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Resolution 1.22.2020 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Sign Variance Resolution To: Approve Applicant Name: AJ Signs (for Queensbury Plaza Sign) File Number: SV 1-2020 Location: 756 Glen Street Tax Map Number: 302.6-1-51.2 ZBA Meeting Date: January 22, 2020 The Zoning Board of Appeals of the Town of Queensbury has received an application from AJ Signs. Applicant proposes to replace an existing 76.2 sq. ft. freestanding plaza sign with one of 75.38 sq. ft. The new sign will identify the plaza tenants and the main plaza. Relief requested for size of sign: exceeds 45 sq. ft. Relief Required: The applicant requests relief for size of sign that exceeds 45 sq. ft. in the Commercial Intensive zone CI. Section 140 –Signs The applicant proposes removal of an existing 76.2 sq. ft. monument sign to construct a 75.38 sq. ft. sign. There has not been a previous sign variance for the existing sign and the proposed sign exceeds the 45 sq. ft. signage maxium allowed. SEQR Type: Unlisted [ Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 1-2020. Applicant Name: AJ Signs, based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by John Henkel who moved for its adoption, seconded by James Underwood: Duly adopted this 22nd Day of January 2020, by the following vote: AYES: Mrs. Hamlin, Mr. Weber, Mrs. Hayward, Mr. Underwood, Mr. Urrico, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl A public hearing was advertised and held on Wednesday, January 22, 2020; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? No. This actually is a net, small decrease in the size of the sign. It won’t have any bearing. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? As discussed in tonight’s meeting, all the other methods have been considered and there were no other feasible methods. 3. Is the requested sign variance substantial? We would say it technically is. The allowed sign size is 35 feet, but the pre-existing sign that’s been there for many years, I think for all our memories, this sign is slightly smaller. 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No because the sign is slightly smaller than the pre-existing sign. 5. Is the alleged difficulty self-created? Yes, it is. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh 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; Based on the above findings I make a MOTION TO APPROVE Sign Variance SV 1-2020, AJ Signs, Introduced by Michelle Hayward, who moved for its adoption, seconded by John Henkel: As per the resolution prepared by staff with the following: 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. Duly adopted this 22nd Day of January 2020, by the following vote: AYES: Mrs. Hamlin, Mr. Weber, Mr. Urrico, Mr. Underwood, Mr. Henkel, Mrs. Hayward, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl