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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 45-2013 Project Applicant: Andrew Fedele Project Location: 24 Honey Hollow Road Meeting Date: August 28, 2013 & October 16, 2013 Description of Proposed Project:I Applicant proposes construction of a 1,096 sq. ft. detached 3-car garage that would be a second garage on the property. The application was tabled at the August 28`h meeting to allow the applicant an opportunity to develop an alternative plan. Relief Required:I Parcel will require an area variance from the following section of code 179-5-020 Accessory Structures specifically for the number of allowed garages: #of garages Required Allowed 1 garage Proposed 2 garages one is attached at 631 sq. ft. and other is detached proposed at 1,096 sq. ft. Relief 1 garage Criteria for considering an Area Variance according to Chapter 267 of Town Law:I In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may limited due to the existing house configuration and the interior useable space of the existing garage. The applicant has indicate the existing garage has 391 sq ft of useable space where the remaining area includes access stairs to the 2nd floor and then to the basement, and access to the laundry area. Page 1 of 3 Area Variance No.: 45-2013 Project Applicant: Andrew Fedele Project Location: 24 Honey Hollow Road Meeting Date: August 28, 2013 & October 16, 2013 3. Whether the requested area variance is substantial. The relief requested may be considered substantial however the applicant has been using a portable shelter for items that did not fit into the existing garage. 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. Parcel History (construction/site plan/variance,etc.):I BP 08-422: Residential alteration BP 99-425: Pool BP 87-729: SFD Staff comments:I The applicant has provided additional information for the board to consider. The information includes a floor plan of the existing garage with dimensions and noting only 391 sq ft of the garage is useable space; in addition photos are included showing the vehicle and storage arrangement that occurs currently. Another drawing depicts the orientation of the garage to be angled of off of the side and rear property lines with 12 ft to the side property line and 30 ft to the rear property line as well as a suggested planting plan. A floor plan and elevation drawing depict the roof configuration for ventilation and that within the new garage 700 sq ft is garage space and 396 sq ft is storage space —with the plans showing one large garage door and one smaller garage door. The applicant has also included a photo of all the items to be stored between the attached garage and proposed 2"d garage. The applicant proposal now requests a different orientation of the detached 2' garage that is to be 1,096 sq ft. The applicant has updated the application with drawing and photos indicating the 2" garage will allow for the storage of vehicles, boats, and similar items where some of the items had been covered by a portable garage for the past few years. The applicant has explained this would address their future garage needs with additional vehicles for their children and those items that can be stored inside versus outside. The applicant has also explained to staff that the interior layout of the existing garage does not allow for Page 2 of 3 Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 45-2013 Project Applicant: Andrew Fedele Project Location: 24 Honey Hollow Road Meeting Date: August 28, 2013 & October 16, 2013 an addition where there is only 17.5 ft of usable space because there is a spiral staircase to the second floor, a stairwell to the basement and a laundry room wall further an addition to the rear or font would not lend itself to the architectural consistency of the home. The original application materials include the location of the existing garage, site layout information, elevations drawings, and a rendition of a garage plan. The revised information includes photos, original site plan, proposed reorientation of the building with a proposed planting plan. SEQR Status: Type II Page 3 of 3 Zoning Board of Appeals Community Development Department Staff Notes ZONING BOARD OF APPEALS SAMPLE SCRIPT Board member can state the following four (4) items to begin the motion: 1. As per the resolution prepared by staff; therefore it will not be necessary to repeat the project description or the code section; 2. We will provide responses to items 1-7; 3. Based on our responses to Items 1-7; we will make a motion to approve/disapprove; 4. We will add specific conditions or state that there are no conditions other than the "boilerplate conditions" C through F (if a condition of approval is discussed throughout the meeting but is not inserted into the approving resolution it doesn't exist) TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION TO APPROVE / DISAPROVE AREA VARIANCE 45-2013 ANDREW FEDELE/ TAX MAP ID 308.18-1-33 Steven Jackoski, Chairman Roy Urrico, Secretary TO: The Zoning Board of Appeals of the Town of Queensbury has received an application from Andrew Fedele for a variance from Section(s): 179-5-020 of the Zoning Code of The Town of Queensbury for proposed construction of a 1,096 sq. ft. detached 3-car garage with storage. Relief requested for a second garage. SEQR Type II - no further review required; A public hearing was advertised and held on October 16, 2013; 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: <insert responses to 1-7> 1 . Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested area variance? 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? 3. Is the requested area variance substantial? 4. Will the proposed area variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. Is the alleged difficulty self-created? 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh / would be outweighed by 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 / DISAPPROVE AREA VARIANCE NO. 45-2013, ANDREW FEDELE, Introduced by who moved for its adoption, seconded by As per the resolution prepared by staff with the following: A. <insert condition> B. <insert condition> C. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; D. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' E. Subsequent issuance of further permits, including building permits are dependent on receipt of these final plans; F. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a building permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Duly adopted this 16th day of October 2013, by the following vote: AYES: NOES: