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Zoning Board of Appeals

Regular Meeting

Saratoga Springs, NY · March 19, 2012

AgendaMinutes

Minutes

ZONING BOARD OF APPEALS MINUTES MONDAY, MARCH 19, 2012 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:12 PM PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; George “Skip” Carlson; STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Joe Scala, City Attorney, City of Saratoga Springs SALUTE TO THE FLAG 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. APPLICATIONS ADJOURNED AT THE APPLICANTS REQUEST: 8. #2648 UCCELLINI RESIDENCE, 45 Granger Avenue, use variance for construction of a single family residence; seeking relief from the minimum lot area requirement in the Urban Residential-1 District. 9. #2616.1 SIRO’S RESTAURANT, 168 Lincoln Avenue, modification to a previously approved area variance for construction of a 14.5 feet high acoustical fence in an Institutional-Horse Track Related District. 10. #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. 11. #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. 12. #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. 13. #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. #2582.1 DEMASI, DUNN RESIDENCE, 27 Garside Road, extension of approved area variance for a new single family residence in the Green Acres Planned Unit Development District. This area variance was approved on November 22, 2010 and filed November 24, 2010. The relief granted was from the minimum side yard setback and total side yard setbacks for a proposed new single-family residence in the Green Acres Planned Unit Development. This approval is due to expire on May 24, 2012 if it is not extended. DISCLOSURE: Keith Kaplan, Vice Chairman stated that Dr. DeMasi is his physician. He has no financial interest in this application and there is no need for recusal. Applicant: Dr. Robert DeMasi/Judy Dunn The applicant states that the plans remain unchanged from the approved. A letter of support was received from Robert Gulotti, President of the homeowners association. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:16 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on the Demasi, Dunn application. None heard. Bill Moore, Chairman closed the public hearing at 7:17 P.M. Keith Kaplan, Vice Chairman presented the following resolution. IN THE MATTER OF THE APPLICATION OF James DeMasi and Judy Dunn 822 Via Marchella Schenectady, New York 12303 Based on submitted evidence that the application for an extension of a granted area variance does not differ from the original application and approval, and that there have been no significant changes in the condition of the property or neighborhood warranting otherwise, the board moves that the application of Dr. James Demasi and Ms. Judy Dunn for the premises at 27 Garside Road in the City of Saratoga Springs, and identified as tax parcel #180.17-1-28 originally granted on November 22, 2010, and filed with the City Clerk on November 24, 2010 for construction of a new single family residence in the Green Acres Planned Unit Development District be approved, and that the variance approval be extended for 18 months from the date that such resolution would have expired, May 24, 2012, with the new expiration date to be November 24, 2013. The variance shall expire on November 24, 2013 unless the necessary building permit has been issued and actual construction begun as per Article 240-14.5 G or otherwise further extended. Seconded by Skip Carlson. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 2 of 12 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 2. #2650 WATKINS/NOLAN FUTURE RESIDENCE, 153 Union Avenue, interpretation and area variance to site future development on proposed lot 2; seeking relief from the minimum front yard and total side yard setback requirements in the Urban Residential-4 District. SEQRA: Action appears to be a Type II action, "Interpreting an existing code, rule or regulation"; and therefore exempt from further SEQRA review, per 6 NYCRR PART 617.5 (C) (31). The Building Inspector's denial states "Area variances requested for future development on proposed lot 2 are not referred at this time. Absent a plan identifying a proposed building footprint on the lot, there is insufficient information to make a determination as to the relief required". The applicant's agent is seeking an interpretation of 14.1, 2 and 3. "The applicant is seeking an interpretation that the Assistant Building Inspector does not have the authority to refuse to refer the variances requested in the application to the Zoning Board of Appeals". The ZBA will only consider properly completed applications that contain the following, “Detailed "to scale" drawings of the proposed project - Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions". Applicant: Bill Watkins, Lisa Nolan. Agent: Michael Toohey, Attorney DISCLOSURE: Adam McNeill, Secretary disclosed that he is a distant relative of Mr. Watkins. He has no financial interest in this application and there is no need for recusal. Mr. Toohey, attorney for the applicant presented arguments as to why the Board has the ability to hear this application. Discussion ensued regarding the Board's ability to hear the application without the Building Inspector's denial. If the Board approves the appeal of the Building Inspector's determination then the Building Inspector would have to refer the area variances with regard to future development on proposed lot 2 to the Board for consideration. 8:25 P.M. Board recessed to confer with counsel. 8:29 P.M. Board reconvened. This interpretation will be discussed at the end of this meeting. 3. #2653 CASE GARAGE ADDITION, 53 Walton Street, area variance to construct a second-story to an existing detached garage for living space, seeking relief to exceed the defined use of a garage in the Urban Residential-4 SEQRA City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 3 of 12 This is a Type II action and is exempt from further SEQRA review. Applicant: Carrie Case. Ms. Case stated she has been the owner of this home since 2010. This is a very small house. She is looking to construct a second story to her detached garage for a guest bedroom. Adam McNeill, Secretary stated for as long as he has been a member of this Board, the Board has consistently not allowed for overnight guests in detached garages. That is a primary concern and we have consistently restricted uses such as this in similar applications. Bill Moore, Chairman stated that the Board's precedent has been in reference to areas over garages, there are special considerations but they come under unique situations such as religious institutions. Normally the Board has not been granting overnight stays for anything over a garage that has been constructed. We have allowed recreation rooms, and home theaters, but the precedent has been set for no overnight stays. Adam McNeill stated that the application as it stands right now will not be approved. However, if you would like to table your application it would save filing an additional application, and a fee. You could however leave this open to see if there is another alternative to this application you may rework the plans and return before the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:35 P.M. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. OLD BUSINESS 4. #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. The application was heard at the March 5th meeting, and the public hearing was opened at that time and the application was adjourned to March 19. The Board asked the applicant to provide the existing uses in the neighborhood. SEQRA: This appears to be a Type II action and therefore exempt from further SEQRA review. Attorney Daniel Chertok Application: Rabbi Avraham Abba Rubin Mr. Chertok stated Mr. Kaplan requested additional information which was provided on March 13 and was forwarded to the Board. City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 4 of 12 Proposed renovation of the existing garage/carriage house so as to allow for sleeping quarters; the floor plan submitted identifies the space having four bedrooms, one full bathroom and one half bath room. The space is not considered a second dwelling unit (there is one single-family residential unit on the second and third floors of the Chabad) because no kitchen facilities are proposed. PUBLIC HEARING: The public hearing remains open. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. Joe Logan, 133 Circular Street. I would just like to say that these people are good neighbors and I am in favor of them doing anything they can do to make their congregation more prosperous or to serve their congregation in a better manner. Evelyn Hefner, 127 Circular Street. We are supportive of this. They are lovely, quiet respectful neighbors. PUBLIC HEARING: Bill Moore, Chairman closed the public hearing at 9:10 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Chabad Lubovitch of Saratoga County, Inc. 130 Circular Street Saratoga Springs, New York 12866 from the Building Inspector’s determination for the premises at 130 Circular Street, identified as Tax Parcel Section 160.60 Block 2 Lot 68 in the Inside District of the City of Saratoga Springs, New York. WHEREAS, the appellant has applied for an AREA VARIANCE for relief from the current City Zoning Ordinance to exceed the permitted activity or use of an accessory structure (a private garage) in an Urban Residential – 3 zoning district; and public notice having been duly given of a hearing on said application held on March 5th and 19th, 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 VARIANCE for the following relief or lesser dimensions, as described in the submitted application, be APPROVED: Required Existing Proposed Relief Requested Permitted use of accessory Uninhabitable space 2 car garage with Habitable space Limited use of habitable structure-private garage unfinished attic space in a private garage storage 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant noted the desire to create a habitable area in the attic of a detached garage in order to allow for overnight religious visitation to the house of worship already located on the site as approved in the special permit approved July 24, 2002. The zoning code does not allow any type of finishing work which would create a habitable area in the attic of a detached garage in a UR-3 district. Finish work, to be performed, includes the installation of 1 and a 1/2 baths, 4 bedrooms, insulation, and a heating system. The applicant explored the City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 5 of 12 possibility of converting the basement and other areas of the house for these purposes. As the applicant states, those areas were found not to be feasible because of “inadequate space” and lack of natural light in the basement. It appears attaching the garage to the primary structure would not be feasible to the applicant. Another option would be to apply for a building permit to change the property designation to a 2 family parcel which is allowed in the UR-3 district, but this would also require an area variance to permit the permitted second residential unit in a detached structure. 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The detached garage is a pre-existing structure on the property. The neighborhood will not be altered in character as no exterior change will be visible. The board’s concern is that the use of the attic of the garage does not expand to include an accessory apartment. No kitchen facilities are planned in the improved attic space. It should also be noted that 88 seats are available for worship in the primary structure. The 2002 special permit contemplated reasonably intense use of the property for religious purposes. Previously, this property was the site of a funeral home. 3) The relief requested is substantial. Since the code does not allow finished space in an accessory structure, allowing even limited finished space is considered substantial. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. No additional impervious surface is planned for the project. No additional parking will be required for the project since the space does not constitute a residential unit. 5) The difficulty may be considered self created. This, however, is not necessarily fatal to the application. Conditions: This variance is conditioned upon the improvements not creating an accessory apartment. Specifically, no kitchen will be allowed. The variance is also conditioned upon a limit of 8 adult guests and their children (at any one time) of the applicant for overnight accommodations relating to the religious use of the property and the length of stay of any guest is limited to 15 consecutive days. The variance expires with termination of religious use. Seconded by Skip Carlson. 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. #2650 WATKINS/NOLAN LOT LINE ADJUSTMENT, 153 Union Avenue, area variance to accommodate a lot line adjustment between the 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. Applicant: Bob Watkins, Lisa Nolan. Attorney: Michael Toohey. City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 6 of 12 PUBLIC HEARING: Bill Moore, Chairman stated the public hearing has remained open. 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 9:22 P.M. Adam McNeill presented the following resolution. IN THE MATTER OF THE APPEAL OF William Watkins/Lisa Nolan 153 Union Avenue/84 Phila Street Saratoga Springs, NY 12866 from the Building Inspector’s determination for the premises at 153 Union Avenue, identified as Tax Parcel Section 166.69, Block 3, Lot 22, Inside District of the City of Saratoga Springs, New York. WHEREAS, the appellant has applied for AREA VARIANCES in conjunction with a lot line adjustment for relief from the current City Zoning Ordinance for minimum side yard setback and minimum mean lot width in an Urban Residential – 4 zoning district; and public notice having been duly given of a hearing on said application held on March 5th& 19th. 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 and finding of fact that the requested AREA VARIANCE for the following relief or lesser dimensions, as described in the submitted application and plans, be APPROVED: Required Proposed 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 setback – lot 1 45 feet 34.8 feet 10.2 feet (23%) principal structure (Union) Minimum total side yard setbacks: Lot 1 45 feet 26.3 feet 18.7 feet (42%) principal structure (Morton) 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. The applicant considered creating other lot sizes for this application; however the decision to choose the plans as submitted was done primarily “to create a lot that is in conformance with its neighborhood not inconsistent with its surrounding properties.” 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant is attempting to create a lot that will be consistent in lot requirements as other lots in this neighborhood. City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 7 of 12 3. The relief requested is not substantial in dimension as well as when considered in the context of the lot width with respect to other residential neighbors. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood as it is allowing a lot that meets the area requirements of the district. Furthermore, access to both lots would remain the same with no additional curb cuts proposed. 5. The difficulty may be considered self-created, this, however, is not necessarily fatal to the application. 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; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 6. #2649 NICHOLS ADDITION, 197 East Avenue, area variance to construct an approximate 300 sq 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. This application was heard at the March 5, 2012 meeting, the public hearing was opened, and the application was adjourned to the March 19, 2012 meeting. SEQRA: This is a Type II action, therefore exempt from further SEQRA review. Agent: Tonya Yasenchek, Engineering America PUBLIC HEARING: Bill Moore, Chairman stated the public hearing has remained open. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Bill Moore, Chairman closed the public hearing at 9:30 P.M. Skip Carlson presented the following resolution. IN THE MATTER OF THE APPEAL OF Mark Nichols City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 8 of 12 197 East Avenue Saratoga Springs, New York 12866 from the Building Inspector’s determination for the premises at 197 East Avenue, in the City of Saratoga Springs, New York, being Tax Parcel 166.54-1-16 in the Inside Tax 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 construct an 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 zoning district; and public notice having been duly given of a hearing on said application held on March 5 and 19, 2012. Required Proposed Relief Requested Maximum Lot Coverage Principal 30% 31.3% 1.3% (4%) Building Minimum Setback Principal Building 5 feet 3.4 feet 1.6 feet (32%) to Accessory Building Minimum Rear Yard Setback 25 feet 22.9 feet 2.1 feet (8.4%) 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. The applicant stated that additional land is not available for purchase; adding space above the existing den would limit rear bedroom space and a smaller design that would not require a variance would not be large enough to include a bathroom that is one of the main reasons for the addition. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposed addition is to be located at the rear of the existing residence and much of the addition would not be visible from the street. The applicant states that “many other residences in the area are on small lots or close to other lot lines…the addition will be consistent with the architectural character of the existing house and neighborhood.” 3. The proposed addition of 382.5 sq. ft. (of which 67 sq. ft. is roof overhang) may be considered modest. The relief requested from maximum lot coverage (4%) and rear setback (8.4%) is not substantial but the proposed separation distance from the principal structure to the accessory structure may be considered substantial at 32% relief requested. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The applicant provided a percent to remain permeable calculation of 34.6% (9.6% in excess of the 25% minimum requirement). The applicant also stated that “no trees will be removed”. 5. The applicant’s desire for the addition may be considered a self-created hardship, but this is not necessarily fatal to the application. Seconded by Adam McNeill. Bill Moore, Chairman asked if there was any further discussion. City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 9 of 12 Keith Kaplan stated he is not comfortable with this application. He feels that the building protrudes too much and perhaps this could have been reconfigured differently. Therefore, he will not be supportive of this application in this form. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, opposed; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 4-1 7. #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. This application was heard at the March 5, 2012 meeting, the public hearing was opened and the application was adjourned to March 19, 2012. SEQRA: This appears to by a Type II action and therefore exempt from further SEQRA review. Applicant: Price Chopper, Golub Corporation Agent: Fred Early, Signworks Mr. Early stated a tentative approval was received from the DRC as long as the ZBA does not make any changes. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing has remained open. 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 9:40 P.M. Skip Carlson presented the following resolution: 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 construct eight awning signs on the front (east) elevation of the building; seeking relief to identify copy other than the business City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 10 of 12 establishment for which the awnings are attached for each of the awnings in the Transect-6 District and public notice having been duly given of hearings on said application held on March 5, 2012 and March 19, 2012. Type of Requirement Required Proposed Total relief Requested Identification of only the Identification of business Eight awning signs Eight awning signs business establishment establishment only on the identifying copy other than identifying copy other that occupied by the façade on awnings the business establishment the establishment; “Dairy”, which the awnings are “Bakery”, “Prepared Foods”, placed “Deli”, “Seafood”, “Produce”, “Custom Meat”, and “Cheese” 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. The applicant states that this Price Chopper is a “unique one of a kind neighborhood supermarket with a small footprint in a pedestrian zone.” The applicant also states that “limited line of sight and no freestanding sign hamper identification of the new store.” Awning signs are permitted for each window or door covered by the awning. The applicant states that “this store will have one very small logo letter set (wall sign). As the applicant states, “A hardship is imposed by limiting the store to one wall sign since pedestrian and vehicular traffic along Church and Division Streets will have a difficult time identifying the store which is located in the center of the block, as a supermarket”. As the applicant also indicates, previously the supermarket was permitted an additional wall sign because the property had frontage on two streets. Now the supermarket will be located in the center of the block and only have signage on Railroad Place. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in the neighborhood character or detriment to nearby properties. 3. The relief to permit eight awning signs with copy other than what is permitted may be considered substantial but it appears that the total square footage of the copy area is 19.98 sq. ft., which does not exceed 25% of the exterior surface of the awning or 100 sq. ft. of the building façade, whichever is less. 4. It does not appear that any adverse physical or environmental effects would result through granting of this variance. The property is located in the Urban Core, a mixed-use neighborhood characterized by commercial signage. 5. The alleged difficulty may be considered self-created in that the applicant is permitted signage to advertise their business name, but desire to provide additional advertising of departments and/or products within the establishment. Note: DRC Architectural Review and approval required. Seconded by Gary Hasbrouck. Bill Moore, Chairman asked if there was any further discussion. Saratoga County Planning Board made a written referral dated March 19, 2012, citing there is no county wide or intercommunity impact. City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 11 of 12 Keith Kaplan, Vice Chairman stated he feels the signage is cluttered, still a concern. He is uncomfortable with that, and therefore is not in favor of the application as it is currently presented. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, opposed Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 4-1 9:50 P.M. The Board recessed. 10:10 P.M. The Board reconvened. 2. #2650 WATKINS/NOLAN FUTURE RESIDENCE, 153 Union Avenue, interpretation and area variance to site future development on proposed lot 2; seeking relief from the minimum front yard and total side yard setback requirements in the Urban Residential-4 District. Bill Moore, Chairman stated we need more consideration before we can make a ruling. We will make a ruling at the next Zoning Board of Appeals Meeting on April 16, 2012. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing is closed at 10:10 P.M. MOTION TO ADJOURN: Motion to adjourn the meeting was made by Skip Carlson. Seconded by Gary Hasbrouck. Bill Moore, Chairman adjourned the meeting at 10:10 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 4-23-12 City of Saratoga Springs Zoning Board Minutes – Monday, March 19, 2012 - Page 12 of 12

Agenda

Bill Moore CITY OF SARATOGA SPRINGS Chair Keith B. Kaplan ZONING BOARD OF APPEALS Vice Chair  Adam McNeill CITY HALL - 474 BROADWAY Secretary SARATOGA SPRINGS, NEW YORK 12866 Gary Hasbrouck PH) 518-587-3550 FX) 518-580-9480 George “Skip” Carlson WWW.SARATOGA-SPRINGS.ORG ZBA Meeting –Monday, March 19, 2012 City Council Room – 7:00 p.m. AGENDA WORKSHOP – 6:30 P.M. SALUTE THE FLAG ROLL CALL NEW BUSINESS 1. #2582.1 DEMASI, DUNN RESIDENCE, 27 Garside Road, extension of approved area variance for anew single family residence in the Green Acres Planned Unit Development District. 2. # 2650 WATKINS/NOLAN FUTURE RESIDENCE, 153 Union Avenue, interpretation and area variance to site future development on proposed lot 2; seeking relief from the minimum front yard and total side yard setback requirements in the Urban Residential-4 District. 3. #2653 CASE GARAGE ADDITION, 53 Walton Street, area variance to construct a second-story to an existing detached garage for living space, seeking relief to exceed the defined use of a garage in the Urban Residential-3 District. OLD BUSINESS 4. #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. 5. # 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. 6. #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. 7. # 2649 NICHOLS ADDITION, 197 East Avenue, area variance to construct an approximate 300 sq. 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. ADJOURNED ITEMS 8. # 2648 UCCELLINI RESIDENCE, 45 Granger Avenue, use variance for construction of a single family residence; seeking relief from the minimum lot area requirement in the Urban Residential-1 District. 9. #2616.1 SIRO’S RESTAURANT, 168 Lincoln Avenue, modification to a previously approved area variance for construction of a 14.5 feet high acoustical fence in an Institutional-Horse Track Related District. 10. #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. 11. #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. 12. #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. 13. #2355 CELLCO PARTNERSHIP AND VERIZON WIRELESS, 252 Washington Street, use variance for construction of a telecommunication facility in a Transect-5 District. OTHER BUSINESS • APPROVAL OF MEETING MINUTES • NEXT ZONING BOARD MEETING MONDAY, APRIL 16, 2012 Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the Zoning Office at 587- 3550 extension 2533. AS OF 3/19/2012 2:50 PM

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