Loading...
Staff Notes.10.15.13 Town of Queensbury Planning Board Community Development Department Staff Notes September 17, 2013, September 24, 2013, October 15, 2013 Application: SP 49-2013 /AV 46-2013 SEQRA Type II Applicant: Rich &Jill Long Referrals: Warren Co. Planning—No County Impact Location: 2407 Ridge Road Zoning: LC-42A REQUESTED ACTION: Site Plan review for expansion of a non-conforming structure in a critical environmental area. Project subject to Planning Board review and approval. PARCEL HISTORY: AV 46-13: 787 sq. ft. addition, relief from setback& permeability. 9-25- 13 AV 67-98: 264 sq. ft. addition; relief from setback&permeability & expansion of non-conforming structure, 9-23-98 AV 02-96: 705 sq. ft. addition, 2-21-96 BP 98-639 144 sq. ft. addition, 8-17-99 BP 97-048: 936 sq. ft. addition; not constructed see BP 98-639 with AV 67-98 PROJECT DESCRIPTION: Site Plan: Applicant proposes to construct a 787 sq. ft. addition and to alter a 351 sq. ft. portion of an existing home that includes a new porch entryway. The project involves an additional bedroom, updating an existing bathroom, updating an existing bedroom, enclosing utilities, and removal of a shed that previously held the utilities. Site Plan Review is required for expansion of a non- conforming structure in a CEA. Variance: Relief granted for expansion of a nonconforming structure, setback and permeability requirements of the LC 42A zone. MATERIAL REVIEW: • Application • House drawing renderings & layout • Survey STAFF COMMENTS: The applicant proposes to remodel an existing home to make two bedrooms larger, add a full bath, and enclose existing hot water, well tank, and furnace utilities. The plans show the location of the addition and layout. The project is subject to site plan review as it is located in a CEA and is an expansion of a non-conforming structure where the LC 42 zone requires 100 ft. setback and the home was constructed prior to zoning. NATURE OF AREA VARIANCE An area variance was granted for setback and permeability. SUMMARY The applicant has completed a site plan application for the expansion of a non-conforming structure. Site plan review is required for an expansion of a non-conforming structure in a critical environmental area. The applicant has indicated the expansion will allow for an additional bedroom and update other areas of the home. The plans show the location of the addition and the arrangement of the building on the lot. The applicant has indicated all alterations are to the home no outside site work is proposed. APPLICATION PROTOCOL: 9/17/2013 PB Recommendation to ZBA—tabled to 9/24/13 9/18/2013 ZBA review-tabled to 9/26/13 9/24/2013 PB Recommendation to ZBA -approved 9/25/2013 ZBA review-approved 10/15/2013 PB review - 2 - .p Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 RESOLUTION TO: APPROVE Area Variance No. 46-2013, Richard & Jill Long, 2407 Ridge Road, Tax Map No. 240.00-1-16, The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard & Jill Long for a variance from Section(s): 179-3-040; 179-13-010 of the Zoning Code of The Town of Queensbury in order to construct a 787 sq. ft. addition and to alter a 351 sq. ft. portion of an existing home that includes a new porch entryway. The project involves an additional bedroom, updating an existing bathroom, updating an existing bedroom, enclosing utilities and removal of a shed that previously held the utilities. Relief is requested for expansion of a nonconforming structure, setback and permeability requirements of the LC-42A zone. SEQR Type II- no further review required; A public hearing was advertised and held on September 18 and September 25, 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: 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? It will actually be an improvement. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? Not really. 3. Is the requested area variance substantial? We do not believe so. 4. Will the proposed area variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? We believe not. 5. Is the alleged difficulty self-created? Yes. And per the recommendations of the Staff Notes. 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 Area Variance No. 46-2013, Richard & Jill Lonq, Introduced by Michael McCabe, who moved for its adoption, seconded by Joyce Hunt: 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; Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 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 building 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 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 25th day of September 2013, by the following vote: AYES: Mr. Henkel, Mr. Freer, Mr. McCabe, Mrs. Hunt, Mr. Garrand NOES: NONE ABSTAINED: Mr. Kuhl FOLLOW - UP RESOLUTION TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 Town of Queensbury Planning Board RESOLUTION TO APPROVE/DISAPPROVE SITE PLAN 49-2013 RICH &JILL LONG TAX MAP ID 240.-1-16;2407 RIDGE ROAD A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes to construct a 787 sq. ft. addition and to alter a 351 sq. ft. portion of an existing home that includes a new porch entryway. The project involves an additional bedroom,updating an existing bathroom,updating an existing bedroom, enclosing utilities and removal of a shed that previously held the utilities. Site Plan Review is required for expansion of a non-conforming structure in a CEA. SEQR Type II—no further review required; {{ PB made a recommendation to the ZBA on 9/24/2013; the ZBA approved the variance requests on 9/25/2013; b A public hearing was advertised and held on 9/24/2013 & 10/15/26 This application is supported with all documentation, public comment, a . ®plication material in the file of record; '; ti �;;3.4_ti•1ti. MOTION TO APPROVE / DISAPPROVE SITE PLAN 49-2013 RICH & Jit LONG. Introduced by who moved for its adoption, seconded by As per the resolution prepared by staff with the followin ti �s. 1) Pursuant to relevant sections of the Town of Queensbury:Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 2) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; 3) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of.any site work; • 4) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. Duly adopted this 15th day;of;October 2013 by the following vote: AYES: NOES: