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Staff NotesStaff Notes July 19, 2023 Administrative Item: Approval of Meeting Minutes for June 21, 2023 New Business: AV 24-2023 Strecks Inc. (Chip DeMaranville) SV 4-2023 Northstar Donut Group (Dunkin') AV 25-2023 John Dickinson AV 26-2023 Noreen Potvin Queensbury Zoning Board of Appeals Agenda Meeting: July 19, 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 June 21, 2023 NEW BUSINESS: Applicant(s) Strecks Inc. (Chip DeMaranville Area Variance Number AV 24-2023 Owner(s) Strecks Inc. SEQRA Type Type II Agent(s) Go Pro Inc. Sean Stumvoll Lot Size 17.77 acres Location & Ward 1904 Ridge Rd. Ward 1 Zoning RR-5A Tax Id No 253.3-1-32.12 Section 179-5-070 Cross Ref n/a Warren County Planning July 2023 Public Hearing July 19, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to install an automated entry fence at the driveway of an existing property. The highest point of the fence is about 11 ft. and the posts used for the installation are to be 14 ft. in height. The gate design appears to be a privacy fence at 19 ft. 11 'h inches wide. Relief is requested for height of fence and type of fence located in the front yard. Applicant(s) Northstar Donut Group Sin Variance Number SV 4-2023 Owner(s) Thomas Burke SEQRA Type Unlisted A ent s Jonathan C. Lapper, Esq. Lot Size 0.5 acres Location & Ward 22 Main Street Ward 4 Zoning MS Tax Id No 309.11-1-30 Section 140 Cross Ref SP 47-2023; AV 23-1998; AV 76-1997; SP 12-98 Warren County Planning July 2023 Public Hearing July 19, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to alter the existing signage and the building fagade for the existing building and site. The existing building of 2,003 sq. ft. is to remain. The existing wall sign is to be replaced with a 22 sq. ft. wall sign with the word "Dunkin"', and a new 15 sq. ft. wall sign is to be installed with wording "Queensbury Dunkin' (with logo)". The freestanding sign is to be refurbished to 32 sq. ft. sign with wording "Dunkin' Drive Thru". Directional signage of 3.14 sq. ft. at each access point for entering and exiting (4 signs total). Additional signage to be included above the height check arm indicating "Drive thru". The menu board to be replaced with a 19.98 sq. ft. digital board as an additional freestanding sign. The project includes the replacement of the sloped canopies to flat canopies over the entrance and drive thru window and a new canopy over the digital board menu. Site plan review for new signs and new canopies in the Main Street zone. Relief is requested for number of signs, lighting of signs, and material of signs. Applicant(s) John Dickinson Area Variance Number AV 25-2023 Owner(s) Lorraine W. Dickinson Trust SEQRA Type Type II A ent s Hutchins Engineering PLLC Lot Size 0.3 acres Location & Ward 113 Rockhurst Rd. Ward 1 Zoning WR Tax Id No 227.9-1-7 Section 179-3-040 Cross Ref SP 49-2023 Warren County Planning July 2023 Public Hearing July 19, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 57 sq. ft. single story addition to an existing home where a 20 ft. concrete pad is to be removed in the area of the addition. The home has a footprint of 2,277 sq. ft. and floor area of 2,622 sq. ft. The addition has a floor area of 57 sq. ft., and the new total floor area is to be 2,679 sq. ft. The project includes a slight increase in permeability and existing shoreline vegetation is to remain. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: July 19, 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) Noreen Potvin Area Variance Number AV 26-2023 Owner(s) Noreen Potvin SEQRA Type Type II Age ts Van Dusen and Steves Lot Size 0.48 acres Location & Ward 21 Twicwood Lane Ward 1 Zoning MDR Tax Id No 296.9-1-45 Section 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearing July 19, 2023 Adirondack Park Agency n/a Project Description: Applicant proposes to install a pool on their property that is a corner lot. The pool location would be considered a front yard. The existing home of 2,801 sq. ft. would remain with no changes. The pool is to be located on the northeast side and is about 512 s . ft. Relief is requested for pool location. 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\July 19, 2023\ZBA Final Agenda July 19, 2023.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 24-2023 Project Applicant: Strecks, Inc. (Chip DeMaranville) Project Location: Parcel History: SEQR Type: Meeting Date: 1904 Ridge Road n/a Type II July 19, 2023 Description of Proposed Project: Applicant proposes to install an automated entry fence at the driveway of an existing property. The highest point of the fence is about 11 ft. and the posts used for the installation are to be 14 ft. in height. The gate design appears to be a privacy fence at 19 ft. 11 '/2 inches wide. Relief is requested for height of fence and type of fence located in the front yard. Relief Required: The applicant requests relief for height of fence and type of fence located in the front yard. The project is located on a 17.77 ac parcel in the RR-5A zone. 179-3-040 RR5A & 179-5-070 fence The applicant proposes an entry gate to an existing property. The fence is to be 11 ft. in height with posts of 14 ft. in height and to be privacy type fence of 19 ft. 11 '/2 inches in length. Where a fence in the front yard is limited to 4 ft. in height and to be open style fencing. 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 have an open fence type. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 7 ft over the allowed and privacy type. 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 to construct a fence in the front yard as an entry gate to the property of 17.77 ac. The applicant has indicated the gates represent the time period of 1800s to match the existing buildings on the site. The plans show the location of the gates and the type of gate. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ,x Town of 0yeen.0my Area Variance Resolution To: Approve / Disapprove Applicant Name: Strecks Inc. (Chip DeMaranville) File Number: AV 24-2023 Location: 1904 Ridge Rd. Tax Map Number: 253.3-1-32.12 ZBA Meeting Date: July 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Strecks Inc (Chip DeMaranville). Applicant proposes to install an automated entry fence at the driveway of an existing property. The highest point of the fence is about 11 ft. and the posts used for the installation are to be 14 ft. in height. The gate design appears to be a privacy fence at 19 ft. 11 % inches wide. Relief is requested for height of fence and type of fence located in the front yard. Relief Required: The applicant requests relief for height of fence and type of fence located in the front yard. The project is located on a 17.77 ac parcel in the RR-5A zone. 179-3-040 RRSA & 179-5-070 fence The applicant proposes an entry gate to an existing property. The fence is to be 11 ft. in height with posts of 14 ft. in height and to be privacy type fence of 19 ft. 11 '/2 inches in length. Where a fence in the front yard is limited to 4 ft. in height and to be open style fencing. SEQR Type II — no further review required; A public hearing was advertised and held on July 19, 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.24-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 19t' Day of July 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 4-2023 Project Applicant: Northstar Donut Group Project Location: 22 Main Street Parcel History: SP 47-2023; AV 23-1998; AV 76-1997; SP 12-98 SEQR Type: Unlisted Meeting Date: July 19, 2023 Description of Proposed Project: Applicant proposes to alter the existing signage and the building fagade for the existing building and site. The existing building of 2,003 sq. ft. is to remain. The existing wall sign is to be replaced with a 22 sq. ft. wall sign with the word "Dunkin"', and a new 15 sq. ft. wall sign is to be installed with wording "Queensbury Dunkin' (with logo)". The freestanding sign is to be refurbished to 32 sq. ft. sign with wording "Dunkin' Drive Thru". Directional signage of 3.14 sq. ft. at each access point for entering and exiting (4 signs total). Additional signage to be included above the height check arm indicating "Drive thru". The menu board to be replaced with a 19.98 sq. ft. digital board as an additional freestanding sign. The project includes the replacement of the sloped canopies to flat canopies over the entrance and drive thru window and a new canopy over the digital board menu. Site plan review for new signs and new canopies in the Main Street zone. Relief is requested for number of signs, lighting of signs, and material of signs. Relief Required: The applicant requests relief for number of signs, lighting of signs, and material of signs. The project is located on a 0.5 ac parcel in the Main Street zone. Section 140- signs • Dunkin — one sign of 22.75 sq ft, described to be face -lit channel letters Acrylic Face. Relief is for internal lighting and material type • Queensbury Dunkin with logo —one sign of 14.95 sq ft, described as PVC material, does not appear to have lighting. Relief is for material type • Directional signs — four signs of 3.14 sq ft each located at access areas of the curb cuts, described as poly carbonate units and to have internal lighting. Relief for internal lighting and material type • Free Standing sign Dunkin Drive Thru — one sign of 32 sq ft, described to be polycarbonate and internally lit. Relief is for internal lighting and relief for more than one free standing sign • Free standing sign Drive-thru — no size provided. Sign to be aluminum and painted. Relief for more than one free standing sign and materials of sign. • Free standing sign digital menu board — two digital panel's total size of 19.98 sq ft. Relief for more than one free standing sign and materials of sign Criteria for considering a Sign Variance according to Chapter 140 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 sign variance. Moderate impacts to the neighborhood may be anticipated. The information submitted indicates the sign replacement and the new digital menu are materials and type that are typical for Dunkin, but they are not the intent of the Main Street zone. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be possible to have a compliant signage with materials to meet the intent of the Main Street zoning. 3. Whether the requested sign 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 as proposed is not consistent with the Main Street sign requirements. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes multiple signs for the fagade upgrade to Dunkin. The plans include two wall signs, three freestanding signs, and directional signage. The project is located in Main Street zone where there are requirements for sign materials and lighting type. The materials proposed are not consistent with the requirements. o Excerpt of the Sign code--140-7 Standards for specified zoning districts —Main Street ■ Lighting -it must utilize exterior downcast cutoff illumination ■ Prohibited • translucent or backlit signs • paper displays • Changeable copy signs • Individual letters not installed flush -mounted • Signs above the principle roofline Materials All signs shall be made of durable materials. Wood, metal, stone, brick or similar traditional sign materials are recommended. Resin or composite materials that give the appearance of traditional materials may also be used. 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 Dim of (jueensbui), Sign Variance Resolution To: Approve / Disapprove Applicant Name: Northstar Donut Group File Number: SV 4-2023 Location: 22 Main St. Tax Map Number: 309.11-1-30 ZBA Meeting Date: July 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Northstar Donut Group. Applicant proposes to alter the existing signage and the building fagade for the existing building and site. The existing building of 2,003 sq. ft. is to remain. The existing wall sign is to be replaced with a 22 sq. ft. wall sign with the word "Dunkin"', and a new 15 sq. ft. wall sign is to be installed with wording "Queensbury Dunkin' (with logo)". The freestanding sign is to be refurbished to 32 sq. ft. sign with wording "Dunkin' Drive Thru". Directional signage of 3.14 sq. ft. at each access point for entering and exiting (4 signs total). Additional signage to be included above the height check arm indicating "Drive thru". The menu board to be replaced with a 19.98 sq. ft. digital board as an additional freestanding sign. The project includes the replacement of the sloped canopies to flat canopies over the entrance and drive thru window and a new canopy over the digital board menu. Site plan review for new signs and new canopies in the Main Street zone. Relief is requested for number of signs, lighting of signs, and material of signs. Relief Required: The applicant requests relief for number of signs, lighting of signs, and material of signs. The project is located on a 0.5 ac parcel in the Main Street zone. Section 140- signs • Dunkin — one sign of 22.75 sq ft, described to be face -lit channel letters Acrylic Face. Relief is for internal lighting and material type • Queensbury Dunkin with logo —one sign of 14.95 sq ft, described as PVC material, does not appear to have lighting. Relief is for material type • Directional signs — four signs of 3.14 sq ft each located at access areas of the curb cuts, described as poly carbonate units and to have internal lighting. Relief for internal lighting and material type • Free Standing sign Dunkin Drive Thru — one sign of 32 sq ft, described to be polycarbonate and internally lit. Relief is for internal lighting and relief for more than one free standing sign • Free standing sign Drive-thru — no size provided. Sign to be aluminum and painted. Relief for more than one free standing sign and materials of sign. • Free standing sign digital menu board — two digital panel's total size of 19.98 sq ft. Relief for more than one free standing sign and materials of sign SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 4-2023. Applicant Name: Northstar Donut Group based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 191h Day of July 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, July 19, 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. 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 sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 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) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. 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; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. 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' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign 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. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 4-2023, Northstar Donut Group, Introduced by , who moved for its adoption, seconded by Duly adopted this 19t" Day of July 2023, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 25-2023 Project Applicant: Project Location: Parcel History: SEQR Type: Meeting Date: John Dickinson 113 Rockhurst Road SP 49-2023 Type II July 19, 2023 Description of Proposed Project: Applicant proposes a 57 sq. ft. single story addition to an existing home where a 20 ft. concrete pad is to be removed in the area of the addition. The home has a footprint of 2,277 sq. ft. and floor area of 2,622 sq. ft. The addition has a floor area of 57 sq. ft., and the new total floor area is to be 2,679 sq. ft. The project includes a slight increase in permeability and existing shoreline vegetation is to remain. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks. Relief Required• The applicant requests relief for setbacks of a residential addition. The project is located on a 0.34 ac parcel in the WR zone. 179-3-040 WR The addition is proposed to be located 17.6 ft. from the front yard setback where 30 ft. is required. The north side location is to be 9.9 ft. where 25 ft. is required. The shoreline setback is to be 47.8 ft. where 50 ft. 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 limited due to the location of the existing home and the parcel dimensions. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for 12.4 ft to the front, 15.1 ft from the north side and 2.2 ft from the shoreline. 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 environmental conditions in the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a 57 sq ft addition to an existing home to expand the bathroom/laundry area. The plans show the location of the addition and elevation. The addition is over an existing gravel area. The applicant has indicated there are no other changes to the site. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 1bim of Queensblily Area Variance Resolution To: Approve / Disapprove Applicant Name: John Dickinson File Number: AV 25-2023 Location: 113 Rockhurst Rd. Tax Map Number: 227.9-1-7 ZBA Meeting Date: July 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from John Dickinson. Applicant proposes a 57 sq. ft. single story addition to an existing home where a 20 ft. concrete pad is to be removed in the area of the addition. The home has a footprint of 2,277 sq. ft. and floor area of 2,622 sq. ft. The addition has a floor area of 57 sq. ft., and the new total floor area is to be 2,679 sq. ft. The project includes a slight increase in permeability and existing shoreline vegetation is to remain. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks of a residential addition. The project is located on a 0.34 ac parcel in the WR zone. 179-3-040 WR The addition is proposed to be located 17.6 ft. from the front yard setback where 30 ft. is required. The north side location is to be 9.9 ft. where 25 ft. is required. The shoreline setback is to be 47.8 ft. where 50 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on July 19, 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. 25-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 19" Day of July 2023 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 26-2023 Project Applicant: Project Location: Parcel History: SEQR Type: Meeting Date: Noreen Potvin 21 Twicwood Lane n/a Type II July 19, 2023 Description of Proposed Project: Applicant proposes to install a pool on their property that is a corner lot. The pool location would be considered a front yard. The existing home of 2,801 sq. ft. would remain with no changes. The pool is to be located on the northeast side and is about 512 sq. ft. Relief is requested for pool location. Relief Required: The applicant requests relief for the location of a proposed pool in the front yard and rear setback relief. The project is located on a 0.52 ac parcel in a MDR zone. Section 179-5-020 —pool Applicant proposes a pool to be located in the front yard on their property that is a corner lot where relief is for placement of a pool in the front yard. In addition, relief is requested for rear setback where the pool is to be 15.5 ft. from the rear property line where a 20 ft. setback for pools to the rear property line 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 limited due to the location of the home and arrangement of the parcel. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for a pool in the front yard and 4.5 ft to the rear yard. 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 to the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to place a pool in the front yard of an existing lot with a single-family home. The lot shape and location on Twicwood Lane is a corner parcel. Noting corner parcels do not have side yard setbacks. The information submitted shows the lot configuration with the proposed pool and the existing fence. The applicant has indicated additional plantings or fencing would be installed to meet any requirements of the Town. ` Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 "1"nirm of 0uccnshui3, Area Variance Resolution To: Approve / Disapprove Applicant Name: Noreen Potvin File Number: AV 26-2023 Location: 21 Twicwood Lane Tax Map Number: 296.9-1-45 ZBA Meeting Date: July 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Noreen Potvin. Applicant proposes to install a pool on their property that is a corner lot. The pool location would be considered a front yard. The existing home of 2,801 sq. ft. would remain with no changes. The pool is to be located on the northeast side and is about 512 sq. ft. Relief is requested for pool location. Relief Required: The applicant requests relief for the location of a proposed pool in the front yard and rear setback relief. The project is located on a 0.52 ac parcel in a MDR zone. Section 179-5-020 —pool Applicant proposes a pool to be located in the front yard on their property that is a corner lot where relief is for placement of a pool in the front yard. In addition, relief is requested for rear setback where the pool is to be 15.5 ft. from the rear property line where a 20 ft. setback for pools to the rear property line is required. SEQR Type II — no further review required; A public hearing was advertised and held on July 19, 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 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.26-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 19t' Day of July 2023 by the following vote: AYES NOES: