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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 10-2014 Project Applicant: Matthew & Samantha Ball Project Location: Lot 5 - East and south end of Michaels Drive Meeting Date: 2-26-2014 Description of Proposed Project:I Applicant proposes construction of a 1,900 sq. ft. single family dwelling on Lot 5 of the Sherman Acres subdivision. Project is associated with a Site Plan within an approved subdivision where development of 4 single family homes and the construction activities include hard surfacing within 50 feet of shoreline and disturbance within 100 feet of a designated wetland (required PB review). Relief Required:I Parcel will require area variances as follows: Relief requested from road frontage requirements for direct access on a public street. Section 179-4-050 Frontage Road frontage Required 50' Proposed 0 ft Relief 50 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 location of wetlands on the parcel to be developed. 3. Whether the requested area variance is substantial. The request may be considered 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 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): AV 9-14: Lot 2-shoreline setback relief SP 14 -14: Filling&creation of hard surfaced areas (driveways)within 50 feet of a shoreline. FW 1-14: Disturbance of land within 100 feet of a regulated wetland. SB 4-90: Applicant proposes a modification to the Sherman Acres subdivision for a proposed cul-de-sac on Amy Lane to add 50 feet of road frontage to each lot, creating a private driveway. Modifications to approved subdivisions require Planning Board review and approval. 12-16-08 Staff comments:I The applicant proposes to construct a home and have the driveway access the lot across an adjacent parcel. The applicant requests relief for not having physical access from their lot to the public highway. The applicant has indicated the access through the neighboring parcel would allow for no disturbance of the wetland on the owners parcel. The applicant also explained the parcel was created under previous approved subdivision prior to wetland delineation requirements. SEQR Status:I Type II Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 k%,-/ Steven Jackoski, Chairman Roy Urrico, Secretary T TO: Matthew & Sammantha Ball PROJECT FOR: Matthew & Sammantha Ball 9 Ball Blvd Lot 5 Michaels Drive (Sherman Acres) Queensbury, NY 12804 ZBA Meeting Date: Wed., February 26, 2014 RESOLUTION TO: Approve / Disapprove , Area Variance No. 10-2014, Matthew & Sammantha Ball, Lot 5 Michaels Drive (Sherman Acres Subdivision), Tax Map No. 308.6-1-27; The Zoning Board of Appeals of the Town of Queensbury has received an application from Matthew & Sammantha Ball for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of Queensbury for construction of a 1,900 sq. ft. single-family dwelling on Lot 5 of the Sherman Acres Subdivision. Project is associated with a Site Plan within an approved Subdivision where development of 4 single-family homes and the construction activities include hardsurfacing within 50 ff. of shoreline and disturbance within 100 ft. of a designated wetland (requires Planning Board review). Lot 5 proposes to have access to Michaels Drive through an easement on Lot 6. Relief requested from road frontage requirements for direct access on a public street. SEQR Type II-no further review required; A public hearing was advertised and held on Wednesday, February 26, 2014; 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? 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: Wednesday, February 26, 2014 Area Variance Application No. 10-2014, Matthew& Sammantha Ball 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/ DENY Area Variance No. 10-2014 Matthew & Sammantha Ball, Introduced by , who moved for its adoption, seconded by As per the resolution prepared by staff with the following: A. <insert conditions> B. <insert conditions> 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 26th day of February 2014, by the following vote: AYES: NOES: Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh cc:Tom Center- Nace Engineering 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.) i