Town Of Clifton Park Zoning Board Agenda July 16, 2009

ZONING BOARD OF APPEALS AGENDA July 14, 2009 7:00 PM Roll Call: NEW BUSINESS: 1. An application from Belmonte Properties, LLC, requesting a use variance from Section 208-69(2) to construct a single family home in an LC zone of a previously approved subdivision, Oakwood Estates. (The entire proposed house was in the LC zone originally and due to a new delineation it appears that approximately half of the proposed house is now in the LC zone. (910 SF per the drawing) The size of the proposed structure is actually larger now (1829.1 SF) than was originally proposed (1800 SF)) If use variance is granted, two area variances will be required as follows: (1) from Section 208-70(A), which requires a minimum lot size of 100,000 sq. ft., the proposed lot is 20,504 sq. ft., variance required = 79,496 sq. ft.; and (2) from Section 208-70(D), which requires a side setback of 20 feet, 10 feet is proposed, variance required = 10 feet. The property is located at 16 Bonneau Road, Clifton Park, New York. (Permit #80730) 2. An application from Robert and Sylvia Phillips, (permit #80735) proposing to subdivide a single parcel into 3 parcels at 54-58 Clifton Country Road, Clifton Park. The current parcel is zoned B-2, a significant portion of which is considered to be part of a wetland and LC zone adjacent to the wetland. Area and use variances are required as follows:

Parcel #1 – LC Zone (B2 underlying zone – most restrictive to be used) 1.

Area Variance: 100,000 square feet required; proposed = 67,517 square feet – variance requested = 32,482 square feet;

2.

Front yard depth required = 80 feet; proposed = 125 feet – no variance required;

3.

Side yard required = 20 feet. No variance for structure needed since setbacks are greater than 20 feet, but setbacks for parking are needed, parking setback variance requested = 20 feet.

4.

10-foot planted buffer along side property line is required. Side property lines are in parking areas and therefore 10-foot variance is requested.

5.

Use Variance: In 1996, the use variance was granted for a “park” with “light food service.” 750 square feet of the building was to be for storage of maintenance equipment for the park. The park was to be maintained by the 501C, not for profit corporation and to be supported by the food service. The building was expanded from 1,500 square feet to 2,300 square feet in 2001. Currently, there is also approximately 1,300 square feet of outdoor seating for the restaurant that had submitted a proposal to enclose it for year-round seating. This would be 4,600 square feet of building from 1,500 in 1996, which requires an expansion of / or new use variance for a building that is not an allowed use.

Parcel #2 – (208-35D = B2 section for variances / 208-70 = LC section for variances. 1.

LC Zone area required = 100,000 square feet; B2 Zone area required = 40,000 square feet, 56,192 square feet is available – LC Zone variance requested = 43,808 square feet.

2.

Side yard setback requirement for LC Zone = 20 feet, 0 feet available – variance requested = 20 feet.

3.

Side yard setback required for B2 Zone = 25 feet, 0 feet available – variance requested = 25 feet.

4.

10-foot planted buffer along side and rear property lines is required. Side property lines are in parking areas and therefore 10-foot variance is requested.

5.

Building and parking shall not cover over 50% of lot area – B2 Zone. Coverage is estimated at 78% - variance requested = 22%.

6.

Use Variance: Parking lot is not an allowed use in an LC Zone – use variance required for parking.

Parcel #3 – Area variances required as follows: 1.

Property fronts on 2 roads. Front parking setback required = 70 feet, parking lot road extends to Clifton Country Road, setback = 0 feet, variance requested = 70 feet.

2.

Side and rear parking setback requirement = 25 feet, 0 feet is available on the north side – variance requested = 25 feet. Northeast corner has 10 feet available – variance requested = 15 feet.

3.

10-foot planted buffer along side and rear property lines is required. 0 feet is available on the north side – variance requested = 10 feet

3. An application from Gerald Currier, requesting a use variance from 208-43.2 (permitted uses) to allow a business involving boat sales and service, construction equipment sales and service in a hamlet / mixed use zone. They are believed to be a heavier commercial use than the zone was intended for. The property is located at 1111 Route 146A, Clifton Park, New York. (Permit #80736) 4. An application from David W. Bathrick, to build an accessory structure in a CR Zone, 10-foot setback is required for structures up to 15-feet high, proposed structure is 24 feet ± with a setback of 10 feet. Section 208-12 requires 1 additional foot of setback for every foot over 15 feet – variance requested = 9 feet. The property is located at 447 Schauber Road, Ballston Lake, New York. (Permit #80737) 5. An Application from Clifton Park Container Return, requesting a use variance from A217-296 – permitted uses for a planned development (PDD) district no. 38, known as North Country Commons, for a bottling can redemption center. The redemption center is believed to be too heavy a commercial use and not allowed in this PDD per the legislation. The underlying B-3 Zone (and B-1, B-2, R-1 and R-3) also does not support this use. The property is located at 1208 Route 146, Clifton Park. (Permit #80738) 6. An application from Justin M. Miazga, requesting an area variance of 40 feet for an above-ground pool at his residence which is in a PUD (Country Knolls West). Per 208-12, an 80-foot setback from the front property line is required for accessory structures. House is on a corner lot with two fronts. The property is located at 17 St. Andrews Drive, Clifton Park. (Permit #80739) 7. An application from Boni Enterprises, LLC, requesting an area variance from 208-11 which requires a 10-foot side setback for a primary structure (single family detached home). Applicant requests a reduction to a 6-foot side setback, variance requested = 4 feet. The property is located at 61 Blue Jay Way, Rexford. (Permit #80740) Approval of Minutes of June 2, 2009