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Staff Notes • Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 57-2013 Project Applicant: Michael Park Project Location: 1069 West Mountain Road Meeting Date: October 23, 2013 Description of Proposed Project:I Applicant proposes to remove existing deteriorated 358 sq. ft. porch and replace with a new 358 sq. ft. porch in the same location. Relief Required:I Parcel will require variance relief from the Zoning Code section 179-3-040 Establishment of Zoning Districts Front Setback/MDR zone Required 30 feet Proposed S 6.1 ft, N 10.1 ft Relief S 23.9 ft,N 19.9 ft 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 due to the existing house and porch location and configuration. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial 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.: 57-2013 Project Applicant: Michael Park Project Location: 1069 West Mountain Road Meeting Date: October 23, 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 13-357: Porch Pending BP 04-533: Gazebo &deck CC issued 8-25-04 BP 04-378: Addition CO issued 8-17-04 BP 96-776: Septic alteration CC issued 12-17-96 BP 88-111: Addition to garage Staff comments:I The applicant proposes the removal of a 358 sq ft porch and replacement with a 358 sq ft porch in the same location. The applicant that has indicated the existing porch that has deteriorated as the house was constructed in the 1900's. The information submitted includes the survey showing the location of the porch, and elevations drawings. SEQR Status:I Type II Page 2 of 2 Zoning Board of Appeals Community Development Department Staff Notes Kx uatw lime IUr l SrCU i3 lo.uu r.uua " 10115/2013 16:01 SAX) P.005/010 Oct13-04 Warren County Planning Department Project Review and Referral Form Reviewed by Department on October 10, 2013 Project Name: Michael Park Owner: Michael&Darlene Hayes ID Number: QBY-13-AV-57 County Project#: Oct13-04 Current Zoning: MDR Community: Queensbury Project Description: Applicant proposes to remove existing detonated 358 sq ft porch and replace with a new 358 sq ft porch In the same location. Site Location: ®, 1069 West Mountain Road __ Tax Map Number(s): 295.10-1-29 Staff Notes: The issues here appear to be of a local nature involving local issues. Staff recommends no county Impact based on the information submitted according to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project. Local actions to date(if any): County Planning Department: NCI Local Action:/Flnal Disposition: bi c - 4,/'✓Ji1//�- /1/JGt..,�'`al 3 War(County Planning Department Date Signed Local Official Date Signed + PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION ZONING BOARD OF APPEALS SAMPLE SCRIPT Board member can state the following four (4) items to begin the motion: I. 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) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski, Chairman Roy Urrico, Secretary TO: Michael Park PROJECT FOR: Michael Park for Michael & Darlene Hayes 10 Powder Run 1069 West Mountain Road North Creek, NY 12853 ZBA Meeting Date: Wed., October 23, 2013 RESOLUTION TO: Approve / Disapprove , Area Variance No. 57-2013, Michael Park for Michael & Darlene Hayes, Tax Map No. 295.10-1-29; The Zoning Board of Appeals of the Town of Queensbury has received an application from Michael Park for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of Queensbury in order to remove existing detoriated 358 sq. ft. porch and replace with a new 358 sq.ft. porch in the same location. Relief requested from minimum front setback requirement for the MDR zoning district. SEQR Type II -no further review required; A public hearing was advertised and held on October 23, 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? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? INSERT RESPONSE 3. Is the requested area variance substantial? INSERT RESPONSE 4. Will the proposed area 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 Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wed., October 23, 2013 Area Variance Application No. 57-2013, Michael Park for Michael & Darlene Hayes In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh /would be outwei h ed by the resulting detriment to the health, safety and welfare of the neighborhood or community; 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/ DENY Area Variance No. 57-2013, MICHAEL PARK FOR MICHAEL & DARLENE HAYES, Introduced by , who moved for its adoption, seconded by As per the resolution prepared by staff with the following: A. <insert conditions /comments>: B. The variance approval is valid for one (1) year from the date of approval;pproval; you may request an extension of approval before the one ( ) year time frame expires; C. If the property is located within the Adirondack Park, the approved the Adirondack Park Agency (APA). The applicant is cautioned against taking anby action u ntil t ey APA's review is completed; 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 requires review, approval, or permit from the Town Planning Board and/or the unless onpdacksParproject Agency, Lake George Park Commission or other State agency or department. Duly adopted this 23rd day of October 2013: by the following vote: AYES: NOES: Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh cc: Michael & Darlene Hayes Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.)