Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JULY 2, 2012 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:00 P.M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; "Skip” Carlson; Shirley Poppel; Oksana Ludd STAFF: Susan Barden, Senior Planner Joe Scala, City Attorney 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. NEW BUSINESS: 1. HERBERT RESIDENCE, 7 Doten Avenue, area variance for construction of a single-family  residence; seeking relief from the minimum side yard and total side yard setbacks in the Urban Residential-4 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. HISTORY: A letter from the Building Department dated January 24, 2012 stating, "This property is located in a UR-4 Urban Residential Zone which would allow a single family residence”. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 20 feet 9.5 feet 10.5 feet (52.5%) Minimum total side yard setback 45 feet 19 feet 26 feet (58%) Applicant: Benjamin and Katherine Hebert The applicants are looking to purchase this lot. They have a contract now pending approval of an area variance. They have a plan for a 30 foot wide home developed for a narrow lot. Skip Carlson stated it appears the lot fits well with the neighborhood. Additional information was requested from the applicant such as lot sizes within the neighborhood, several lots on either side of the property, which will provide me with an idea of the character of the neighborhood. This information can be forward onto Susan Barden, Senior Planner and she can forward it onto the Board. Also, if you could provide the Board with a calculation of the permeability of the lot. 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. Barry Bournstein, 12 Doten Avenue. Mr. Bournstein was concerned regarding the amount of relief requested. We welcome families to the area. This is a young couple and we wish them well. We do not want to look out our windows and look into theirs. Mr. Bournstein suggested setting the home differently on the property might be an option. Valerie Bournstein, 12 Doten Avenue. Expressed opposition to building on the narrow lot. Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated this application will be on the agenda again in two weeks and a resolution will be presented at that time. 2. PEEK ADDITION, 34 York Avenue, area variance for an addition to an existing single-family residence and creation of habitable space in an existing detached garage; seeking relief from the minimum front and side yard setbacks for the principal building and maximum percent lot coverage for the accessory building and relief to permit habitable space in a garage in the Urban Residential-3 District. City of Saratoga Springs Zoning Board Minutes – Monday, July 2, 2012 - Page 2 of 5 SEQRA: Type II action and exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum front yard 10 feet 1.8 feet .3 feet 10.5 feet (52.5%) setback: New porch Minimum side yard 4 feet Approximately 3.6 feet 26 feet (58%) setback: 5.5 feet New porch Maximum lot 10% Approximately 16.6% 6.6% (66%) coverage 16.4 % accessory building Agent: Tonya Yasenchak, Engineering America Applicant: Andrea Peek. Ms. Yasenchak, stated the applicant purchased the property last year. She is looking for an area variance to build a two story rear mudroom as well as requesting the creation of habitable space in the detached garage. She is renovating this home from a two family into a one family home. This renovation will not change the character of the neighborhood. There are many one family homes in the area with front porches. All other homes in the area have front porches. Discussion ensued regarding amount of relief requested, habitable space in the garage. 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. None heard. Bill Moore, Chairman, stated the public hearing will remain open. Bill Moore, Chairman stated this application will be on the agenda again in two weeks and a resolution will be presented at that time. 3. CAHILL ADDITION, 225 Nelson Avenue, area variance for an attached garage addition to an addition to an existing single-family residence; seeking relief from the maximum lot coverage for the principal building requirement in the Urban Residential-3 District. SEQRA: This is a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: City of Saratoga Springs Zoning Board Minutes – Monday, July 2, 2012 - Page 3 of 5  REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum building coverage 30% 19% 37% 7% (23%) Principal building Agent: Dan Neary, Architect Applicant: Daniel and Anne Marie Cahill. Mr. Neary brought a visual rendering to explain what the Cahill's are requesting, and presented the applicant's request to the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:45 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 this application will be on the agenda in two weeks and a resolution will be presented at that time. 4. STEWART'S SHOPS CORP., 3 Maple Dell, use variance to permit offices uses on the premises in the Tourist Related Business District. SEQRA: This is an unlisted action. Part I of an EAF was submitted. PARCEL HISTORY: Most recently the applicant sought a zoning map amendment from TRBD to HGBD or a zoning text amendment to include "business/professional office" and "medical office/clinic" to TRBD. In consideration of TRBD Text Amendment – Mayor Johnson stated this will be discussion only. Legal counsel has advised that the City Council come to a consensus regarding to not further entertain this application. There is no further merit for review. The City Council agreed not to further entertain this application. The applicant is requesting a use variance to permit business office, professional office and medical/office clinic on the premises. The request is to allow these uses only in the existing 1300 sq ft building. Staff has requested a site plan identifying where the parking would be accommodated on site for the subject building. The site plan should identify a parking calculation with the required number of parking spaces for each office use requested business, professional medical/clinic. Agent: Jennifer Howard, Stewart Shops. Ms. Howard reviewed the application and what had transpired since their last appearance before the Board. City of Saratoga Springs Zoning Board Minutes – Monday, July 2, 2012 - Page 4 of 5 They appeared before the City Council for a text amendment. Stewart's is looking to have this area zoned so they can market the space in question as office use only. The parcel in question is not a large area and so a small individual office would be indicated. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:00 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Tracy Millis, President of the Maple Dell Homeowners Association stated they have been against the whole proposal. It will have a domino effect. All businesses should remain in the gateway business district. Bill Healy 54 Marion Avenue. Mr. Healy stated that he is against Stewart's proposal. Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated a resolution will presented at the next Zoning Board of Appeals Meeting on July 16, 2012. UPCOMING ZONING BOARD OF APPEALS MEETING: Zoning Board of Appeals Meeting is scheduled for Monday, July 16, 2012 at 7:00 P.M. Keith Kaplan made a motion to adjourn. Adam McNeill seconded the motion. Bill Moore, Chairman adjourned the meeting at 8:25 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 9/10/12 City of Saratoga Springs Zoning Board Minutes – Monday, July 2, 2012 - Page 5 of 5