Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, FEBRUARY 13, 2012 7:00 P.M. CITY COUNCIL ROOM PRESENT: Bill Moore; Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; George “Skip” Carlson STAFF: Susan Barden, Senior Planner CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:02 P.M. PLEDGE OF ALLEGIANCE ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word for word transcript of the recording. ANNOUNCEMENT OF ADJOURNED PROJECTS ADJOURNED ITEMS 5. #2642 MARKET CENTER/PRICE CHOPPER, 19 Railroad Place, area variance for a wall sign; seeking relief to exceed the maximum height for a logo and for placement above the first floor level of the building requirement in the Transect-6 District. 6. #2616.1 SIRO'S RESTAURANT, 168 Lincoln Avenue, modification to a previously approved area variance for construction of a 14.5 foot high acoustical fence in an Institutional Horse Track Related District. 7. #2628 5 EAST BROADWAY SUBDIVISION, 5 East Broadway, area variance for a proposed three-lot subdivision; seeking relief from the minimum mean lot width requirement for each of the three lots in the Urban Residential-2 District. 8. #2526 SUNOCO SIGN, 154 South Broadway, use variance to re brand existing gas station signs and canopies in a Transect-5 Neighborhood Center District; seeking relief from the maximum number of signs per parcel. 9. #2507 SIRO'S RESTAURANT, 168 Lincoln Avenue, interpretation and use variance to operate restaurant year round in an Institutional Horse Track Related District; seeking relief to exceed the 90 day restriction on the operation of the eating and drinking establishment. 10. #2355 CELLCO PARTNERSHIP AND VERIZON WIRELESS, 252 Washington Street, use variance for construction of a telecommunication facility in a Transect-5 District. NEW BUSINESS 1. #2645 SARATOGA QUALITY HARDWARE/EBI, 112 Excelsior Avenue, area variance for construction of an approximate 600 square foot one-story addition to the existing beverage center and to maintain an existing freestanding sign; seeking relief from the two-story minimum requirement for the addition and relief to exceed the maximum size requirement for a freestanding sign in a Transect-5 District. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Two story minimum Two story (in Approximately Additional 600 sq. ft 600 sq. ft. one story (3,000 sq. ft. exempt, excess of 6,600 sq. ft. one story one story area cumulative) 3,000 sq. ft.) structure Maximum square footage 12 sq. ft. 16.25 sq. ft. 16.25 sq. ft. 4.25 sq. ft (35%) of freestanding sign SEQRA: Action appears to be Type II action, and therefore exempt from further SEQRA review. Applicant: Bill Eddy Agent: Michael Perry, Architect Mr. Perry, architect for the applicant stated they are before the Board for the construction of a 600 square foot one story addition to the existing beverage center for the retail sales of wine making supplies which was granted in June 1997. Also we would like to maintain an existing freestanding sign, which currently is not in compliance. This sign would advertise three businesses on the site. The sign will be moved out of the city right of way and onto the property. Discussion ensued regarding the amount of relief requested and conformance to the neighborhood. Bill Moore, Chairman asked if anyone on the Board had any questions or comments on this application. None heard. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:10 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open until the next meeting. The Zoning Board of Appeals will meet again on March 5, 2012 and we will have a decision at that time. Susan Barden, Senior Planner requested a drawing of the proposed location of the freestanding sign as it currently exists in the city right of way. The applicant will provide the requested material to staff prior to the next meeting on March 5, 2012. City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 2 of 9 2. #2647 NELSON/WILEY ADDITION, 317 Nelson Avenue, area variance to construct an approximate 240 square foot screened porch addition to an existing single-family residence; seeking relief from the minimum rear yard setback and maximum lot coverage for the principal building requirement in the Urban Residential-3 District. AREA VARIANCE CONSIDERATIONS REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum lot 30% 29% 36.5% 6.5% (22%) coverage principal building Minimum rear yard 25 feet 17.1 feet 7.9 feet (32%) setback SEQRA This appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Howard Nelson and Jean Wiley Mr. Nelson stated he and his wife would like to add a screen porch to their residence at 317 Nelson Avenue. This will require an area variance. Screen porches are very uncommon in their neighborhood. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:15 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Adam McNeill, Secretary; summarized the following letters: A letter from Susan Knapp, 315 Nelson Avenue stating she does not have any objection to the proposed project at 317 Nelson Avenue, dated January 4, 2012. A letter from Virginia Reamer, 319 Nelson Avenue stating she is in support of the proposed project at 317 Nelson Avenue, dated December 1, 2011. PUBLIC HEARING: Bill Moore, Chairman closed the public hearing at 7:20 P.M. Gary Hasbrouck presented the following resolution: IN THE MATTER OF THE APPEAL OF Howard Nelson and Jeanne Wiley 317 Nelson Avenue Saratoga Springs, New York 12866 from the Building Inspector’s determination for the premises at 317 Nelson Avenue, identified as Tax Parcel Section 166.37, Block 1, Lot 22, Inside District of the City of Saratoga Springs, New York City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 3 of 9  WHEREAS, the appellant has applied for AREA VARIANCES for relief from the current City Zoning Ordinance for minimum rear yard setback and maximum lot coverage in order to construct a screened porch addition to an existing single-family residence in an Urban Residential – 3 zoning district; and public notice having been duly given of a hearing on said application held on February 13, 2012. WHEREAS, in consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, the Board makes the following resolution that the requested AREA VARIANCES for the following relief or lesser dimensions, as described in the submitted application and plans, be APPROVED: Required Existing Proposed Relief Requested Minimum rear yard setback 25 feet 17.1 feet 7.9 feet (32%) Maximum lot coverage principal 30% 29% 36.5% 6.5% (22%) building 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. According to the application, the purchasing of additional land in order to minimize or eliminate the variance request was explored. The applicant determined no additional land was available for sale. The applicant also determined that “shrinking the size of the porch is not a viable option.” Per the application, the “minimum space required for their usage is an interior floor space of 11.5’ by 19’.” The applicant also considered moving the porch but “Orienting the porch so that it comes out 20’ from the house doesn’t work because it would create a roofline with an undesirable pitch for snow loading.” 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The application states “residential additions are common throughout this neighborhood.” The application also states “the contiguous property to the north has a backyard deck that required a zoning variance.” 3. The relief requested for maximum lot coverage for a principal building does not appear to be substantial. The minimum rear yard setback does appear to be substantial. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The house with the addition of the porch will allow a permeable surface area of 55% which exceeds the requirement of a minimum of 25% permeable surface area in the district. 5. The applicant’s desire to construct an addition is self created. This is not necessarily fatal to the application. Seconded by Keith Kaplan. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; A. McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 3. #2646 GROSSMAN GARAGE, 169 Union Avenue, area variance to construct a two-story detached garage with attached carport and finish the second-floor space; seeking relief from the minimum front yard setback City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 4 of 9  (Ludlow and Morton) and minimum side yard setback and relief to exceed the defined use of a garage in the Urban Residential-4 District. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback 25 feet 11' 6" 13 feet 6 inches (54%) (Ludlow) Minimum side yard setback 5 feet 1.6 feet 2' 8" 2 feet 4 inches (47%) (West) SEQRA: This action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Thomas Grossman Agent: Matthew Hurff – Frost/Hurff Architects Applicant is looking to construct a two-story detached garage with attached carport and finishing the second floor space. Bill Moore, Chairman asked if there were any further questions or comments from the Board. None heard. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:27 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 7:28 P.M. Keith Kaplan, Vice Chairman presented the following resolution: IN THE MATTER OF THE APPEAL OF Thomas R. Grossman 527 Madison Ave, 6th Fl New York, New York 10022 from the determination of the Building Inspector involving the premises at 169 Union Avenue, in the City of Saratoga Springs, New York being Section 166.69, Block 3, Lot 12, Inside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City, as amended to permit a replacement to an existing garage plus the construction of an attached carport, with a finished second story for office/exercise use in an Urban Residential-4 District and due public notice having been given of a hearing on said application held on the 13th day of February 2012. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the requested area variances for the following relief: City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 5 of 9 AREA VARIANCE - Accessory Building front 25’ Proposed: 11’6’’ Total relief requested: 13’6’’ or 54% setback, Ludlow: - Accessory Building rear yard 5’ Proposed: 2’8’’ Total relief requested: 2’4’’ or 47% setback: - Finished space on second Not permitted Total relief requested: Complete, floor including bathroom: 100% As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant notes that there are no other sites on the property that would avoid the non-conforming situation. The shape of this property, its 50- foot width and frontage on Ludlow St., means that to conform with the 25-foot frontage requirement on Ludlow without a variance would require significant reduction in the size and likely the scope as well of the garage-carport project, thereby significantly diminishing the utility sought by the applicant. In terms of the finished space on the second floor, the applicant notes there is no other available space in the main house for the activities planned for the proposed finished space. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. It should be noted that the site for this garage is currently occupied by an old garage. While the new project also includes a carport, the applicant notes the carport, which is situated facing Ludlow St, would not project visually onto the Ludlow St. frontage as much as a building would. The Morton Place side would see a lesser encroachment than the existing garage. The finished space would also not change neighborhood character, as it will not be used for additional residence as per conditions set by this Board below. On balance, the Board finds this project will not result in incremental adverse effect on the neighborhood. 3. The applicant has noted this variance is substantial, however the degree of front yard substantiality is mainly due to the need to consider Ludlow St as a second front yard. The side yard setback as well as the finishing of the space on the second floor are substantial as well. It is noted by the applicant that the neighborhood in the area of Morton Place has accessory buildings close to property lines. 4. This variance will have no adverse physical or environmental effect on the neighborhood or district. It appears that permeability would not be significantly affected as there is a garage in place with blacktop surfaces adjacent to it. 5. The alleged difficulty is self-created due the applicants’ desire for a replacement garage, though this is not necessarily fatal to the application. Conditions: Historic approval by DRC required for demolition and construction. No overnight guests are to be permitted, and no kitchen facilities are to be added in the garage building. Seconded by Gary Hasbrouck. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; A. McNeill, Secretary, in favor; City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 6 of 9  Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 4. #2648 UCCELLINI RESIDENCE, 45 Granger Avenue, use variance for construction of a single family residence; seeking relief from the minimum lot area requirement in an Urban Residential-1 District. Bill Moore, Chairman stated this application is complicated and no decision will be rendered this evening. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum lot size 12,500 sq. ft 5.025 sq. ft. 7,475 sq. ft (60%) SEQRA: This action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Thomas and Rachael Uccellini Mr. Uccellini gave a brief overview of this application and the current status of the project. He does not own the property currently but has made a purchase offer contingent upon the approval of the variance. Discussion ensued regarding the amount of relief requested. Additional information requested from the applicant. Information requested from staff regarding the code in the 1980's. The Board reviewed the criteria for a Use Variance as well as the application presented. PUBLIC HEARING: Bill Moore, Chariman opened the public hearing at 8:05 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Paul McGuire, 294 Caroline Street. Property abuts the property in question. Submitted a petition against this application with 40 signatures of neighbors. Tom Spaulding, lives directly across the street and owns two properties on Granger Avenue. He is anxious because he does not know what the applicant is proposing. This is a historic neighborhood. We have many garages, cars and driveways. He is considering renovating one of the properties and is looking for a guarantee before he goes forward. He hopes the applicant follows the other homes and will increase the value of the homes in the area. Jodi Brimhall, 296 Caroline Street. Opposed to this variance because it does not meet the requirement or criteria for a use variance. Personally tried to purchase this property twice herself. Owner refused to sell the lots, most recently offer was made this last summer. In 2009 they were told by the realtor this was not a buildable lot. The owner has parked cars on this lot for years. This will increase the level of traffic in the area and safety is a concern. Arnie Redbord, lives at the corner Granger and 5th. 65 Fifth Avenue. The lot is small. Approximately one half the size or less which is required to construct on. This is a busy street. Very busy during track season. They do not need another driveway that gives access to Granger. Green space is very valuable and is of great concern. Maureen Blum, guarantor for the trust for the property 290 Caroline Street. She presented two letters one from her sister and one from herself stating their opposition to this project as co-guarantors of this property. City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 7 of 9 Carol Cogan, 290 Caroline Street. In 1971 she purchased the property which abuts this property. Requested to purchase this property, property owner refused to sell the property. This project is detrimental to the neighborhood. Diane Redbord, 65 5th Avenue. She also requested to purchase this property. Too small for a building lot. Added green space in the City. Carol Ann Maguire, 294 Caroline Street. Presented a letter from Mrs. Jane Robinson, 259 Caroline Street a letter of opposition to this project. She stated the applicant must meet all criteria for a use variance. Undeveloped lands cannot have an address assigned to it. Empty lot was used to park cars during the racing season for several years. In 1990 regulations created a higher standard, introducing the concept of density to the code. Photos submitted with foliage in place which exists on the Cogan property. She is opposed to the project and will return when the applicant reappears before the Board. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing will remain open. Letters/email/faxes received. Jonathan Sefack – fax – no address provided. Valerie – no last name or address provided. Bernice Greer dated February 9, 2012. David Myers, 21 Grainger dated February 10, 2012. Petition to the ZBA from the neighbors. Jodi Brimhall, 296 Caroline Street. Mary Kate Natale, dated February 10, 2012. Maureen Blum, dated February 13, 2012. Randall Royce, dated February 6, 2012. Kathleen McCartney and Matthew Sanchez. Arnold and Diane Redbord 65 5th Avenue. Jane Robinson, dated February 11, 2012. APPROVAL OF MINUTES Gary Hasbrouck made a motion to accept the minutes of the January 9, 2012 meeting. Seconded by Adam McNeill, Secretary. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; A. McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 Keith Kaplan, Vice Chairman made a motion to accept the minutes of the January 23, 2012 meeting. Seconded by Adam McNeill, Secretary. VOTE: City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 8 of 9  Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; A. McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 UPCOMING ZONING BOARD MEETING Zoning Board Meeting Monday, March 5, 2012 at 7:00 PM ADJOURNMENT Skip Carlson made a motion to adjourn. Seconded by Adam McNeill, Secretary. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; A. McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 Bill Moore, Chairman adjourned the meeting at 8:59 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 2/11/13 City of Saratoga Springs Zoning Board Minutes – Monday, February 13, 2012 - Page 9 of 9