Zoning Board Agendas and Minutes

MINUTES OF THE COHOES ZONING BOARD OF APPEALS HELD IN THE COMMON COUNCIL CHAMBERS OF COHOES CITY HALL ON WEDNESDAY, NOVEMBER 24, 2014 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Randy Koniowka Mr. Mark Cotch Mrs. Joyce Baranski Mr. Francis Houle, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM OCTOBER 22, 2014. Chairman Hughes called the meeting to order at 6:30 pm. The Chairman asked the recording secretary to take attendance. Member Cotch moved to approve the minutes of October 22, 2014. Member Koniowka seconded the motion, roll of call was taken and the motion passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X Frank Houle X Mark Cotch X CONSIDERATION OF A PARKING AREA VARIANCE FOR A FOURTH UNIT AT 79 LANCASTER STREET Shahyer Hussain sought permission to rent a fourth unit at 79 Lancaster Street. The structure is listed as a three family in the assessor’s records. The City’s Zoning Code section 285-87 prohibits building alterations that would increase the degree of parking nonconformity. Similarly, section 285-82A requires full compliance with the current parking regulations at the time applicants increase capacity of a structure. In this instance, adding a residential unit would require the applicant to meet the current zoning code. Under section 285-88I, residential units require two parking spaces per unit, eight spaces total. Mr. Hussain argued that whether the two units are merged into a six bedroom apartment or rented as two separate units the same number of people would occupy the space and park vehicles the same number of vehicles on the street. However, Chairman Hughes countered that the zoning code bases parking requirements on number of units, not occupancy of each apartment which is determined by room sizes under NYS Property Maintenance Code. The Board can only consider the variance from the local zoning code. At the last meeting Mr. Hussain presented to the Board a site plan of the property with a proposal of six parking spaces. The drawing did not include parking space dimensions or turn radii. The Traffic Commission engineer reviewed the plans, finding that the proposal does not address \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.24.2014.doc ownership of the land, parking details, snow storage, emergency access or turn radii which appears to impermissibly deposit at least one vehicle onto private adjacent property. In addition, the parking lot proposed removes as many on-street parking spaces as it provides off-site. Mr. Hussain reiterated his claim that the units are 900 sq ft each. Therefore merging two units would create one apartment too large for rental. However, the applicant submitted floor plans for his building permit that reflect approximately 600 sq ft - smaller units than he is claiming. He persisted in his argument that he can’t charge twice as much for the one unit as he would obtain from each half unit. However, the applicant has failed to show sufficient hardship to counter the neighbor’s concern. Chairman Hughes pointed out the applicant purchased the property for $50,000 and rents the three units for at least $850 a month each unit. Member Baranski added that an MLS search shows that the three unit at 79 Lancaster Street is the only three unit on the block. Otherwise, the street is full of single and two family homes. There aren’t any four unit structures. As a result, the neighbors expect a certain quality of life that a four unit would impair. Next, Mr. Hussain claims to have invested $100,000 in the building. However, a building permit pulled on March 27th of 2014 listed a total construction cost of only $8500 for lath and plaster, plumbing and electrical work. Ms. Cherubino added that much of the construction on the interior was conducted without a building permit. Neighbors complained to City Officials of men working in the building at night with Salamander heat lamps lighting the interior. The applicant did not have a building permit. Code Enforcement posted the building, talked to the contractors and reached out to the applicant. However, work continued without a permit for several weeks. Therefore, it is unclear when the building physically became a four unit. In summary, the applicant failed to show a significant hardship and exhibited an inability to mitigate the parking density issue with any off-street parking spaces. As a result, Member Baranski moved to deny the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X Frank Houle X Mark Cotch X Member Koniowka moved to adjourn at 7:25 PM seconded by Member Baranski. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.24.2014.doc