Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, MAY 21, 2012 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Keith Kaplan, Vice Chairman called the meeting to order at 7:10 P.M. SALUTE TO THE FLAG PRESENT: Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; Shirley Poppel ABSENT: Bill Moore, Chairman, George, "Skip" Carlson STAFF: Susan Barden, Senior Planner, City of Saratoga Springs 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: 3. #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. Application Adjourned to June 4, 2012. 4. #2653 CASE GARAGE ADDITION, 53 Walton Street, area variance to construct 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. 5. #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. 6. #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. 7. #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. 8. #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. #2659 AMIN ADDITION, 31 Myrtle Street, area variance to construct an addition to an existing office building; seeking relief from the minimum front yard setback requirement in the Office Medical Hospital Business District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. A Use and Area Variance for an addition was previously approved on October 15, 2012. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback 40 feet 30 feet 10 feet 20 feet (67%) Minimum percent to remain permeable 30% 20% 18% 12% (40%) Saratoga County Planning Board referral required. Planning Board Site Plan Review required. Applicant: Hetal Amin & Dr. Herzog Agent: John Muse, architect. Mr. Muse presented the application to the Board. Mr. Muse reviewed plans which were previously submitted. The proposed addition is approximately 600 square feet. The site is pre-existing and non-conforming with regard to the percent to remain permeable (20%). The proposed addition would reduce the site permeability by 2% less than what currently exists. Building in front of the existing building is the most efficient way to dramatically improve the appearance of the building as well as improve access to the building. The agent for the applicant indicates that the proposed addition would improve handicapped access to the building and from the sidewalk. The proposed addition while encroaching into the front yard setback, architecturally improves the appearance of the existing office building. Access to the lot and to the existing parking will remain the same. The request is to reduce the amount of permeable surface to remain on site; however, the adjoining parcel is used in conjunction with the office building and provides additional parking, corner of Church Street. If these two lots were combined the percent to remain permeable would exceed the requirement in the district. The alleged difficulty may be considered self-created in that the applicants desire to place the proposed addition in an area that would not meet the setback requirements. Discussion ensued regarding permeability and parking issues. Saratoga County Planning Board stated in a letter received May 18, 2012, there is no significant countywide or intercommunity impact. Susan Barden, Senior Planner, City of Saratoga Springs stated a legal ad was not publicized for this application. It will be noticed in time for the June 4, 2012 meeting. Keith Kaplan, Vice Chairman stated because this was not noticed properly the Board cannot act on this application this evening. It will be adjourned until the June 4, 2012 meeting and there will be a resolution at that time. PUBLIC HEARING: City of Saratoga Springs Zoning Board Minutes – Monday, May 21, 2012 - Page 2 of 5 Keith Kaplan, Vice Chairman opened the public hearing at 7:25 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. OLD BUSINESS: 2. #2658 SARATOGA HOSPITAL, 59 Myrtle Street, area variance to erect two freestanding signs; seeking relief from the maximum size requirement for such signs in the Saratoga Hospital Planned Unit Development District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Saratoga Hospital, Kevin Ronayne, Saratoga Hospital Agent: Stephanie Ferradino, Attorney-Jones Ferradino Attorneys at Law Stephanie Ferradino stated since their last appearance before the Board it was brought to her attention by Susan Barden, Senior Planner, City of Saratoga Springs, that a mathematical error was made in a computation submitted. The corrections have been made and submitted to the Board. Also, regarding information requested by the Board City Attorney Joe Scala had an opportunity to review our contractual obligation with the tenant of the building in order to confirm that we are contractually obligated to provide signage for both the tenant and their sub tenants at that location. We asked him to review this document and report back to the Board, in order that the confidential document not become part of the public record. Adam McNeill, Secretary reviewed the following correspondence received by the Board. Correspondence received from the Saratoga County Planning Board dated May 17, 2012 which indicated there is no significant county wide or inter community impact. Correspondence from Stephanie Ferradino citing a mathematical error was made and the corrected computation. Correspondence from Joe Scala, City Attorney stating he has reviewed the contract between Saratoga Hospital and Tenants stating the hospital is required to provide signage requirements. PUBLIC HEARING: Keith Kaplan Vice Chairman closed the public hearing at 7:25 P.M. Adam McNeill presented the following resolution: IN THE MATTER OF THE APPEAL OF The Saratoga Hospital 59 Myrtle Street Saratoga Springs, New York 12866 City of Saratoga Springs Zoning Board Minutes – Monday, May 21, 2012 - Page 3 of 5 From the determination of the Building Inspector involving the premises at 59 Myrtle Street, in the City of Saratoga Springs, being tax parcel 165.41-1-44 and 165.41-1-28 in both the inside and outside tax districts of the assessment map of said City. The appellant having applied for an area variance to erect two freestanding signs; seeking relief from the maximum size requirement for such signs in the Saratoga Hospital Planned Unit Development District. As per the submitted plans BE APPROVED for the following reasons: Maximum Area for Required: Existing: Proposed: Total Relief Signs: 4 Sq. Ft. 29 Sq. Ft. 29 Sq. Ft. Requested: Sign Type ID.5 25 Sq. Ft. (625%) Sign Type ID.1 9 Sq. Ft. 14 Sq. Ft. 5 Sq. Ft. (56%) 1. The benefit sought by the applicant cannot be achieved by other means feasible. The applicant states that the “entrance sign is intended to replace the existing entrance signage to that portion of campus…by terms of the lease agreement with the tenants of the building, the Hospital is required to provide the tenants of the Park with signage listing their buildings. 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 variances requested are consistent with the existing signage at the hospital. The modification of the entrance sign will replace a sign that matches the rest of the Hospital campus. The remaining signs will be located within the Park and not be able to be detected by neighbors surrounding the park.” 3. The relief for request may be considered substantial, considering the total relief requested but is in line considering the amount of information that is required and for the information to be legible. 4. The granting of this variance will not have an adverse impact on the physical or environmental conditions of the neighborhood or district. The applicant states that “the sign will complement the existing signage at the hospital …and help clients and patients unfamiliar with the area find their way to the correct building…while reliving congestion in the [current] parking area.” 5. The alleged difficulty was not self-created. The City of Saratoga Springs required the renaming of the loop road into the Park when the third building was approved and erected. Renaming the road required new signage indicating the correct change for emergency purposes. Seconded by Gary Hasbrouck. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Shirley Poppel, in favor MOTION PASSES: 4-0 APPROVAL OF MINUTES City of Saratoga Springs Zoning Board Minutes – Monday, May 21, 2012 - Page 4 of 5 Approval of minutes was deferred until the June 4, 2012 meeting. MOTION TO ADJOURN: Gary Hasbrouck made a motion to adjourn. Seconded by Adam McNeill. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Shirley Poppel, in favor MOTION PASSES: 4-0 Keith Kaplan, Vice Chairman adjourned the meeting at 7:47 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 9/10/12 City of Saratoga Springs Zoning Board Minutes – Monday, May 21, 2012 - Page 5 of 5