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, MAY 22, 2019 AT 6:30 PM MEMBERS PRESENT: Mr. Michael Briggs, Chairperson Ms. Joyce Baranski, Vice Chairperson Mr. Mark Cotch Ms. Mary Shanks MEMBERS ABSENT: Mr. Paul Heroux ALSO PRESENT: Robyn King, Deputy Director of Economic Development & Planning CONSIDERATION OF THE MINUTES FROM APRIL 24, 2019 MEETING Chairperson Briggs called the meeting to order at 6:30 pm and asked for the Board to review and comment on the April 24, 2019 meeting minutes. There being no questions, Member Cotch made a motion to approve the meeting minutes, which Vice Chairperson Baranski seconded and the motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Paul Heroux Absent Mary Shanks X CONSIDERATION OF AN AREA VARIANCE FOR AN ADDITION TO A SINGLE FAMILY HOME AT 10 FULTON STREET Chairperson Briggs read aloud the proposal which noted that the applicant was seeking an area variance for an addition to the home that would measure 20 feet by 24 feet which would sit 11.6 feet from the rear property line and three feet from the side property line on the western side of the property. Chairperson Briggs noted that the home was in the R-2 zoning district and that the owner of the property is Michael Changa. Chairperson Briggs noted the six conditions that the Board must consider when reviewing area variances, which would apply to all area variances on the agenda for the evening. Mr. Changa approached the Board and noted that he currently has four children who are living in a three bedroom house and is adopting three children in June. He explained that he needs more bedrooms and that he owns all of the land to the east of the house and that it’s a dead-end street. Mr. Changa pointed out that that the back of the house abuts a neighboring garage and that the current house is already three feet from the property line to the west, so the addition would just extend back to the current line of the house. Chairperson Briggs pointed out that single family homes typically need at least 5 to 10 feet in the front in the R-2 District, 10 from the side, and 20 feet from the rear so the variance would be for 9.4 feet on the rear and 7 feet from the side. Chairperson Briggs asked if there was anyone in the audience to comment, which there were none. Chairperson Briggs asked Mr. Changa if he had talked to the neighbors about this proposal, and Mr. Changa said he did and that everyone that he’s spoken with thinks that the addition would be an improvement to the property. Chairperson Briggs noted that for the pre-existing house, the 3 foot buffer between the house and the property line was grandfathered. Chairperson Briggs asked if there were any questions, and Vice Chairperson Baranski noted that she knew the area and thinks it’s a great area for kids. There being no further questions, Chairperson Briggs made a motion to approve the two variances, one for a 7 foot variance from the side setback requirement on the west side of the property and a 9.4 foot variance for the rear setback, and Member Cotch seconded the motion. The motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Paul Heroux Absent Mary Shanks X CONSIDERATION OF AN AREA VARIANCE FOR A PRIVATE SWIMMING POOL AT 30 LARK STREET Chairperson Briggs noted that the applicant was proposing to install an in-ground swimming pool that would measure 8 feet by 10 feet located at 30 Lark Street. Chairperson Briggs noted that the applicant was requesting a three foot variance as the pool would sit 7 feet from the property line on the northern side of the property. Chairperson Briggs noted the applicant was Karen Orlyk and that the property was in the MFR district where private swimming pools are allowed so long as they meet the setback requirements. Ms. Orlyk noted it would be a very small pool and would not require a lot of maintenance. Ms. Orlyk noted that she has a patio that extends roughly 20 feet from the house and that the northern side of the property is where she has a neighbor as the southern side of the property has a garage. Chairperson Briggs asked R. King if she had received any calls and R. King noted that one neighbor called and she explained the setbacks and the neighbor noted that he had no issues. Chairperson Briggs asked if anyone had any questions, and there being none, Vice Chairperson Baranski made a motion to approve the 3 foot variance for the northern side of the property for the private swimming pool, which was seconded by Chairperson Briggs and the motion passed unanimously. YES NO ABSTAIN Michael Briggs X  Joyce Baranski X Mark Cotch X Paul Heroux Absent Mary Shanks X CONSIDERATION OF AN AREA VARIANCE FOR A MIXED-USE BUILDING WITH FOURTEEN RESIDENTIAL DWELLING UNITS AT 122 REMSEN STREET Chairperson Briggs read the proposal aloud which noted that the applicant was proposing to convert a mixed-use building located at 122 Remsen Street into continued mixed-use with a commercial space for a microbrewery on the first floor and fourteen residential dwelling units on the second and third floors of the property. Chairperson Briggs stated that all uses are currently allowed in the mixed-use downtown core district, however, the proposal for fourteen residential dwelling units exceeds the maximum allowable by four units. Chairperson Briggs noted that the parking lot associated with the development has seventy parking spaces and is surrounded by municipal and off-street parking. Mr. Daniel Oh, the applicant, gave a quick overview of the project noting that it’s the old Lingualinx building and that he is looking to renovate the space to host a commercial space on the bottom floor with adaptive re-use with apartments on the second and third floors. He noted that the average unit will range from 700 square feet to 1,000 square feet and there will be primarily one-bedroom apartments with some two-bedroom units. Mr. Oh noted that this will be consistent with other mixed-use buildings located in the downtown area. He noted that this project will be a little less dense with the associated parking. Chairperson Briggs asked about the microbrewery proposal which was approved by the Planning Board, and Mr. Oh noted that the prospective tenants for the space had been home-brewing but were planning to open in the fall. Chairperson Briggs asked if they would have a bar, and Mr. Oh noted that they were planning on a tasting room. Chairperson Briggs stated that for the additional units, the main concern would be parking, but that that’s well addressed and that he hopes that Cohoes at some point has a real parking problem as that shows growth in the downtown. There being no additional questions, Member Cotch made a motion to approve the area variance for four units in addition to the ten that are currently allowed under City Zoning Code, and Chairperson Briggs seconded the motion. The motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Paul Heroux Absent Mary Shanks X Adjournment There being no further business, Chairperson Briggs made a motion to adjourn the meeting at 6:45 pm, which was seconded by Member Cotch and passed unanimously.