim of Qicensbmy Area Variance Resolution To: Approve / Disapprove Applicant Name: Bay Road Self Storage LLC File Number: AV 22-2023 Location: 290 Bay Rd. Tax Map Number: 302.8-2-17; 302.8-2-20 (Lot Line Adjustment); 302.8-1-21; & 302.8-2-24 ZBA Meeting Date: June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Bay Road Self Storage LLC. Applicant proposes to redevelop an existing industrial site with 11 new self -storage buildings for a total of 478 units. The building footprint total is 61,800 sq. ft. The site work includes access from Bay Road and connection with the existing access for the adjacent self -storage facility. The site will have parking areas, secondary curb cut, stormwater management, and landscaping. Some buildings are within the setbacks to the existing stream and wetlands — no work is proposed in the wetlands or stream. Project includes a lot line adjustment with 302.8-2-20 and lot merger of 307.8-2-17, 302.8-2-21, and 302.8-2-24. Site plan for new commercial use in the CLI zone, hard surfacing within 100 ft. of the wetland. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of storage building. The project is located on a 9.18 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 CLI dimensional & Chapter 140 Wetlands dimensional Building 10 of 6,300 sq. ft. for 50 units is located 65 ft. from the wetland where a 75 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on June 21, 2023. 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 (Uproval) / 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.22-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 21s' Day of June 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 23-2023 Project Applicant: Sean Palladino & Sarah Lockhart Palladino Project Location: 1635 Bay Road Parcel History: SP 46-2023; SUB 4-2023; SUB 5-2023 SEQR Type: Type II Meeting Date: June 21, 2023 Description of Proposed Project: Applicant proposes a two -lot subdivision of a 25.1 acre parcel. Lot 1 is to be 15.05 acres and will maintain the existing home accessory buildings with no other work for Lot 1 proposed. Lot 2 is to be 10.05 acres for the construction of a single-family home and associated site work. Site plan for Lot 2 construction of a single- family home. Relief is requested for lot width. Relief Required: The applicant requests relief for lot width for a two- lot subdivision. Project occurs on a proposed 15.05 ac parcel & a proposed parcel of 10.05 ac. The parcel is split zone of Land Conservation 10 acres with the relief for lot width in the Rural Residential 3 acres zone. Section 179-3-040 RR zone lot width The lots do not meet the required lot width average. Lot 1 will have an average lot width of 618.1 ft. and Lot 2 proposes 400 ft. where 800 ft. lot width 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 character 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 the lot shape. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief for lot width for lot 1 is 181.9 ft and lot 2 is 400 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 impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a two -lot subdivision. Where Lot 1 will maintain an existing home and Lot 2 will be used for the construction of a new home. The plans show lot width calculation for the subdivision. The plans also include the plans and site development of lot 2. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of (tycensbur), Area Variance Resolution To: Approve / Disapprove Applicant Name: Sean Palladino & Sarah Lockhart -Palladino File Number: AV 23-2023 Location: 1635 Bay Rd. Tax Map Number: 265.-1-43 ZBA Meeting Date: June 21, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Sean Palladino & Sarah Lockhart -Palladino. Applicant proposes a two -lot subdivision of a 25.1 acre parcel. Lot 1 is to be 15.05 acres and will maintain the existing home accessory buildings with no other work for Lot 1 proposed. Lot 2 is to be 10.05 acres for the construction of a single-family home and associated site work. Site plan for Lot 2 construction of a single-family home. Relief is requested for lot width. Relief Required: The applicant requests relief for lot width for a two- lot subdivision. Project occurs on a proposed 15.05 ac parcel & a proposed parcel of 10.05 ac. The parcel is split zone of Land Conservation 10 acres with the relief for lot width in the Rural Residential 3 acres zone. Section 179-3-040 RR zone lot width The lots do not meet the required lot width average. Lot 1 will have an average lot width of 618.1 ft. and Lot 2 proposes 400 ft. where 800 ft. lot width is required. SEQR Type II — no further review required; A public hearing was advertised and held on June 21, 2023. 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 by 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.23-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 2111 Day of June 2023 by the following vote: AYES: NOES: