Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, MARCH 5, 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 Joe Scala, City Attorney CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:05 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 7. #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. 8. #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. 9. #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. 10. #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. 11. #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. #2651 CHABAD LUBOVITCH OF SARATOGA COUNTY, INC., 130 Circular Street, area variance to convert the second story of an existing detached garage/carriage house to living space; seeking relief to exceed the defined use of a garage in the Urban Residential-3 District. Historic Review approval was given on September 23, 2005 for the addition. Modification of the conditions of the 2002 Special Use Permit and Site Plan Review approval on May 18, 2005 for an addition. Special Use Permit issued July 24, 2002 for a religious institution with conditions. SEQRA: This appears to be a Type II action and therefore exempt from further SEQRA review. DISCLOSURE: Gary Hasbrouck disclosed he did use the services of Attorney Chertok approximately 5 years ago. He has no conflict of interest in this application and can therefore render an unbiased decision. No need for recusal. Applicant: Rabbi Avraham Abba Rubin Attorney: Daniel Chertok The applicant is proposing to renovate the existing garage/carriage house to allow for sleeping quarters. A floor plan was submitted to the Board which identifies the space having four bedrooms, one full bathroom and one half bathroom. The space is not considered a second dwelling because no kitchen facilities are proposed. These facilities will be used to house scholars who come to pray and family when they visit. Discussion ensued regarding the impact on the neighborhood, density, parking, etc. and the use of an apartment versus an accessory structure. Rabbi Rubin addressed the Board and stated the neighborhood is basically multiple family dwellings with some one family homes interspersed. Keith Kaplan requested the applicant to provide the Board with an idea of the neighborhood make up outlining multiple family dwellings, single family homes, etc. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:35 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Karrie Johnson, She owns the single family home next door that gets the most exposure. Her concern is when this was in front of the Board about 6 years ago they were concerned about the camps that were occurring unauthorized. They had meetings before the Board and at the schul. We were assured that it would not occur. There would be no overnight residents. It was not a boarding house. It was a residence upstairs for Rabbi Rubin and his family and the downstairs was for schul and religious activities. She is very concerned now that they are doing exactly what we were told would not occur. She would like to know what is going to happen next. Camps do occur but they are not advertised. City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 2 of 10 Jeffrey Dumont, owner of property at 128 Circular Street. This is a multi-family home directly next door to the synagogue. He has no problems with the Rabbi. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing will remain open. The Board will meet again in two weeks and we will have a decision at that time. 2. #2650 WATKINS/NOLAN LOT LINE ADJUSTMENT, 153 Union Avenue, area variance to accommodate a lot line adjustment between two lots; seeking relief from the minimum mean lot width requirement for each of the two lots and from the minimum total side yard setback for each of the two existing principal structures on proposed lot 1 in the Urban Residential-4 District. This parcel received Historic Review approval for a garage/carriage house renovation on May 4, 2000. Area variances were granted to convert and construct an addition to the existing detached garage building for the purpose of single family residential use. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum mean lot width Lot 1 100 feet 76 feet 24 feet (24%) Minimum mean lot width Lot 2 100 feet 74 feet 26 feet (26%) Minimum total side yard setbacks: Lot 1 principal structure (Union) 45 feet 34.8 feet 10.2 feet (23%) Minimum total side yard setbacks: Lot 1 principal structure (Morton) 45 feet 26.3 feet 18.7 feet (42%) SEQRA: This appears to be a Type II action and therefore exempt from further SEQRA review. DISCLOSURE: Adam McNeill disclosed that Mr. Watkins is a distant relative of his. He has no financial interest in this application. He can be impartial in rendering a decision in this application and there is no need for recusal. Applicant: Lisa Nolan and William Watkins Attorney: Michael Toohey Mr. Toohey stated he requested the expansion of an interpretation. Does the building inspector have the authority to tell the applicant that he cannot bring this matter before you? Also, the basis upon which he has issued his denial does not make any sense. My position is that he neither has the authority nor does it make any sense. He believes we have the right to have an interpretation of that. That is what we specifically requested. The denial was dated the 29th of February off an application that was submitted February 2, 2012. The response was back into them immediately. Again we are sitting here with no response. This application will be placed on the Zoning Board of Appeals agenda for the March 19, 2012 meeting to complete the application. City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 3 of 10 Mr. Toohey gave a visual presentation to the Board on the portion of the application the Board was allowed to hear. This application is for an area variance request on the largest residential parcel in the city. These are lots 87-88 and 89. These lots have always been shown as two lots. Density is not a question in this application. Mr. Toohey presented a petition with 9 individual’s signatures who are in favor of the request. Lots that are consistent with the neighborhood, and compliant with the UR-4 zone. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:15 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Andrea Spungen, 165 Union Avenue. Questioned the Board regarding the difference between an area variance and a lot line adjustment. If the property line is moved closer to her home she would not be in favor of this application. There are approximately 7 windows on that side and she is concerned regarding the amount of light which would be blocked. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing will remain open. This application will return before this Board again in two weeks. 8:20 P.M. The Board recessed. 8:25 P.M. The Board reconvened. 3. #2649 NICHOLS ADDITION, 197 East Avenue, area variance to construct an approximate 300 square ft addition to an existing single family residence; seeking relief from the minimum rear yard setback, minimum setback between principal and accessory buildings and from the maximum lot coverage for the principal building requirement in the Urban Residential-3 District. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum lot coverage 30% 31.3% 1.3% (4%) principal building Minimum setback principal 5 feet approximately 1.6 feet (32%) building to accessory building 3.4 feet Minimum rear yard setback 25 feet approximately 2.5 feet (10%) 22.5 feet SEQRA: This is a Type II action and exempt from further SEQRA review. Applicant: Mark Nichols Agent: Tonya Yasenchak, Engineering America Tonya Yasenchak stated Mr. Nichols is requesting a variance for an addition to his single family residence. She reviewed all the requirements for an area variance. This addition will not be shading any properties, nor will any trees be removed during this construction. Bill Moore, Chairman stated this is a very straightforward application. City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 4 of 10 Bill Moore, Chairman asked if there were any questions from the Board. None heard. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:35 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. Bill Moore, Chairman stated the next Zoning Board of Appeals will meet again on March 19, 2012 and at that time the application will be reviewed and a decision will be rendered. 4. #2652 MARKET CENTER/PRICE CHOPPER, 19 Railroad Place, area variance to construct 8 awning signs on the front (east) elevation of the building; seeking relief to identify copy other than the business establishment for which the awnings are attached for each of the awnings in the Transect-6 District. Planning Board Site Plan Review extension of approval for new mixed-use building October 27, 2010. DRC Architectural Review for two wall signs approved on October 20, 2005. ZBA Area Variance for a 36" high logo wall sign 50 sq. ft., approved November 28, 2005. SEQRA: This is a Type II action and therefore is exempt from further SEQRA review. AREA VARIANCE CONSIDERATION: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Identification of only the Identification of Eight awning signs Eight awning signs identifying copy other business establishment business identifying copy other than the business establishment "Dairy, occupied by the façade on establishment than the business Bakery, Prepared Food, Deli, Seafood, which awnings are only on establishment Cheese, Produce and Meat placed: awnings Applicant: Golub Corporation, Agent: Fred Early, Sign Works The applicant Price Chopper is trying to get some reasonable identity to this building. We were offered the opportunity to provide awnings on the building. The architect preferred not to have awnings. He wanted an open airy walkway area. So we discussed having what we call a flat awning placard along the building façade. Discussion ensued regarding signage. No signage will be placed on Division Street. Railroad Place is the only signage for this store. Keith Kaplan stated he thought the number of placard signs were too many in number. City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 5 of 10 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:02 P.M. Bill Moore, Chairman asked if anyone wished to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated we are waiting for Saratoga County Planning Board approval and DRC Architectural Review is required. We will meet again on March 19, 2012 and we will have a decision at that time. OLD BUSINESS 6. #2641 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. This application was heard at the January 23, 2012 meeting. The public hearing was opened and the application was adjourned to February 13, 2012 to renotice property owners within 100 feet due to an error in the noticing for the January 23, 2012 meeting. The Building Inspector's denial was revised to include the relief for placement of the proposed sign above the first floor level of the building. The item was further adjourned to March 5, 2012 for failure to provide timely neighbor notification. The public hearing remains open. SEQRA: This action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum height of 18 inches 25.9 inches 7.9 inches (44%) logo Placement of wall Not extend above the first floor Above the first floor To allow placement of sign above sign on the level of the building level the first floor level building Applicant: Price Chopper, Golub Corporation Agent: Fred Early, Signworks Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. None heard. PUBLIC HEARING: Bill Moore, Chairman closed the public hearing at 9:10 P.M. Skip Carlson presented the following resolution: City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 6 of 10  IN THE MATTER OF THE APPEAL OF Golub Corporation d/b/a Price Chopper 19 Railroad Place Saratoga Springs, New York 12866 From the determination of the Building Inspector involving the premises at 19 Railroad Place, in the City of Saratoga Springs, being tax parcel 165.59-1-15 in the inside district of the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City, as amended to erect 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 and public notice having been duly given of hearings on said application held on January 23, 2012 and March 5, 2012. Type of Requirement District Dimension Existing Proposed Total relief Required Requested Maximum Height of 18 inches N/A 25.9 inches 7.9 inches (44%) Logo Placement of Wall Not to extend above N/A To allow placement 100% Sign on the Building the first floor level of above the first floor the building level As per the submitted plans BE APPROVED for the following reasons: 1. The benefits sought by the applicant cannot be achieved by other means feasible. The applicant states their corporate branding of the Price Chopper “Coin” logo is a registered trademark and as such, must remain proportional to the Price Chopper copy. The applicant considered a conforming size logo, but determined that when the overall sign was reduced in size it was not adequately visible. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in the neighborhood character or detriment to nearby properties. The applicant states that “ the new store is being built on the ground floor of an apartment building…this type of mixed use commercial environment will be completely unaffected by the presence of a small reverse lit LED wall sign.” 3. The applicant has demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood or the district. The new sign will be fabricated from stainless steel and aluminum and will be back lit with a halo effect similar to signs in the area. The board notes that the back lit sign would not result in light pollution that would be detrimental to the neighborhood. 4. The requested relief may be considered substantial at 44% along with signage above the first floor. 5. The applicant’s desire to obtain approval for a wall sign with a logo that exceeds the maximum height requirement and placement above the first floor may be considered self-created but this is not necessarily fatal to the application. Note: DRC Architectural Review and approval required. Seconded by Gary Hasbrouck. Bill Moore, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 7 of 10  VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 5. #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. This application was heard at the February 13, 2012 meeting the public hearing was opened and the item was adjourned to March 5, 2012. The applicant provided a revised survey showing the sign to be relocated on the subject property and not in the right of way as identified in the application materials. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATION: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Two story minimum 3,000 Two story in Approximately 6,600 sq. ft Additional 600 sq. ft 600 sq. ft. one story sq ft exempt cumulative excess one-story structure one story area of 3,000 sq. ft. Maximum sq ft of 12 sq. ft. 16.25 sq. ft. 16.25 sq. ft. 4.25 sq. ft (35%) freestanding sign PUBLIC HEARING: Bill Moore, Chairman closed the public hearing at 9:18 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Adam McNeill, Secretary presented the following resolution: IN THE MATTER OF THE APPEAL OF ZBA #2645 Saratoga Quality Hardware/EBI 112 Excelsior Avenue Saratoga Springs, NY 12866 From the determination of the Building Inspector involving the premises at 112 Excelsior Avenue, in the City of Saratoga Springs, New York being Tax Parcel Section 166 Block 4 Lot 2.1 in the Transect – 5 District of the City of Saratoga Springs, NY. City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 8 of 10 Whereas, the appellant having applied for an area variance under the Zoning Ordinance for the construction of an approximate 600 sq. ft. one-story addition to the existing beverage center and to maintain an existing freestanding sign in a T-5 zoning district with public notice having been given of a hearing on said application held on the 13th of February and 5th day of March, 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 following area variances for the following amounts of relief or lesser dimensions, as described in the application and submitted plans, be APPROVED: Type: Required Existing Proposed Relief Requested Two-story minimum (3,000 Two-story (in Approx. 6,600 Additional 600 ft2one-story sq. ft. exempt, cumulative excess of 3,000 ft2) ft2one-story 600 ft2 one structure story area Maximum square footage 12 ft2 16.25 ft2 16.25ft2 4.25ft2 (35%) of freestanding sign 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. Constructing a two-story building would obviate the need for a variance, however as the applicant has indicated, doing so would not meet the applicant’s needs nor would it be in keeping with the architectural nature of the existing one story building. The freestanding sign already exists and relief requested to allow for it to advertise for the three businesses that are present on the property. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties as the applicant states the proposed addition “will barely be visible from the road or from surrounding properties.” The freestanding is similar is scope to freestanding signs on neighboring properties. 3. The relief requested from the two-story minimum is substantial, however a T-5 district is intended to accommodate a variety of building types and this particular addition is consistent with the one –story configuration of the existing building on the property. The relief requested from the maximum square footage of a free standing sign may not be considered substantial at 35% of variance from the code. 4. The variance will not represent a significant adverse physical or environmental effect on the neighborhood or district as the proposed addition would be placed over existing paved/impermeable surface and therefore would not increase the impermeable area on the site. The new sign is to be relocated to be on the subject property (per revised survey submitted). 5. The applicants’ desire to build the proposed addition and sign may be considered a self-created hardship; however this is not necessarily fatal to the application. Note: DRC Architectural Review and approval is required. Keith Kaplan, Vice Chairman seconded the motion. 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 UPCOMING ZONING BOARD MEETING City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 9 of 10 Zoning Board Meeting Monday, March 12, 2012 at 7:00 PM ADJOURNMENT Adam McNeill, Secretary made a motion to adjourn. Seconded by Gary Hasbrouck. 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 9:25 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 4/23/12 City of Saratoga Springs Zoning Board Minutes – Monday, March 5, 2012 - Page 10 of 10