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, July 28, 2021 AT 6:30 PM MEMBERS PRESENT: Mr. Greg Mollnow, Chairperson Mr. Mark Cotch Ms. Carolyn Dion Mr. Anthony Kusaywa, Vice Chair Ms. Jacqueline DeChiaro MEMBERS ABSENT: None ALSO PRESENT: Joseph Seman-Graves, City Planner Joseph Moloughney, Non-Voting Alternate Chairperson Mollnow; we will call the meeting to start at 6:34PM. Roll Call taken; all members present CONSIDERATION OF THE MINUTES FROM THE MAY 26, 2021 MEETING Member Cotch; I’ll make a motion to approve the minutes Vice Chair Kusaywa; I’ll 2nd All in favor, motion carried unanimously YES NO ABSTAIN Greg Mollnow X Mark Cotch X Anthony Kusaywa X Carolyn Dion X Jacqueline DeChiaro X CONSIDERATION OF (3) AREA VARIANCES FOR 110 HEARTT AVENUE Chairperson Mollnow: Next on the agenda is a request for multiple area variances at 110 Heartt Avenue. The applicant is seeking to create a private writer’s studio in a 9’6”x36’ tiny house on wheels with a concrete pad foundation and concrete footings for a deck. The applicant also seeks to install a pocket park at the street front with a free library and reading garden for public use. The intent of the Residential District-2 is to encourage the long-term stability of existing traditional neighborhoods where a diverse mix of single-family, two-family, and multifamily housing currently exists in the City of Cohoes; and to protect the health, safety and general welfare of those residing within the district. The setbacks in the R-2 district are as follows: front yard setback of 50’, a side yard setback of 10’, and a rear yard setback of 10’. The applicant seeks (3) area variances as follows: The applicant seeks a 5’ relief from the required 10’ side-yard setback on the applicant’s Easterly property line where the proposed THOW and deck are located, less the area containing the proposed shed. The applicant seeks a 5’ relief from the required 10’ rear setback on the applicant’s Southerly property line where the proposed THOW is located. The applicant seeks a 7’ relief from the required 10’ side-yard setback on the applicant’s Easterly property line where the proposed shed is located. In order for the board to grant a variance, we must consider the following points: (1) the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant; (2) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (3) whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, other than an area variance; (4) whether the requested area variance is substantial; (5) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (6) whether the alleged difficulty was self-created. At this time would the applicant like to describe the project? Ms. Rhonda Rosenheck: Yes, thank you and hello. My project will be a reading studio on an awkward sized lot that we recently purchased from the Albany County Land Bank. We will also have a reading garden, benches, art work, poetry writing, and a free tiny library. The property is across from the woods that are adjacent to Heartt Ave Park, so this space is really unique and offers tranquility for my purposes, and I’m excited to be able to share that with the community. We will also be putting a privacy fence up. (The applicant outlines the three requested variances). The requested variances in my opinion would not impact any other surrounding properties, rather they would give myself and the other property owners that have housing closer to my property that little bit of breathing room that would really benefit this project. Member Cotch: Is the Tiny House on Wheels winterized? Ms. Rhonda Rosenheck: Yes. There are two sources of heat, and the THOW is sealed very tight. Member Cotch: Will the THOW have running water and a sewer connection? Ms. Rhonda Rosenheck: Yes. The property will have solar, an electric hookup, sewer & water. There will also be a rain water barrel so we can use that for the gardens. It should be fun! Chairperson Mollnow: It seems like a tight fit. Are you going to be able to get the THOW on the lot? Ms. Rhonda Rosenheck: Yes. We intentionally left the exterior of the THOW unfinished in order to back it onto the property without damaging it. Chairperson Mollnow: Have you heard anything from the neighbors? Ms. Rhonda Rosenheck: I personal reached out to the neighbors prior to the three Planning Board meetings and this Zoning Board meeting, all of which the neighbors were also informed of. The adjacent neighbor is very excited as they are also avid gardeners. I have yet to meet the other neighbors, except for the renters next door. The people I have spoken with have been lovely. Chairperson Mollnow: Any other comments? Joseph Seman-Graves: No other comments were sent in for either the Planning or Zoning meetings on this agenda item. Member DeChiaro: I have a few things. First of all, this is a residential neighborhood with no other mixed-use facilities within two blocks of the site. The applicant is seeking a 5 foot relief and 7 foot relief from the 10 feet set back requirement. I believe this is a substantial request, it is 70% and 50% of our requirement. I believe this project and the variance request does produce an undesirable change to the character of the neighborhood. It will be the only trailer in a residential neighborhood of single and multi-family homes. The public space proposed will attract people to sit at and congregate in a space that is close to the neighbors’ homes. Heartt Park is directly across the street, available to anyone who wants to sit and read. We already have two free libraries on the Island and I don’t see a need for any others. This project is creating a mixed use plot of land with public use in an otherwise completely residential neighborhood. Our code states for public use in an R2 district you need 10,000 sq. ft. this is 3100. Chairperson Mollnow: I would like to remind the Board members that the variances we are reviewing only pertain to the setbacks and not the use. Is here any reason why you wouldn’t move the building? Ms. Rhonda Rosenheck: Yes, (pointing to the site plan) moving either side would intrude on the neighbors. The properties (on the left) side have a used backyard while the other side has nothing. To deny the variance would cause me to infringe on the folks who have a useable backyard, and the other way would cause the neighbor to remove their fence – as the fence is about 3’ on my property line. Member DeChiaro: I appreciate you saying that there is no activity to the East, but these are rentals. These people may move and new renters may move in that want to use the property. Chairperson Mollnow: Joe. Just to confirm, all of the property owners received letters, correct? Joseph Seman-Graves: Yes. Chairperson Mollnow: Can you explain why this went through as a Special Use Permit. Joseph Seman-Graves: Sure. The applicant came before the Planning Board, a few times actually, prior to purchasing the property from the Albany County Land Bank in order to get a preliminary notion on an approval being granted for her proposed use – prior to purchasing the property. The Planning Board looked at this project in a very progressive manner, identifying the proposal as a mixed-use project since Ms. Rosenheck is proposing a public reading area in addition to the private writing studio. Mixed-Use facilities and/or properties are permitted in the R-2 district by way of a Special Use Permit, which is what the Planning Board ultimately granted at their July 2021 meeting. A Special Use Permit runs with the applicant and their proposed use, rather than the land. So for instance, if Ms. Rosenheck sells this property down the line, the future owner would have to apply for a Special Use Permit in order to maintain the proposed use. Ms. Rhonda Rosenheck: I would also like to add that I had met with Theresa (Theresa Bourgeois, Director of Operations for the City of Cohoes) about the tiny library prior to the other libraries going in, and she was very enthusiastic about the idea. Member Moloughney: Respectfully, I would have to disagree with you (looking at Member DeChiaro). The lot is useless for all conventional uses, and not much else will be able to be done with it. So I see this project as a general benefit to the community and especially the neighboring properties. The notion of opening the land to the public is admirable. Most other properties in that area encroach on property lines as they are older, pre-existing non-conforming buildings and lots. I don’t see what the deterrence would be. Member DeChiaro: That’s why it’s unbuildable. Member Moloughney: So you would leave it vacant? Member DeChiaro: Yes. It’s not a bad option to have greenspace. Member Moloughney: I have to once again disagree. If that was the case then the City would have purchased it. Since they did not, we can’t put an expectation on the current property owner that this parcel should be used as greenspace. Also, the applicant is proposing to use a portion of this lot as greenspace. Member DeChiaro: Well I would not consider a trailer suitable in a multi-family area. I don’t know if adding mobile homes is a way to bring an area up, and we have a mobile home policy. Member Dion: Is the THOW already built? Ms. Rhonda Rosenheck: Yes. It was built by an architectural firm. Member Dion: You may not have needed variances if it was built for the space. Ms. Rhonda Rosenheck: I understand what you are saying. However, I can tell you that it is very beautiful and it was crafted with love. Chairperson Mollnow: will the THOW be able to move? Ms. Rhonda Rosenheck: No. It will be fixed to the foundation. It is not meant to move. Vice Chair Kusaywa: It doesn’t seem like you will be able to see much of it from the street. Ms. Rhonda Rosenheck: That’s accurate. The fencing (both privacy and decorative) will really make it so there is low visibility of the THOW from the street – creating visual privacy for me. Chairperson Mollnow: Has National Grid been contacted about moving the guide wires? Ms. Rhonda Rosenheck: Yes. There were no objections on their end to do this work. Chairperson Mollnow: Great. If there are no other questions at this time, then I would like to move onto voting on the variances, and I would like to separate the three requests. First, regarding the 5’ requested variance on the East property line, I would like to make a motion to approve the requested area variance as I believe the new and existing fencing will reduce any potential obstructions. Member Cotch: I’ll second the motion. YES NO ABSTAIN Greg Mollnow X Mark Cotch X Anthony Kusaywa X Carolyn Dion X Jacqueline DeChiaro X Chairperson Mollnow: Motion passes. Next, let’s move onto the requested 5’ rear property line setback. I would like to make a motion to approve a 3’ variance in the rear, rather than the 5’. Member Dion: I will second that motion. YES NO ABSTAIN Greg Mollnow X Mark Cotch X Anthony Kusaywa X Carolyn Dion X Jacqueline DeChiaro X Chairperson Mollnow: Motion passes. Let’s move on to the requested 7’ variance for the proposed shed on the eastern property line. I would like to make a motion to deny the 7’ variance. Vice Chair Kusaywa: I second that motion. YES NO ABSTAIN Greg Mollnow X Mark Cotch X Anthony Kusaywa X Carolyn Dion X Jacqueline DeChiaro X Ms. Rhonda Rosenheck: Can I ask if the shed may be placed in the other two approved setbacks? Chairperson Mollnow: Yes, it may be placed in the approved setbacks. Ms. Rhonda Rosenheck: It would seem to me that many of my neighbors have sheds placed along their property lines. I certainly don’t want to disrupt the neighbors, but a shed on the property would be helpful to keep my gardening tools and equipment stored within. I would love to try and nail down a solution while we are all here. Chairperson Mollnow: Members, would anyone be open to approving any other setbacks for the shed? Member Cotch: I have no issue with a 3’ setback. Chairperson Mollnow: Any other comments? Vice Chair Kusaywa: 3’ would be fine. Member Cotch: I’ll make a motion to approve a 3’ variance for the shed. Vice Chair Kusaywa: I’ll second that. YES NO ABSTAIN Greg Mollnow X Mark Cotch X Anthony Kusaywa X Carolyn Dion X Jacqueline DeChiaro X Chairperson Mollnow; ok with that I’ll call the meeting to adjourn at 7:13PM.