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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 53-2013 Project Applicant: David Corlew, Jr. & Tracy Tabor Project Location: 20 Twin Mountain Road Meeting Date: October 16, 2013 Description of Proposed Project:I Applicant proposes construction of a 576 sq. ft. freestanding garage that does not meet the required setbacks. Relief Required:I Parcel will require variance relief from the Zoning Code section 179-3-040 Establishment of Districts and 179-5-020 Accessory Structures Front Setback Side Setback(MDR) Required 30 feet 25 feet Proposed N 12.67, S 13.16 SW 12.9, SE 15.74 Relief N 17.33, S 16.84 SW 12.1, SE 9.26 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 be limited because of the current site layout with landscape areas around the home and orientation of the home 3. Whether the requested area variance is substantial. The relief requested may be considered minimal to moderate 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. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated Page 1 of 2 Area Variance No.: 53-2013 Project Applicant: David Corlew, Jr. & Tracy Tabor Project Location: 20 Twin Mountain Road Meeting Date: October 16, 2013 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.):I BP 2013-333: Inground Pool BP 2013-332: Garage BP 2012-573: Deck BP 1991-845: Septic alteration Staff comments:I The applicant proposes to construct a 576 sq ft detached garage where there is currently no garage on the site. The garage does not meet the required front and south side setback requirements. The applicant has indicated the garage location is arranged with the current driveway and could not be located with the current septic and pool locations. The applicant has included a photo rendition of the garage to be proposed showing location in relation to the home and pool area. Elevation drawings were included indicating the dimensions of the structure. The application materials also included letters from neighbors supporting the application. SEQR Status: Type II Page 2 of 2 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 53-2013 DAVID CORLEW, Jr. / TRACY TABOR TAX MAP ID 20 Twin Channel Road Steven Jackoski, Chairman Roy Urrico, Secretary TO: The Zoning Board of Appeals of the Town of Queensbury has received an application from David Corlew, Jr. & Tracy Tabor for a variance from Section(s): 179-5-020 of the Zoning Code of The Town of Queensbury for proposed construction of a 576 sq. ft. freestanding garage. Relief requested from setback requirements of the MDR zoning district. 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. 53-2013, DAVID CORLEW, JR. & TRACY TABOR, 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: