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TOWN OF NISKAYUNA
ZONING BOARD OF APPEALS
One Niskayuna Circle
Niskayuna, New York 12309-4381
The Zoning Board of Appeals of the Town of Niskayuna will conduct a regular meeting on WEDNESDAY, October 19, 2005 at 7:00 P.M. in the Town Board Meeting Room, Town Hall, One Niskayuna Circle, Niskayuna, New York, to consider the following matters:
1. The appeal of Fred Booth, 1007 Highland Park Road, Niskayuna, New York, for variances from Section 220-18 A (2), Section 220-18 B (1), Section 220-18 B (3) (a) and Section 220-13 Schedule I-C of the Zoning Ordinance of the Town of Niskayuna for the construction of a 30’X 22’, 660 square foot garage/patio to replace an existing 20.3’ X 20.4’, 412 square foot garage on the property noted above. The property is located in the R-2: Medium Density Residential Zoning District. The property is a corner lot and fronts on Highland Park Road and Millington Road resulting in two front yards. Accessory
Structures-Section 220-18 A (2) states that “accessory structures are not permitted in the front yard of any lot”. As proposed, the new garage will be located within one of the front yards. Therefore, a variance from this section is required. Area of Coverage of Accessory Structures-Section 220-18 B (1) states that “the total area of coverage by accessory structures shall not exceed 30% of the allowed area of coverage of the minimum permitted lot size in the R-1, R-2, or R-3 Districts or actual lot size, whichever is smaller”. As applied, the allowed area of coverage is based on the minimum lot size and is 810 square feet. There already exists 1177 square feet of accessory structures (garage, pool & gazebo) on the property, as allowed by a previously granted variance. The proposed accessory structure, including the removal of the existing garage, adds 248 square feet, thus making the total accessory structure area of coverage
1425 square feet. Therefore, an additional 248 square foot accessory structure area of coverage variance is required. Accessory Structures – Section 220-18 B (3) (a) states that “For corner lots, the setback from the street shall be the same for accessory structures as applies to the principal building”. As applied, Section 220-13, Schedule I-C requires a thirty (30) foot minimum front yard setback. As proposed, the new garage would be twenty (20) feet from the front property line. Therefore, a ten (10) foot variance from the front property line is required.
2. The appeal of Julie and Jordan Lohre, for a variance from Section 220-13, Schedule I-B of the Zoning Ordinance of the Town of Niskayuna, for the construction of a 12’ X 12’ kitchen addition on the property noted above. The property is located in the R-1: Low Density Residential Zoning District. Section 220-13, Schedule I-B requires a twenty (20) foot minimum side yard setback. As proposed the kitchen addition would be located approximately seventeen feet-six inches (17’6”) from the side property line at its closest point; therefore, a two foot-six inch (2’6”) side yard setback variance is
required.
3. The appeal of Michael Landis, 519 Riverhill Boulevard, Niskayuna, New York, for variances from Section 220-18 B (3)(b) and Section 220-13, Schedule I-A of the Zoning Ordinance of the Town of Niskayuna for the construction of a 12’ X 16’ shed on the property noted above. The property is located in the R-R: Rural Residential Zoning District. Accessory Structures: Section 220-18 B (3) (b) states that the required side and rear yard dimensions for major accessory structures shall be the same as applies to the principal building. The definition of a major accessory structure being a detached structure in excess of
120 square feet in area. The proposed shed square footage is 192 square feet and is therefore a major accessory structure. Side Yard set-Back: Section 220-13, Schedule I-A typically requires a minimum 75 foot side yard setback in the R-R District, but, since this development was approved as an Average Density Development with a minimum 25 foot side yard; 25 feet becomes the required yard setback. As proposed, the shed would be located 8 feet from the side property line; therefore, a 17 foot side yard setback variance is required.
4. The appeal of William Leader, 18 Norwood Way, Niskayuna, New York, for a variance from Section 220-13, Schedule I-B of the Zoning Ordinance of the Town of Niskayuna for the construction of a 24’X 13’ garage addition on the property noted above. The property is located in the R-1: Low Density Residential Zoning District. Section 220-13, Schedule I-B requires a twenty (20) foot minimum side yard setback. As proposed the garage addition would be located approximately seven (7) feet from the side property line at its closet point; therefore, a thirteen (13) foot side yard setback variance is required.
5. The appeal of Robert Brandolino, 5 Cyndi Court, Niskayuna, New York, for a variance from Section 220-18 B (2) of the Zoning Ordinance of the Town of Niskayuna for the construction of an 80 square foot pool house/shed on the property noted above. The property is located in the R-1: Low Density Residential Zoning District. Section 220-18 B (2) states that there shall not be more than three accessory structures on a lot if one of the accessory structures is a fence; otherwise, there shall not be more than two accessory structures on a lot. There already exist two (2) accessory structures; a pool and a shed on the property. Therefore, the
proposed shed requires a variance for an additional accessory structure.
6. The appeal of Raymond Tannatta, 989 Balltown Road, Niskayuna, New York, for a variance from Section 220-13, Schedule I-A of the Zoning Ordinance of the Town of Niskayuna for the construction of a single-family dwelling on the property located at 832 Middle Street. The property is located in the R-R: Rural Residential Zoning District. Front and Rear Yards: Section 220-13, Schedule I-A requires a minimum front yard setback of seventy-five (75) and a minimum rear yard setback of seventy-five (75) feet in the R-R District. As proposed, the new single-family dwelling would be located approximately 62 feet from the rear property
line and 53 feet from the front property line. Therefore, a 13 foot rear yard setback variance and a 22 foot front yard setback is required.
7. The appeal of Glenn Breuer, 2201 Rosendale Road, Niskayuna, New York, for a variance from Section 220-13, Schedule I-B of the Zoning Ordinance of the Town Of Niskayuna for the construction of a 14’X 15’ deck addition on the property located at 36 Oakmont Street. The property is located in the R-1: Low Density Residential Zoning District. Section 220-13, Schedule I-B requires a twenty-five (25) foot minimum rear yard setback. As proposed the deck will be located approximately twenty-two (22) feet from the rear property line; therefore, a three (3) foot rear yard setback variance is required.
8. The appeal of Joan M. Paulsen, 888 Benedict Street, for variances from Section 220-18 B (3)(b) and Section 220-13, Schedule I-A of the Town of Niskayuna for the construction of a 10’ X 16’ shed on the property noted above. The property is located in the R-R: Rural Residential Zoning District. Section 220-18 B (3) (b) states that the required side and rear yard dimensions for major accessory structures shall be the same as applies to the principal building. The definition of major accessory structure being a detached structure in excess of 120 square feet in area. The proposed structure is 160 square feet. Rear
Setback: Section 220-13, Schedule I-A requires a minimum 75 foot rear yard setback in the R-R District. As proposed, the shed would be located 25 feet from the rear property line; therefore, a 50 foot rear yard setback variance is required. Side Setback: Section 220-13, Schedule I-A requires a minimum 25 foot side yard setback in the R-R District. As proposed, the shed would be located 10 feet from the side property line, therefore, a 15 foot side yard setback variance is required.
9. The appeal of Harold Hatkoff, 897 Cunningham Court, Niskayuna, New York, for variances from Section 220-13, Schedule I-E and Section 220-19H(1) of the Zoning Ordinance of the Town of Niskayuna for the application for site plan review for the reuse of the property located at 3428/3434 State Street as a professional/medical office. The property is located in the C-H: Highway Commercial Zoning District. Minimum Lot Area Section 220-13, Schedule I-E, requires a minimum lot size of 30,000 square feet for professional/medical offices in the C-H: Highway Commercial Zoning District. The existing site is 24,288
square feet therefore, a 5,712 square foot area variance is required. 2. Front Yards Section 220-19H(1) states that off street parking shall not be permitted between the front building line and the street line except in driveways of residential lots. As indicated on the site plan there are 8 parking spaces along State Street between the street line and building line. Therefore a variance from this section is required.
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