Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JUNE 25, 2012 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:10 P.M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Adam McNeill, Secretary; Gary Hasbrouck; George “Skip” Carlson; ABSENT: Keith Kaplan, Vice Chair; Shirley Poppel STAFF: Susan Barden, Senior Planner Joe Scala, City Attorney Tony Izzo, Assistant City Attorney Mark Schachner, Counsel to the Land Use Boards 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. ADJOURNED ITEMS 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. 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. OLD BUSINESS: 1. #2660 CHODOS RESIDENCE, 768 North Broadway, area variance to construct an addition to an existing single family residence; seeking relief from the minimum front yard setback (Fourth Street) and from the maximum lot coverage for the principal building requirement in the Urban Residential-1 District. PUBLIC HEARING Bill Moore, Chairman stated the public hearing remains 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 7:12 P.M. Skip Carlson presented the following resolution: APPEAL #2660 CHODOS RESIDENCE ADDITION IN THE MATTER OF THE APPEAL of Chodos Family Trust, 768 North Broadway, Saratoga Springs, New York 12866, from the Building Inspector's determination for the premises at 768 North Broadway, identified as Tax Parcel Section 152.84, Block 1, Lot 5, Inside District of the City of Saratoga Springs, New York. WHEREAS, the appellant has applied for AREA VARIANCES for relief from the current City Zoning Ordinance for minimum front yard setback and maximum lot coverage in order to construct an additional bedroom/bathroom and garage stall addition to an existing single-family residence in an Urban Residential-1 zoning district; and public notice having been duly given of a hearing on said application held on June 4, and 25, 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 make 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 front yard setback 30 feet 14.9 feet 14.9 feet 15.1 feet (50%) Maximum lot coverage principal building 20% 21.85% 1.85% 1). The applicant has demonstrated this benefit cannot be achieved by other means feasible. According to the application, for the expanded garage to be functional it had to be attached to the existing garage. The applicant also determined that because of the primary occupants age there is a need for a first floor bedroom and the only logical place for this expansion was on the northeast corner of the house to give easy access into the main floor of the home and the porch on the rear of the home. 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, the existing garage already extends beyond the north setback line. The application also states, the use of the property will continue to be single family. The proposed addition would not encroach any further into the setback. It does not appear that the addition would be visible from North Broadway. City of Saratoga Springs Zoning Board Minutes – Monday, June 25, 2012 Page 2 of 6 3). The relief requested for maximum lot coverage for a principal building does not appear to be substantial in that it is not greater than the historic building line for this property. The minimum front yard setback does appear to be substantial; however the existing residence is preexisting nonconforming on this side. 4). The existing driveway would have to be expanded to accommodate the additional stall, but access to the property would remain the same. As the applications states, "There will continue to be a surplus of permeable land available on this lot". 5). The applicant's desire to construct an addition is self created. This 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; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 4-0 2. #2661 HAYNES RESIDENCE, 152 Grand Avenue, area variance to construct an addition to an existing single-family residence and to construct a detached garage with habitable space on the second-floor; seeking relief from the minimum front and side yard setback requirements and to exceed the defined use of a garage in the Urban Residential-3 District. PUBLIC HEARING Bill Moore, Chairman stated the public hearing remains 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 7:18 P.M. Gary Hasbrouck presented the following resolution: APPEAL #2661 HAYNES RESIDENCE IN THE MATTER OF THE APPEAL of Jonathan Haynes, 152 Grand Avenue, Saratoga Springs, New York, 12866, from the Building Inspector's determination for the same premises, identified as Tax Parcel Section, 165.66-3-12 Inside District of said city. City of Saratoga Springs Zoning Board Minutes – Monday, June 25, 2012 Page 3 of 6 WHEREAS, the appellant has applied for an AREA VARIANCE for relief from the current City Zoning Ordinance for exceeding the permitted activity or use of an accessory structure (a private garage) in an Urban Residential-3 zoning district and relief from minimum front yard and minimum side yard setbacks for a proposed addition to an existing single family residence; and public notice having been duly given of a hearing on said application held on June 4th and 25th, 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, BE APPROVED: REQUIRED EXISTING PROPOSED RELIEF REQUESTED Permitted use of accessory Uninhabitable Habitable space Limited use of habitable structure-private garage space in attic space in a private garage Minimum front yard setback 10 feet 0 feet 0 feet 10 feet (100%) Minimum side yard setback 4 feet 0 feet 0 feet 4 feet (100%) 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. 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 a ½ bath, gas fireplace, insulation, and a closet. The alternative to the detached garage would have been attaching it to the proposed 2 story addition. According to the applicant, this would have required "the removal of a white cedar tree." Any addition to the home would require at least the variances for the front and side yard setbacks due to the pre-existing nonconforming setbacks of the structure already on site. 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 states "The insulation of the second floor of the garage does not affect the scale or size of the building." The board's concern is that the use of the attic of the garage does not expand to include an accessory apartment. The application states, in regards to the proposed house addition, "the expanded house height will be lower than neighboring buildings and consistent with typical two-story homes in the neighborhood." 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. Relief required for the primary structure may be considered substantial but is pre-existing with no further relief, beyond what is existing, being requested. 4). The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states "the permeability of the site will remain at 56%, more than double the required 25%. 5). The difficulty may be considered self created. This, however, it is not necessarily fatal to the application. CONDITION: This variance is conditioned upon the improvements not creating an accessory apartment. Specifically, no kitchen or full bath will be allowed. City of Saratoga Springs Zoning Board Minutes – Monday, June 25, 2012 Page 4 of 6 Seconded by Skip Carlson. VOTE: Bill Moore, Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; MOTION PASSES: 4-0 NEW BUSINESS: REQUEST FOR ADVISORY OPINION FROM THE CITY COUNCIL REGARDING THE PROPOSED, REVISED ZONING ORDINANCE. Bill Moore, Chairman proposed the following resolution. In the Matter of the Application of Zoning Ordinance Revisions On June 5, 2012 the City Council requested an advisory opinion on the proposed revisions to the City of Saratoga Springs Zoning Ordinance. The matter was considered by the Board on June 25, 2012 and, following additional discussion of the proposed revisions, in particular Article 5.0 Non-Conforming Uses, Structures and Lots; Article 6.1 Signage; Articles 6.3 and 6.4 Supplemental Regulations and Article 8.0 Variance and Interpretation Appeals, issued the following advisory opinion. The language within the document is less confusing, simplified and more user-friendly. The organization of the document is much improved. The revisions have made the City’s regulations more legally defensible. The document presents in a more logical progression with consistent processes providing an overall easier to follow format for City land use boards, staff and the public. In addition, the Board accepts that no substantive changes to Article 6.1 Signage are proposed at this time. The Board endorses a subsequent Phase 2 evaluation of possible revisions to this section with regard to maximum size and height regulations for certain signs in specific districts. As such, the Zoning Board of Appeals fully endorses the proposed Phase I revisions to the Zoning Ordinance and, hereby, provides a favorable advisory opinion on the proposed revisions for the City Council’s consideration. Seconded by Skip Carlson. VOTE: Bill Moore, Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 4-0 APPROVAL OF MINUTES: Approval of minutes was deferred until the next meeting. UPCOMING ZONING BOARD OF APPEALS MEETING: City of Saratoga Springs Zoning Board Minutes – Monday, June 25, 2012 Page 5 of 6 Zoning Board of Appeals Meeting is scheduled for Monday July 2, 2012 at 7:00 P.M. MOTION TO ADJOURN: Gary Hasbrouck made a motion to adjourn. Seconded by Adam McNeill. VOTE: Bill Moore, Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; MOTION PASSES: 4-0 Bill Moore, Chairman, adjourned the meeting at 8:10 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 9/10/12 City of Saratoga Springs Zoning Board Minutes – Monday, June 25, 2012 Page 6 of 6