Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JULY 16, 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; Adam McNeill, Secretary; Gary Hasbrouck; "Skip” Carlson; Oksana Ludd ABSENT: Keith Kaplan, Vice Chairman; Shirley Poppel 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 1. #2667 SARATOGA SPRING WATER CO., 11 Geyser Road, area variance to maintain an expansion of the parking area; seeking relief from the minimum front yard setback to parking in the Institutional General District. Adjourned to 09/10/12. 6. #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. 7. #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. 8. #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: 2. 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. This application was heard at the July 2, 2012 meeting, the public hearing was opened and the application was adjourned to July 16, 2012. Additional information was requested. The applicant submitted additional information on July 7 via email, which was forwarded to the Board. The public hearing remains open. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicants: Benjamin and Catherine Hebert. Skip Carlson presented the following resolution. IN THE MATTER OF THE APPEAL OF Benjamin and Catherine Hebert 297 Lark Street Albany, New York 12210 From the determination of the Building Inspector involving a vacant parcel on Doten Avenue, in the City of Saratoga Springs, New York, being tax parcel number 178.44-3-23 in the Inside Tax District, on the Assessment Map of said City. The appellant having applied for an area variance for construction of a single family residence; requesting relief from the minimum side yard and total side yard setbacks in the Urban Residential-4 District and public notice having been duly given of a hearing of said application held on the 2nd and 16th day of July, 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 variance for the following amounts of relief: Type of Requirement Required Proposed Total Relief Requested Minimum side yard 20 feet 9.5 feet 10.5 feet (52.5%) setback (north) Minimum side yard 20 feet 9.5 feet 10.5 feet (52.5% setback (south) Minimum Total side yard 45 feet 19 feet 26 feet (58%) setback 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 lot is just 50 feet wide and maintaining the current setbacks required would not allow for a home to be built on the lot. 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 provided neighborhood lot and setback data for the area City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 2 of 10 surrounding tax ID 178.44.3.23. In this data provided, 60% of the homes in the neighborhood had lot widths from 50 feet to 52.11 feet. The applicant also provided data that this lot was home to a residential unit that was listed on the 1961 tax roll. 3. The relief at 52.5% and 58% may be considered substantial. This relief is mitigated somewhat by the fact that 60% of the nearby properties have similar side yard setbacks. 4. The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The applicant provided a permeability percentage verification showing that 78.77% of the property will remain permeable with 1903 square feet of house, porch and driveway non permeable out of the 8965 square feet of the total lot. 5. The request for relief from side yard and total side yard setbacks may be considered a self-created hardship. However, self-creation 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; Oksana Ludd, in favor MOTION PASSES: 5-0 3. 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. This application was heard at the July 2, 2012 meeting, the public hearing was opened and the application was adjourned to July 16, 2012. The public hearing remains open. SEQRA: Type II action and exempt from further SEQRA review. Agent: Tonya Yasenchak, Engineering America Applicant: Andrea Peek. Bill Moore, Chairman asked if there was any further discussion. None heard. PUBLIC HEARING: Bill Moore, Chairman, stated the public hearing remains open. City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 3 of 10 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 7:17 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Andrea Peek 34 York Avenue Saratoga Springs, New York 12866 from the Building Inspector’s determination for the same premises, identified as Tax Parcel Section, 166.45-4-9 Inside District of said city. 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), relief from minimum front and side yard setbacks, and maximum percent lot coverage for an accessory structure in an Urban Residential – 3 zoning district; and public notice having been duly given of a hearing on said application held on July 2nd and 16th, 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 structure-private Uninhabitable Habitable space Limited use of habitable garage space in attic space in a private garage Minimum Front Yard Setback-Porch 10 feet 1.8 feet .3 feet 9.7 feet (97%) Minimum Side Yard Setback-Porch 4 feet 5.5 feet 3.6 feet .4 feet (10%) Maximum Lot Coverage-Accessory Bldg 10% 16.4% 16.6% 6.6% (66%) 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 on the 2nd floor 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 a 1/2 bath, utilities, insulation, and creation of a storage area. The application states that “low ceilings in the basement would not allow finishing for extra space.” In regards to the maximum lot coverage of the accessory building, the application states “reducing the size of the building to conform would minimize the historic character of the building.” The front porch addition can not be constructed without a variance. The application states that “there are no feasible methods to add a full front porch without granting a variance. The house is pre-existing and non-conforming at less than 5 feet from the front property line...” It should be noted the applicant is physically moving the accessory building away from the rear property line and as a result avoided a variance. 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 addition of the front porch will add to the character of the house and become more consistent with the neighborhood.” As stated above, the applicant is City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 4 of 10  moving the accessory building to “be less of an impact on the neighbor to the south.” The applicant’s representative has testified that the front porch will be closer to the sidewalk than the neighbor’s porch. 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. The size of the accessory structure is pre-existing. The only addition is that of a covered entry consisting of 15 square feet. Relief required for the porch’s front yard setback may be considered substantial but the pre-existing location of the primary residence requires any addition to the front of the structure to require a substantial variance. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states “the project remains over the 25% minimum permeability (31%).” 5) The difficulty may be considered self created. This, however, is not necessarily fatal to the application. Condition: This variance is conditioned upon the improvements not creating an accessory apartment in the accessory building. Specifically, no kitchen or full bath will be allowed. Seconded by Adam McNeill. 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; Oksana Ludd, in favor MOTION PASSES: 5-0 4. 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. This application was heard at the July 2, 2012 meeting, the public hearing was opened and the application was adjourned to July 16, 2012. The public hearing remains open. SEQRA: This is a Type II action, and therefore exempt from further SEQRA review. Applicant: Daniel and Anne Marie Cahill. Bill Moore, Chairman asked if there was any further discussion. None heard. 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. City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 5 of 10 None heard. Bill Moore, Chairman closed the public hearing at 7:25 P.M. Adam McNeill presented the following resolution. IN THE MATTER OF THE APPEAL OF Daniel and Anne Marie Cahill 235 Nelson Avenue Saratoga Springs, New York 12866 from the Building Inspector’s determination for the premises at 235 Nelson Avenue, identified as Tax Parcel Section 166.53, Block 1, Lot 36, 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 for maximum building coverage in order to construct a two-car attached garage with bedroom above addition and a pergola covered porch to an existing single-family residence in an Urban Residential – 3 zoning district; and public notice having been duly given of a hearing on said application held on July 2nd and 16th, 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 and plans, be APPROVED: Required Existing Proposed Relief Requested Maximum Building Coverage- 30% 19% 37% 7% (23%) Principal Building 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. According to the application the attached garage would allow for a bedroom on the second floor, “A detached accessory structure would prohibit a bedroom above the garage.” Per the application, the south facing green space (lawn) is preserved to maximum extent by the proposed building arrangement. 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 application states “Building massing is in harmony with structures existent on Nelson Avenue and Diamond Street.” 3. The relief requested for maximum building coverage for a principal building may be considered substantial; however as the application states, “Current zoning allows principal plus accessory building lot coverage of 40%.” “No future accessory garage would be built.” 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The house with the additions of garage and porch will allow a permeable surface area of 47% which exceeds the requirement of a minimum of 25% permeable surface area in the district. 5. As the application states, “Difficulty was self created, but proposed design seeks maximum compliance with zoning ordinance”, but this is not necessarily fatal to the application. Condition: No detached, accessory garage would be permitted to be constructed on the property in the future. City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 6 of 10 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; Oksana Ludd, in favor MOTION PASSES: 5-0 5. STEWART'S SHOPS CORP., 3 Maple Dell, use variance to permit offices uses on the premises in the Tourist Related Business District. This application was heard at the July 2, 2012 meeting, the public hearing was opened and the application was adjourned to July 16, 2012. The Board asked staff to provide additional information regarding the historic zoning of the property. The public hearing remains open. SEQRA: This is an unlisted action. Part I of and 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. 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. 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 asked if anyone in the audience would like to speak regarding this application. Tracy Millis, 37 Maple Dell. President Maple Dell Homeowners Association. The association still does not like this application. Every homeowner is against this application. Susan Barden, Senior Planner stated the Saratoga County Planning Board in a letter dated June 21, 2012 stated after previous review they have given their approval. City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 7 of 10 Bill Moore, Chairman asked if there was any further discussion. PUBLIC HEARING: Bill Moore, Chairman closed the public hearing at 7:30 P.M. SEQRA: After Review of SEQRA Part II no large or important areas of concern were noted. Gary Hasbrouck made a motion for a SEQRA Negative Declaration. Seconded by Skip Carlson. 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; Oksana Ludd, in favor MOTION PASSES: 5-0 Adam McNeill presented the following resolution. STEWART'S SHOPS CORPORATION 3 MAPLE DELL SARATOGA SPRINGS, NEW YORK 12866 I move the above application of Stewart's Shops for a use variance on above referenced property being tax parcel #166.5-2-40, limited to the 1,300 square foot building in the east corner of the property, to permit: office-medical/clinics, office-business, and office-professional as defined in Article 1-General Provisions in the City of Saratoga Springs Zoning Ordinance in a Tourist Related Business District (TRBD). As shown by the submitted documentation and oral presentation to the Zoning Board of Appeals, and public hearing having been duly held on July 2, 2012 and July 16, 2012, be approved because all four standards required to demonstrate the hardship have been proven by the applicant. 1. The applicant has demonstrated that this property cannot yield a reasonable financial return as demonstrated by competent financial evidence, if used for any permissible use. The applicant purchased the property in 1971. Annual maintenance costs are $8,500 per year, with an additional $5,100 a year of property and school tax, totaling annual carrying costs of $13,600 per year. There currently is no income being generated from the building. The applicant submitted a narrative which states the property has been marketed for lease starting in July 2011. The property has been listed on stewartsshops.com, and as of July 2, 2012 there have been thirty contacts with regard to the use of the building. In addition, since July 2011 there has been a "For Lease" sign on the south side of the building, facing Route 50, a busy and well traversed road. 2. The applicant has demonstrated the alleged hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood or district. In looking at the property in totality, this property is unique in that it has two buildings on one lot, and the uses granted for the two buildings on the lot are substantially different. At the time City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 8 of 10 the current property owners purchased the property business and professional office uses were permitted in the district (B-2). In addition, a use variance was granted in 1997 to construct a 2,356 sq. ft. medical office building in the C-3 district. This approval was not acted upon and expired. The property is located adjacent to an existing medical office building. 3. The applicant has demonstrated that the requested use variance will not alter the essential character of the neighborhood. The requested use variance will not be consistent with prior uses for this building. In the past, this building has been occupied by a real estate office and computer repair business, uses that are largely similar in scope to the proposed office related uses. The applicant stated "The proposal of office use will not alter the character of the neighborhood as the building has been commercial for over thirty years". In addition the property is located adjacent to an existing medical office building. Furthermore, the number of parking spaces present on site currently exceeds the required number of spaces for the proposed uses. 4. The applicant has shown that the alleged hardship is not self-created. As the applicant states, zoning changes initiated many years after the purchase of this property created the hardship related to this application and has significantly reduced the allowable uses for this property. The property was purchased in 1971 and at the time allowable uses were business and professional offices. A change in the code in 1990 removed the general office uses allowed on the property and limited permissible uses to what was allowed in a C-3 then TRBD district the only office use that was provided for was real estate offices. Note: Saratoga County Planning Board issued an approval on June 21, 2012. This motion is made with the following conditions: 1. This approval is limited to the 1,300 sq. ft. existing building positioned on the east side of this property with no further expansion. 2. Any prior use variances associated with this above referenced portion of the property are hereby re removed. 3. City Planning Board Site Plan Review as may be required to implement the use variance. Seconded by Gary Hasbrouck. Bill Moore, Chairman asked if there was any further discussion. Oksana Ludd stated she has concerns with the requested change in that in her opinion a use variance should be limited to a particular use rather than a broad change to what appear to be a change in zoning rather than a change in use. I would consider granting a use variance for a particular use rather than have a broad sweep of uses. Discussion ensued among the Board regarding spot zoning. It was the consensus of the Board to hold this application until the September 10, 2012 meeting. Adam McNeill made a motion to withdraw the motion. Seconded by Oksana Ludd. VOTE: Bill Moore, Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 9 of 10  MOTION PASSES: 5-0 APPROVAL OF MINUTES: Gary Hasbrouck made a motion to approve the June 4, 2012 meeting minutes with corrections/additions as submitted. Seconded by Adam McNeill. VOTE: Bill Moore, Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 5-0 Adam McNeill made a motion to approve the June 25, 2012 meeting minutes as submitted. Seconded by Gary Hasbrouck. VOTE: Bill Moore, Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 5-0 UPCOMING ZONING BOARD OF APPEALS MEETING: Zoning Board of Appeals Meeting is scheduled for Monday, September 10, 2012 at 7:00 P.M. MOTION TO ADJOURN. There being no further business to discuss, Bill Moore, Chairman adjourned the meeting at 8:30 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 9/10/12 City of Saratoga Springs Zoning Board Minutes – Monday, July 16, 2012 - Page 10 of 10