Loading...
Staff Notes Town of Queensbury Zoning Board of Appeals • Community Development Department Staff Notes Area Variance No.: 42-2014 Project Applicant: Dawn & Andy Pliscofsky Project location: 631 Route 149 Meeting Date: May 28, 2014 Description of Proposed Project:I Applicant proposes construction of a 250 sq. ft. residential addition. Relief requested from minimum front yard setback requirements and for expansion of a nonconforming structure in the RR-3A zoning district. Relief Required:I Parcel will require area variances from the following sections 179-3-040 Establishment of districts and 179-13-010 Continuation: Front Setback Required 100 ft Proposed 53.23 ft • Relief 46.77 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 the house on the property and the zoning setback requirements for a home constructed prior to zoning. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code requirements. 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 impacts 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 not self created as the house was built prior to zoning and due to the shape of the lot a majority of the existing home does not meet the required setback. Parcel History (construction/site plan/variance, etc.): AV 102-92: 400 sq. ft. addition to the living room. 19' front setback relief, 10-21-92 BP 11-465: 160 sq. ft. shed, 10-3-12 Staff comments:I The applicant proposes to construct a 250 sq ft residential additional to an existing home. The addition does not meet the required front yard setback. The applicant has indicated the addition will help with enlarging the kitchen and another bath. The applicant has provided plans that show the location of the addition, floor plan of the interior, and elevations. [SEQR Status: Type II • Zoning Board of Appeals Community Development Department Staff Notes RXDate/Time 05/16/2014 11:41 P.010 05/16/2014 11:44 (FAX) P.010/018 May14-10 Warren County Planning Department Project Review and Referral Form Reviewed by Department on May 15, 2014 Project Name: Pliscofsky, Dawn and Andy Owner: Dawn and Andy Pllscofsky ID Number: QBY-14-AV-42 County Project#: May14-10 Current Zoning: RR-3A Community: Queensbury Project Description: Applicant proposes construction of a 250 sq ft residential addition. Relief requested from minimum front yard setback requirements and for expansion of a nonconforming structure. Site Location; 631 Route 149 Tax Map Number(s): 278.00-1-43 Staff Notes: The Issues here appear to be of a local nature involving local issues without any significant impacts on County properties or resources. Staff recommends no county impact based on the information submitted according to the suggested —— - review-criteria•of-NYS-General-Municiaal-Law-Section-239-L-applied-to the-proposed-project.- ---- Local actions to date(if any): County Planning Department: NCI Local Action:/Final Disposition: �c/ f 4 War n County Planning Department Dat Signe Local Official Date Signed • PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION 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: Dawn & Andy Pliscofsky PROJECT FOR: Dawn & Andy Pliscofsky 631 State Route 149 631 State Route 149 Lake George, NY 12845 ZBA Meeting Date: Wed., May 28, 2014 RESOLUTION TO: Approve / Disapprove , Area Variance No. 42-2014, Dawn & Andy Pliscofsky, 631 State Route 149, Tax Map No. 278.00-1-43 The Zoning Board of Appeals of the Town of Queensbury has received an application from Dawn & Andy Pliscofsky for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of Queensbury. Applicant proposes construction of a 250 sq. ft. residential addition. Relief requested from minimum front yard setback requirements and for expansion of a nonconforming structure in the RR-3A zoning district. SEQR Type II-no further review required; A public hearing was advertised and held on Wednesday, May 28, 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? 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; 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, May 28, 2014 Area Variance Application No. 42-2014, Dawn & Andy Pliscofsky Based on the above findings I make a MOTION TO APPROVE / DENY Area Variance No. 42-2014, Dawn & Andy Pliscofsky, 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 28th day of May, 2014, by the following vote: AYES: NOES: Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh 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.)