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Staff NotesStaff Notes ZBA October 18, 2023 Administrative Items: Approval of Meeting Minutes September 20, 2023 Request to Table AV 4-2023 (Eberlein) to November 15, 2023 AV 53-2022 (West) Request for One Year Extension Tabled Item: AV 32-2023 Richard & Stefanie Mechanick New Business: SV 5-2023 New Potato Creek Holding LLC (Tidal Wave) AV 41-2023 Gary Higley AV 42-2023 John Graziano AV 43-2023 Kris D. Roglieri Queensbury Zoning Board of Appeals Agenda Meeting: October 18, 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 September 20, 2023 Request to Table AV 4-2023 (Eberlein) to November 15, 2023 AV 53-2022 (Renee & Tom West) Request for One Year Extension TABLED ITEMS: Applicant(s) Richard & Stefanie Mechanick Area Variance Number AV 32-2023 Owner(s) Richard & Stefanie Mechanick SEQRA Type Type II A ent s Stefanie Bitter, Esq. Lot Size 0.83 acres Location & Ward 13 Dawn Rd. Ward 2 Zoning MDR Tax Id No 308.8-2-25 Section 179-3-040 Cross Ref n/a Warren County Planning n/a Public Hearing Se tember 20, 2023; October 18, 2023 Adirondack Park Agency n/a Proiect Description: Applicant requests to maintain a detached garage of 1,064 sq. ft. with a 576 sq. ft. dwelling within. The site has an existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was approved with a garage and home office in 1992. The existing building with detached garage and dwelling is 1,640 sq. ft. and the existing home is 1,588 sq. ft. where there are no changes to the footprints of either building. Relief is requested for dwelling size and density. NEW BUSINESS: Applicant(s) New Potato Creek Holding, LLC Sin Variance Number SV 5-2023 Owner(s) Everest Enterprises LLC SEQRA Type Unlisted Agent(s) Bohler Engineering & Landscape Lot Size 1.72 acres Location & Ward 900 State Route 9 Ward 1 Zoning CM Tax Id No 296.17-1-47 Section 140 Cross Ref SP 56-2023; AV 35-2018; SP 37-2018; SP 60-2007 Warren County Planning October 2023 Public Hearing October 18, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes construction of a 3,910 sq. ft. carwash facility and a 2,730 sq. ft. vacuum canopy. The project includes accessory buildings for the mechanicals and associated equipment for the facility. The plans show a freestanding internally lit monument sign of 41 sq. ft.; a wall sign of 19.01 sq. ft. with illuminated letters; a tunnel entrance wall sign of 19.01 sq. ft. with illuminated letters; 3 directional sign poles proposed at 6 ft. in height and 4.5 sq. ft. each; dumpster wall sign gate panels (one 21.7 sq. ft. panel and one 18.3 sq. ft. panel); two menu boards of 26.5 sq. ft. each; and a 6 sq. ft. entrance sign that is 3 ft. in height. Relief requested for number of wall signs and freestanding signs. Applicant(s) Gary Higley Area Variance Number AV 41-2023 Owner(s) Higley Lake Properties LLC SEQRA Type Type II A ent s Hutchins Engineering PLLC Lot Size 0.23 acres Location & Ward 23 Jay Road Ward 1 Zoning WR Tax Id No 289.10-1-14 Section 179-4-080; 179-3-040 Cross Ref SP 64-2023; AV 23-2020; SP 30-2020; AV 57- 2019; SP 77-2019; AV 1422-21421 Warren County Planning n/a Public Hearing October 18, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a 137 sq. ft. screened porch addition to an existing home. The existing home is 2,448 sq. ft. footprint and the existing deck is 1,218 sq. ft. A portion of the deck is to be replaced with the screen porch. The existing floor area is 4,306 sq. ft. where the new floor area is to be 4,443 sq. ft. The existing site conditions are to remain as is. Site plan for new floor area. Relief requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: October 18, 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) John Graziano Area Variance Number AV 42-2023 Owner(s) John A. Graziano Revocable Trust SEQRA Type Type II Agent(s) n/a Lot Size 0.48 acres Location & Ward 195 Assembly Point Rd. Ward 1 Zoning WR Tax Id No 226.19-2-1 Section 179-3-040; 179-5-020 Cross Ref AV 31-2021; SP 30-2021 Warren County Planning October 2023 Public Hearing October 18, 2023 Adirondack Park Agency ALD Proiect Description: Applicant has an existing 125 sq. ft. shed to be maintained in a current non -compliant location. The applicant had a site plan and an area variance approved in 2021 for an addition to the existing home with the shed to be relocated to a compliant location. The home of 3,108 sq. ft. footprint withporch/deck area of 585 sq. ft. are to remain. Relief is requested for setbacks. Applicant(s) Kris D. Ro lieri Area Variance Number AV 43-2023 Owner(s) Kris D. Roglieri SEQRA Type Type II Agent(s) Jonathan C. Lapper Lot Size 14.11 acres Location & Ward 40 North Rd. Ward 2 Zoning MDR Tax Id No 302.7-1-37 Section 179-3-040; 179-5-020 Cross Ref AV 49-2018; AV 17-2018; AV 79-2017 Warren County Planning October 2023 Public Hearing October 18, 2023 Adirondack Park Agency n/a Project Description: Applicant proposes an 8,276 sq. ft. two-story detached 11 bay garage building for the storage of vehicles, including a workshop area and wash area. The project includes retrofitting an existing 3,000 sq. ft. detached garage to an accessory indoor gym. The existing home is 6,148.6 sq. ft. footprint, there are four existing accessory structures (including a woodshed, two sheds with door width of 8 ft., and an existing detached garage). The applicant proposes to remove Shed #1 and reduce door width of Shed 92 to less than 6 ft. as both are considered garages due to door width. The site has an outdoor pool area, pond, and gazebo to remain with no changes. Relief is requested for number of garages, number of bay doors, size of garage, and number of accessory structures. 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\October 18, 2023\ZBA Final Agenda October 18, 2023.docx V 19 THL T 1RM AV RUIFS 111 1. 1 I ILII YCOMIANY Mr. Stephen Traver, Chairman Queensbury Planning Board 742 Bay Rd Queensbury, NY 12804 Mr. Mike McCabe, Chairman Queensbury Zoning Board of Appeals 742 Bay Rd Queensbury, NY 12804 Re: 79 Knox Road Gentlemen: Thomas S. West Direct Dial: (518) 641-0501 E-Mail: twest@westfirmlaw.com September 18, 2023 I am one of the owners of the property located at 79 Knox Rd. that was the subject of decision -making by your boards last October and follow-up decision -making by the Zoning Board of Appeals this August. Those approvals involve a site plan approval and various variances to authorize the replacement of our summer camp with a year-round residence and a separate garage structure with living accommodations above the garage. On behalf of Ren6e and myself, I am writing to you to respectfully request an extension of those approvals for one year. As you are aware, the residential construction industry remains very busy, and it has been difficult to finalize engineering drawings and lineup contractors for the construction of our facilities. This process was complicated by the fact that in June of this year, we made the decision to move the garage slightly this spring after the property was staked for construction. As noted during the ZBA meeting last month, the original location had a portion of the garage in an embankment, which necessitated removing mature trees. Now that we have a final configuration for the project, we are ready to move forward, but will not be able to do so prior to the expiration of our prior approvals. We are also trying to avoid concrete work and construction during winter conditions. Thank you for your attention to this request. Attorneys and Counselors at Law Peter Kiernan Plaza 1 575 Broadway, 2°`I Floor I Albany, NY 12207-2931 Office: (518) 641-0500 Fax: (518) 615-1500 www.westfirmlaw.com -. Jor 4aTown of Queensbury Zoning Office 742 Bay Road, Queensbury, NY 12804 518-761-8238 TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION — GRANT EXTENSION REQUEST AREA VARIANCE 53-2022 Tom & Renee West Tax Map ID: 239.7-1-16 Property Address: 79 Knox Rd. / Zoning: WR Applicant proposes to demolish an existing home to construct a new home of 3,315 sq. ft. footprint with a detached garage of 1,100 sq. ft. and a total floor area of 6,500 sq. ft. The home is to be 27 ft. 8 inches in height and the garage is to be 27 ft. 11 '/2 inches on a 1.22 acre parcel. The project includes new septic system, stormwater controls, permeable driveway areas, and landscaping. Site plan for floor area, hard surfacing within 50 ft. of shoreline, and freshwater wetlands for work within 100 ft. Relief is requested for setbacks and garage height. The Zoning Board of Appeals approved Area Variance 53-2022 on October 19, 2022. Applicant is requesting a one year extension . With this resolution the Zoning Board of Appeals grants a one year extension to October 19, 2024. MOTION TO APPROVE A_ ONE YEAR EXTENSION FOR AREA VARIANCE 53-2022, Tom & Renee West. Introduced by , who moved for its adoption; seconded by Extended to October 19t", 2024. Duly adopted this 18" Day of October 2023 by the following vote: AYES: NOES: Phone: 518.761.8238 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.: 32-2023 Project Applicant: Richard & Stefanie Mechanick Project Location: 13 Dawn Road Parcel History: n/a SEQR Type: Type II Meeting Date: October 18, 2023 Description of Proposed Project: Applicant requests to maintain a detached garage of 1,064 sq. ft. with a 576 sq. ft. dwelling within. The site has an existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was approved with a garage and home office in 1992. The existing building with detached garage and dwelling is 1,640 sq. ft. and the existing home is 1,588 sq. ft. where there are no changes to the footprints of either building. Relief is requested for dwelling size and density. Relief Required: The applicant requests relief to maintain two separate dwellings —density relief is needed for two dwellings on lot and the apartment is less than 800 sq. ft. - dwelling size relief is needed. The project is located on a 0.86 ac parcel in the Moderate Density zone. Section 179-3-040 dwellings & 179-5-090 floor area size The applicant proposes to maintain two dwellings where there is a main house and then an existing detached garage with a 576 sq. ft. dwelling unit where 800 sq. ft. is required for a single-family dwelling unit. The site would allow for one single family dwelling. 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 possible to remove the elements of the second dwelling. 3. Whether the requested area variance is substantial. The relief requested may be considered significant relevant to the code. Relief requested for 224 sf less than allowed for a single-family dwelling. Relief for two dwellings on one parcel of 0.86 ac where 4 ac is required for two dwellings. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• Applicant proposes to maintain the existing home and a dwelling unit in a garage. The applicant has indicated upon purchasing the property the dwelling unit in the garage had been used as such. Staff has reviewed the documents for the building permits for this site; the space in the garage was granted approval for a home office. The applicant has indicated there are no changes to the site or buildings. The plans show the location of the home and the floor plan of the garage and second dwelling. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 lin,•ra dQueansbarY Area Variance Resolution To: Approve / Disapprove Applicant Name: Richard & Stefanie Mechanick File Number: AV 32-2023 Location: 13 Dawn Rd. Tax Map Number: 308.8-2-25 ZBA Meeting Date: September 20, 2023; October 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard & Stefanie Mechanick. Applicants request to maintain a detached garage of 1,064 sq. ft. with a 576 sq. ft. dwelling within. The site has an existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was approved with a garage and home office in 1992. The existing building with detached garage and dwelling unit is 1,640 sq. ft. and the existing home is 1,588 sq. ft. where there are no changes to the footprints of either building. Relief is requested for dwelling size and density. Relief Required: The applicant requests relief to maintain two separate dwellings —density relief is needed for two dwellings on lot and the apartment is less than 800 sq. ft. - dwelling size relief is needed. The project is located on a 0.86 ac parcel in the Moderate Density zone. Section 179-3-040 dwellings & 179-5-090 floor area size The applicant proposes to maintain two dwellings where there is a main house and then an existing detached garage with a 576 sq. ft. dwelling unit where 800 sq. ft. is required for a single-family dwelling unit. The site would allow for one single family dwelling. SEQR Type II — no further review required; A public hearing was advertised and held on October 18, 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. 32-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 18" Day of October 2023 by the following vote: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 5-2023 Project Applicant: New Potato Creek Holding, LLC. Project Location: 900 State Route 9 Parcel History:SP 56-2023; AV 35-2018; SP 37-2018; SP 60-2007 SEQR Type: Unlisted Meeting Date: October 18, 2023 Description of Proposed Project] - Applicant proposes construction of a 3,910 sq. ft. carwash facility and a 2,730 sq. ft. vacuum canopy. The project includes accessory buildings for the mechanicals and associated equipment for the facility. The plans show a freestanding internally lit monument sign of 41 sq. ft.; a wall sign of 19.01 sq. ft. with illuminated letters; a tunnel entrance wall sign of 19.01 sq. ft. with illuminated letters; 3 directional sign poles proposed at 6 ft. in height and 4.5 sq. ft. each; dumpster wall sign gate panels (one 21.7 sq. ft. panel and one 18.3 sq. ft. panel); two menu boards of 26.5 sq. ft. each; and a 6 sq. ft. entrance sign that is 3 ft. in height. Relief requested for number of wall signs and freestanding signs. Relief Required: The applicant requests relief for number of wall signs and freestanding signs. The project site is on a 1.64 ac parcel in the Commercial Intensive zone. Section 140 Signs Signage-The plans show a free standing internally lit monument sign of 41 sq ft. The plans show a wall sign of 19.01 sq ft with illuminated letters. Directional sign poles — proposed is 7 at 6 ft in height and 3 sq ft each o The following signs are subject to variance —more than one wall sign: 3 additional wall signs proposed (4 proposed total); more than one freestanding sign: 3 additional freestanding (5 proposed total) ■ Tunnel entrance wall sign 19.01 sq ft with illuminated letters — variance more than one wall sign ■ Dumpster wall sign gate panels — one panel 21.7 sq ft, one panel 18.3 sq ft — variance more than one wall sign ■ 2- Menu board -vinyl applied to acrylic face — each 26.5 sq ft — variance more than one free standing sign ■ Entrance sign — proposed at 3 ft in height at 6 sq ft. Variance more than one free standing sign and size greater than 4 sq ft ■ Gate arm signs —free standing sign only one proposed at a time (drawing does not show location) 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. Minimal 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 a sign variance. Feasible alternatives may be possible to reduce the number of signs and reduce the size of the entrance sign. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. The following signs are subject to variance —more than one wall sign: 3 additional wall signs proposed (4 proposed total), more than one freestanding sign: 4 additional freestanding (5 proposed total), entrance direction signs 2 sq ft greater than allowed. 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 have minimal impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has received an approval for the construction of a new car wash building, a vacuum canopy structure and mechanical structures. The project includes installation of multiple signs for the site. The plans show the location of the signage on the building, freestanding, and the refuse area. 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 7n�ti•tt of Sign Variance Variance Resolution To: Approve / Disapprove Applicant Name: New Potato Creek Holding LLC File Number: SV 5-2023 Location: 900 State Route 9 Tax Map Number: 296.17-1-47 ZBA Meeting Date: October 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from New Potato Creek Holding LLC. Applicant proposes construction of a 3,910 sq. ft. carwash facility and a 2,730 sq. ft. vacuum canopy. The project includes accessory buildings for the mechanicals and associated equipment for the facility. The plans show a freestanding internally lit monument sign of 41 sq. ft.; a wall sign of 19.01 sq. ft. with illuminated letters; a tunnel entrance wall sign of 19.01 sq. ft. with illuminated letters; 3 directional sign poles proposed at 6 ft. in height and 4.5 sq. ft. each; dumpster wall sign gate panels (one 21.7 sq. ft. panel and one 18.3 sq. ft. panel); two menu boards of 26.5 sq. ft. each; and a 6 sq. ft. entrance sign that is 3 ft. in height. Relief requested for number of wall signs and freestanding signs. Relief Required: The applicant requests relief for number of wall signs and freestanding signs. The project site is on a 1.64 ac parcel in the Commercial Intensive zone. Section 140 Signs Signage-The plans show a freestanding internally lit monument sign of 41 sq. ft. The plans show a wall sign of 19.01 sq. ft. with illuminated letters. Directional sign poles — proposed is 7 at 6 ft. in height and 3 sq. ft. each. o The following signs are subject to variance —more than one wall sign: 3 additional wall signs proposed (4 proposed total); more than one freestanding sign: 3 additional freestanding (5 proposed total). ■ Tunnel entrance wall sign 19.01 sq. ft. with illuminated letters — variance more than one wall sign ■ Dumpster wall sign gate panels — one panel 21.7 sq. ft., one panel 18.3 sq. ft. — variance more than one wall sign ■ 2- Menu board -vinyl applied to acrylic face — each 26.5 sq. ft. — variance more than one freestanding sign ■ Entrance sign — proposed at 3 ft. in height at 6 sq. ft. Variance more than one freestanding sign and size greater than 4 sq. ft. ■ Gate arm signs —free standing sign only one proposed at a time (drawing does not show location) SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 5-2023. Applicant Name: New Potato Creek Holding LLC 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 moved for its adoption, seconded by Duly adopted this 1811 Day of October 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, October 18, 2023. who 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 followingA 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 5-2023, New Potato Creek Holding LLC, Introduced by , who moved for its adoption, seconded by Duly adopted this 1811 Day of October 2023, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 41-2023 Project Applicant: Gary Higley Project Location: 23 Jay Road Parcel History: SP 64-2023; AV 23-2020; SP 30-2020; AV 57-2019; SP 77-2019; AV 1422-21421 SEQR Type: Type II Meeting Date: October 18, 2023 Description of Proposed Project: Applicant proposes to construct a 137 sq. ft. screened porch addition to an existing home. The existing home is 2,448 sq. ft. footprint and the existing deck is 1,218 sq. ft. A portion of the deck is to be replaced with the screen porch. The existing floor area is 4,306 sq. ft. where the new floor area is to be 4,443 sq. ft. The existing site conditions are to remain as is. Site plan for new floor area. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of an enclosed porch. The project is located on a 0.23 ac parcel in the Waterfront Residential Zone. 179-3-040 dimensional, 179-4-080 porches... The enclosed porch is to be 38.6 ft from the shoreline of Glen Lake where a 50 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 limited due to the location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested from the shoreline is 11.4 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 to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to construct an enclosed porch addition on top of a portion of the existing deck. The plans show the location of the addition and existing site conditions. The plans indicate there are existing plantings to remain. 'f Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 fin+;T ui (?ucett.chut� Area Variance Resolution To: Approve / Disapprove Applicant Name: Gary Higley File Number: AV 41-2023 Location: 23 Jay Road Tax Map Number: 289.10-1-14 ZBA Meeting Date: October 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Gary Higley. Applicant proposes to construct a 137 sq. ft. screened porch addition to an existing home. The existing home is 2,448 sq. ft. footprint and the existing deck is 1,218 sq. ft. A portion of the deck is to be replaced with the screen porch. The existing floor area is 4,306 sq. ft. where the new floor area is to be 4,443 sq. ft. The existing site conditions are to remain as is. Site plan for new floor area. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of an enclosed porch. The project is located on a 0.23 ac parcel in the Waterfront Residential Zone. 179-3-040 dimensional, 179-4-080. porches... The enclosed porch is to be 38.6 ft. from the shoreline of Glen Lake where a 50 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on October 18, 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. 41-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 18" Day of October 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 42-2023 Project Applicant: John Graziano Project Location: 195 Assembly Point Road Parcel History: AV 31-2021; SP 30-2021 SEQR Type: Type II Meeting Date: October 18, 2023 Description of Proposed Project: Applicant has an existing 125 sq. ft. shed to be maintained in a current non -compliant location. The applicant had a site plan and an area variance approved in 2021 for an addition to the existing home with the shed to be relocated to a compliant location. The home of 3,108 sq. ft. footprint with porch/deck area of 585 sq. ft. are to remain. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an existing shed to remain in its current location. The project is located on a 0.48 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR, 179-5-020 sheds The shed is to remain at 1.4 ft from the side property line where a 20 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 shed and home. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief is for 18.6 feet to the side. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to maintain an existing 125 sq ft shed on the property in the existing location. The applicant received a variance in 2021 for additions to an existing home where the additions required setback relief. The original proposal was moving the shed to a compliant location. The applicant has indicated this would place the shed in the middle of the property. The plans show the pictures of the shed and the shed in the current location. !� Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 l inr;? nl (f4;cc;?shru t Area Variance Resolution To: Approve / Disapprove Applicant Name: John Graziano File Number: AV 42-2023 Location: 195 Assembly Point Rd. Tax Map Number: 226.19-2-1 ZBA Meeting Date: October 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from John Graziano. Applicant has an existing 125 sq. ft. shed to be maintained in a current non -compliant location. The applicant had a site plan and an area variance approved in 2021 for an addition to the existing home with the shed to be relocated to a compliant location. The home of 3,108 sq. ft. footprint with porch/deck area of 585 sq. ft. are to remain. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an existing shed to remain in its current location. The project is located on a 0.48 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR, 179-5-020 sheds The shed is to remain at 1.4 ft. from the side property line where a 20 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on October 18, 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. 42-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 1811 Day of October 2023 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 43-2023 Project Applicant: Kris D. Roglieri Project Location: 40 North Road Parcel History: AV 49-2018; AV 17-2018; AV 79-2017 SEAR Type: Type II Meeting Date: October 18, 2023 Description of Proposed Project: Applicant proposes an 8,276 sq. ft. two-story detached 11 bay garage building for the storage of vehicles, including a workshop area and wash area. The project includes retrofitting an existing 3,000 sq. ft. detached garage to an accessory indoor gym. The existing home is 6,148.6 sq. ft. footprint, there are four existing accessory structures (including a woodshed, two sheds with door width of 8 ft., and an existing detached garage). The applicant proposes to remove Shed # 1 and reduce door width of Shed #2 to less than 6 ft. as both are considered garages due to door width. The site has an outdoor pool area, pond, and gazebo to remain with no changes. Relief is requested for number of garages, number of bay doors, size of garage, and number and size of accessory structures. Relief Required: The applicant requests relief for number of garages, number of bay doors, size of garage, and number of accessory structures. The project is located on a 14.11 ac in the Moderate Density Residential zone. Section 179-5-020 accessory structures The applicant proposes to construct a two-story 8,276 sq ft detached garage with 11 bays; relief is for a garage greater than 2,200 sq ft and a garage with more than three bays. Relief is also requested for more than one garage as the home has an existing garage and detached garage. Relief is requested for three accessory structures where maximum of three is allowed with a total square foot of 750 sq ft — the site has woodshed of 482 sq ft, a shed of 283 sq ft, a gazebo of 95 sq ft, and a gym of 3 03 8.1 sq ft —total of 3898.1 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 to reduce the number of garages and accessory buildings. 3. Whether the requested area variance is substantial. The relief may be substantial relevant to the code. Relief requested for three garages, a garage within excess of 8 bays, 6076 sq ft for oversized garage, relief for four accessory structures, relief for 3148.1 sq ft in excess of accessory structure size. 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 a two-story 8,276 sq ft garage to house the applicant's car collection. The plans show the location of the new garage, the home and other structures on the site.' Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7inrn of (7`rccirshur� Area Variance Resolution To: Approve / Disapprove Applicant Name: Kris D. Roglieri File Number: AV 43-2023 Location: 40 North Rd. Tax Map Number: 302.7-1-37 ZBA Meeting Date: October 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Kris D. Roglieri. Applicant proposes an 8,276 sq. ft. two-story detached 11 bay garage building for the storage of vehicles, including a workshop area and wash area. The project includes retrofitting an existing 3,000 sq. ft. detached garage to an accessory indoor gym. The existing home is 6,148.6 sq. ft. footprint, there are four existing accessory structures (including a woodshed, two sheds with door width of 8 ft., and an existing detached garage). The applicant proposes to remove Shed #1 and reduce door width of Shed #2 to less than 6 ft. as both are considered garages due to door width. The site has an outdoor pool area, pond, and gazebo to remain with no changes. Relief is requested for number of garages, number of bay doors, size of garage, and number of accessory structures. Relief Required: The applicant requests relief for number of garages, number of bay doors, size of garage, and number of accessory structures. The project is located on a 14.11 ac in the Moderate Density Residential zone. Section 179-5-020 accessory structures The applicant proposes to construct a two-story 8,276 sq. ft. detached garage with 11 bays; relief is for a garage greater than 2,200 sq. ft. and a garage with more than three bays. Relief is also requested for more than one garage as the home has an existing garage and detached garage. Relief is requested for three accessory structures where maximum of three is allowed with a total square feet of 750 sq ft — the site has woodshed of 482 sq ft, a shed of 283 sq ft, a gazebo of 95 sq ft, and a gym of 3038.1 sq ft —total of 3898.1 sq ft SEQR Type II — no further review required; A public hearing was advertised and held on October 18, 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. 43-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 181h Day of October 2023 by the following vote: AYES: NOES: