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, June 27, 2018 MEMBERS PRESENT: Mr. Michael Briggs, Chairperson Ms. Joyce Baranski, Vice Chairperson Mr. Mark Cotch Mr. Paul Heroux MEMBERS ABSENT: Mr. Gary Sawyer ALSO PRESENT: Robyn Reynolds, Deputy Director of Economic Development & Planning CONSIDERATION OF THE MINUTES FROM MAY 23, 2018 Chairperson Briggs called the meeting to order at 6:25 pm and the consideration of the May 23, 2018 meeting minutes passed unanimously after a motion by Member Heroux seconded by Member Cotch. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer Paul Heroux X Consideration of Area Variance for a shed at 3 Willowbrook Lane Chairperson Briggs read the proposal stating that the applicant is seeking an area variance to install a shed in the backyard of his property at 3 Willowbrook Lane. The property is located in the R-1 Residential Zoning District which permits sheds as an accessory building, so long as there is a front setback of 50’ and side and rear setbacks of 10’. The applicant proposes to install the shed 1’ from the side of the property and approximately 1’ from the rear of the property and is therefore asking for a 9’ variance from the side and rear setbacks. The proposed shed would be screened by a neighbor’s fence on the side of the property as well as a fence at the rear of the property which abuts the road. Chairperson Briggs noted that the zoning code states in Schedule B. Zoning Schedule of Area and Bulk Regulations that accessory buildings in the R-1 District must have 50’ front setbacks and 10’ setbacks from the side and rear of the property. Chairperson Briggs stated that as this is an area variance within 500’ of the municipal boundary, this project would need to go in front of the County Planning Board for review. Chairperson Briggs then read the issues which must be considered for each area variance and noted that this would apply to all matters in front of the Zoning Board of Appeals for which an area variance was being considered. The applicant approached the Zoning Board of Appeals and described the shed, which would be a 8’ by 12’ wooden shed that would be installed at the rear of the property where a recent owner had a shed. The neighboring property has a shed in the same location. Chairperson Briggs asked the applicant if there was any way to move the shed, to which the applicant responded no. Chairperson Briggs asked if the zoning letters had been sent out which R. Reynolds confirmed. Chairperson Briggs asked if there had been any responses to which R. Reynolds said no. Chairperson Briggs asked if there were any questions and there were none from the Board. Chairperson Briggs made a motion to approve the variance. Member Heroux seconded the motion. Motion Carried. R. Reynolds noted to the applicants that their application would need to be reviewed by the County Planning Board and that dependent on the recommendation, they would be able to move forward with installing the shed. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer Paul Heroux X Consideration of Area Variance for a private swimming pool at 113 Continental Chairperson Briggs read the proposal stating that the applicant is seeking an area variance to install an above-ground A Frame private swimming pool adjacent to the single family home at 113 Continental Avenue which is in the R-2 Residential Zoning District. Swimming pools are permitted with a special use permit from the City Planning Board but are required to have a 10’ setback from the rear and sides of the property line and at least 50’ setback from the front property line. Chairperson Briggs noted that the lot is a corner lot and that the pool would sit 13’ from the front property line and therefore, the applicant would need a 37’ variance. The applicant explained that it is a single family home and that they would like to install the swimming pool. The applicant noted that they used to have a chain link fence and now it is a privacy fence but they have had no problems and have talked with all the neighbors about the proposed pool. Chairperson Briggs confirmed that the front of the house is on Continental which the applicant confirmed. Member Cotch asked if the pool would be closer to the garage or the house, to which the applicant stated it would be closer to the house. Chairperson Briggs noted that the Google Earth image displayed a pool previously in that location and the applicant confirmed it was a previous owner and that they have had no neighbor complaints about this proposal. Chairperson Briggs stated he saw no issue with this proposal. Member Cotch made a motion to approve the variance. Vice Chairperson Baranski seconded the motion. Motion Carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer Paul Heroux X Consideration of Use Variance at 63 Canvass Chairperson Briggs read the proposal which noted that the applicant was seeking a use variance to install an A Frame above ground private swimming pool adjacent to the detached row building at 63 Canvass Street within the Mixed-Use District (MU-1) and the Historic Overlay District. The proposed pool would be located 10’ from the side of the property and 10’ back from the rear of the property. The applicant is also installing a fence around the sides and rear of the property. Chairperson Briggs stated that this is a use variance and read aloud the conditions for a use variance to be granted. The applicant approached the Zoning Board of Appeals and Chairperson Briggs asked about the use of the pool and whether or not it was next to the warehouse building. The applicant confirmed that his property is next to the warehouse and that his neighbor had no issue with the pool. Member Cotch made a motion to approve the variance. Member Heroux seconded the motion. Motion Carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer Paul Heroux X Consideration of Area Variance at 17 Continental Chairperson Briggs read the proposal which noted that the applicant is seeking an area variance to install a shed in the backyard of her property at 17 Continental Avenue. The property is located in the R-2 Residential Zoning District, which permits sheds as an accessory building, so long as there is a front setback of 50’ and side and rear setbacks of 10’. The applicant proposes to install the shed 6’ from the side of the property and approximately 2’ from the rear of the property and therefore is requesting a 4’ variance and 8’ variance respectively. The applicant approached the Zoning Board of Appeals and noted that the shed without the variance would be in the middle and the current placement would be the least invasive. The applicant showed several photos of the proposed location to the Board. Member Cotch asked where exactly the shed would be located. The applicant noted it would be on the Melville Avenue side of the property. Member Cotch asked if the neighbors were ok with the shed being installed and the applicant answered affirmatively. Member Cotch asked about drainage resulting from the shed being installed and the applicant noted that the shed would have a gabled roof and this would mitigate that issue. R. Reynolds noted there was one call regarding the proposed variance, but that the caller seemed confused about the project location. Chairperson Briggs made a motion to approve the variance. Member Cotch seconded the motion. Motion Carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer Paul Heroux X Being no further business Chairperson Briggs made a motion to adjourn the meeting at 6:44 p.m. Member Cotch seconded the motion. Motion Carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski Mark Cotch X Gary Sawyer X Paul Heroux X