Board of Zoning Appeals

CITY OF ALBANY MAYOR: KATHY M. SHEEHAN NEW YORK DIRECTOR: BRAD GLASS DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT: Board of Zoning Appeals Poulomi Sen & Sam Morreale bza@albanyny.gov Board of Zoning Appeals Public Workshop, Meeting, and Hearing Date: Wednesday, December 8, 2021 Location: Zoom Webinar; YouTube Livestream Time: 6:00PM In Attendance Richard Berkley, Jeff Quain, Paige Barnum, Serena Joyce, Adriana Le Blan, Martin Daley, Public Workshop Agenda Project #00451 Application(s) INT#009 Property Address 82 Euclid Avenue Applicant Jeffry L. Zimring Zoning District Residential, Single-Family, Low Density (R-1L) Proposal Construction of a retaining wall that exceeds four feet in height forward of the front wall plane of the building. Requests Interpretation of the term ‘grade’ and §375-406(8)(b)(i)(A) as applies to retaining walls. As per the USDO, definition of ‘GRADE, FINISHED’ is a natural surface of the ground, or surface of the ground after completion of any change in contour, abutting building or premises. As per the USDO Dimensional Standards, walls and fences may be located in any front yard or exterior side yard facing a street, provided that they are no more than four feet in height and no more than 60% opaque. Meeting Minutes Case presented to the Board by Planning Staff. Board’s discussion is summarized below: 1. Is this a retaining wall by necessity? 2. Can the applicant provide a rationale for why they would like the retaining wall to be measured from the front of the yard? 3. Are there any limits in height and construction requirement for when the City is measuring retaining wall? 4. Board would like the applicant to provided additional material on the necessity and decision to have a fence? 5. If the fence that sits on top of the retaining wall can be removed, would the variance still be required? 200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066  Board of Zoning Appeals Agenda December 2021 6. Is the retaining wall along the house front plane tall enough to require a variance? 7. Does the Planning Dept. have other cases where grade has been defined? 8. Can the applicant provide a reasoning for not having a fence along the back wall? 9. Board requires the CPO to write a memo detailing the interpretation. 10. Should the Board consider defining a retaining wall? 11. Board would like to know why the applicant is calling this structure a retaining wall? Has the applicant created a situation where they require a retaining wall? Public Meeting Agenda Project #00435 Application(s) AV#0096 Property Address 185 Henry Johnson Boulevard Applicant Roy’s Caribbean Restaurant Zoning District Mixed Use, Community Urban (MU-CU) Proposal 3 off-street parking spaces and 4 on-street parking spaces. (As per the USDO, 26 total parking spaces are required, after shared parking and proximity to transit reductions. Based on the proposed uses and provided parking/parking reductions, the project still requires 19 additional spaces to meet the standards of § 375-405(2)(a) ) Requests Area Variance - § 375-405(2)(1)(a)– Required off-street parking. Minimum required parking. In all zoning districts, off-street parking shall be provided in accordance with Table 375.405.1, Minimum Required Off-Street Parking, as adjusted by other provisions of this USDO. Meeting Minutes AV#0096 No Action Taken. Case presented by the applicant before the Board. Below information requested: Planning Staff to provide examples of restaurants that have been granted variance for parking with banquet facilities and similar operational requirements, since the USDO came into effect. Public Hearing Agenda Project #00424 Application(s) AV# 0079 Property Address 1053 Broadway Applicant Druthers Brewing Company II, Inc. Zoning District Mixed-Use, Form-Based, Warehouse (MU-FW) Proposal Construction of a 13-foot wide, 110 foot long deck in the public right-of-way. Page 2 of 3  Board of Zoning Appeals Agenda December 2021 Requests Rehearing of Area Variance – §375-402(1)(c)(vii)(G)(4)– to allow a front deck to extend into the right-of-way or any easement in a Mixed-Use; Form-Based zoning district. State Environmental Quality Review (SEQRA) Lead Agency Declaration Meeting Minutes AV# 0079 No Action Taken. Case presented by the applicant before the Board. Below information requested: 1. Is there a monitor that can be used to see the noxious fumes that are being breathed in? 2. What alternatives can be considered to meet the preferred line of sight and mitigate the visual impact to the trucks? 3. Provide the board the law review article that defines the community impact standard which determining the test of substantiality. SEQR - Board of Vote: 6-0-0. Zoning Appeals Motion to declare lead agency passed unanimously. Declares Lead Agency Unlisted action. Non-Actionable Pending Business Agenda Items NC # 0001 Application(s) NC# 0001 Property Address 36 Judson Street Applicant Hon. Jahmel Robinson, Common Council Representative, 5th Ward Zoning District MU-NE (Mixed-Use, Neighborhood Edge) Proposal Board of Zoning Appeals review of a nuisance complaint. Requests Board of Zoning Appeals Review – of a December 12th, 2019 complaint of Nuisance at 36 Judson Street to determine whether 36 Judson Street is a nuisance property. Page 3 of 3