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
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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.)