Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, SEPTEMBER 17, 2012 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Keith Kaplan, Vice Chairman, called the meeting to order at 7:00 P.M. SALUTE TO THE FLAG PRESENT: Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; "Skip” Carlson; Oksana Ludd ABSENT: Bill Moore, Chairman; Gary Hasbrouck; Shirley Poppel STAFF: Susan Barden, Senior Planner 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. OLD BUSINESS: 1. #2624.1 KLIKOCKI PROPERTY CELL TOWER 2328 NYS Route 50, second extension to previously granted use variance for a new telecommunications facility (prior applicant was SBA and Verizon Wireless) in the Office Medical Business District and Rural Residence -1 Districts. Applicant: Walter Klikocki Keith Kaplan, Vice Chairman asked if there was any further information the applicant wished to provide. Susan Barden, Senior Planner stated the site plan was provided. Site plan confirms that the tower as it is sited now will meet the new requirements for the full height of the tower setback from the property line. PUBLIC HEARING: Keith Kaplan stated the public hearing remains open. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Saratoga County Planning Board has been requested, no reply has been received as of this date. Keith Kaplan, Vice Chairman closed the public hearing at 7:02 P.M. Keith Kaplan Vice Chairman presented the following motion:  IN THE MATTER OF THE APPLICATION OF Walter E. Klikocki 2348 Route 50 South Saratoga Springs, New York 12866 Based on submitted evidence that the application for an extension of a granted variance does not differ from the original application and approval, other than the name of the applicant in this case, 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 Walter Klikocki for a second extension for the premises at 2348 Route 50 South in the City of Saratoga Springs, and identified as tax parcel #191.00-1-33 originally granted on July 16, 2009 and extended on March 14, 2011 for 18 months by means of a Board-granted extension, which would have expired on July 16, 2012 for construction of a maximum 125- foot-high telecommunications tower disguised as a silo with corresponding barn-style accessory structure in an RR-1 district be approved. The Board specifies that the variance approval be extended for an additional 18 months from the expiration date of the first extension, with the new expiration date to be January 16, 2014. The variance shall expire on January 16, 2014 unless the necessary building permit has been issued and actual construction begun as per Article 240-14.5 G. The Board notes that the applicant has indicated a possible alternative site for this project, on the portion of the subject parcel located west of the railroad tracks. As this would constitute a significant change requiring Board approval, such a change absent Board approval would invalidate this extension. Condition: Saratoga County Planning Board approval or determination of No Significant County Wide or Inter Community Impact. Adam McNeill seconded the motion. 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; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 4-0 2. #2668 BURKE ADDITION, 18 E. Harrison Street, area variance for attached garage to an existing single-family residence; seeking relief from the minimum total side yard setback and maximum lot coverage for the principal building requirements in the Urban Residential-3 District. Applicant: Cornelius and Susan Burke The applicants have provided permeability information stating the property has 47% permeability. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing remains open. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. City of Saratoga Springs Zoning Board Minutes – Monday, September 17, 2012 - Page 2 of 5 None heard. Keith Kaplan, Vice Chairman closed the public hearing at 7:14 P.M. Skip Carlson, presented the following resolution. IN THE MATTER OF THE APPEAL OF Cornelius and Susan Burke 18 East Harrison Street Saratoga Springs, New York 12866 From the determination of the Building Inspector involving the premises at 18 East Harrison Street in the city of Saratoga Springs, New York, being tax parcel 166.45-4-5 in the inside district of the Assessment Map of said City. The appellant having applied for an area variance to construct an attached garage addition to an existing single-family residence; seeking relief from the minimum total side year setback and maximum lot coverage for the principal building requirements in the Urban Residential-3 District; and public notice having been duly given of a public hearing on said application on September 10, 2012 and September 17, 2012. Type of Required Existing Proposed Total Relief Requested Requirement Maximum Building 30% 41% 47% 17% (57%) Coverage-Principal Building Minimum Total Side 12 feet 20.6 5.5 feet (1.5 ft 6.5 feet (54%) Yard Setback existing on north side and 4 feet proposed on south side) As per submitted plans BE APPROVED for the following reasons: 1.) The applicant has demonstrated that this benefit cannot be achieved by other means feasible. The application indicates the effort made to “make the garage smaller widthwise to accommodate a one car garage rather than a two car garage.” 2.) The applicant has demonstrated that granting these variances will not create an undesirable change in neighborhood character or a detriment to nearby properties. The application states that “the proposed garage is in harmony with other residences in the neighborhood.” The home is located in a neighborhood where many of the homes were built very near property lines. 3.) The relief may be considered substantial at more than 50% for both maximum lot coverage and minimum side yard setback, but is granted in keeping with the general character of the neighborhood. 4.) The applicant has demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood. The access to the property would remain the same and the minimum percent to remain permeable would be met with the removal of the existing asphalt driveway and the installation of 80% permeable grass pavers. City of Saratoga Springs Zoning Board Minutes – Monday, September 17, 2012 - Page 3 of 5  5.) The applicant’s desire for an attached garage addition may be considered a self-created hardship, but this is not necessarily fatal to the application. Adam McNeill seconded the motion. Keith Kaplan, Vice Chairman asked if there are further questions from the Board. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 4-0 OLD BUSINESS: 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. Applicant: Thomas and Rachael Uccellini. The applicant has requested the variance application be withdrawn. Adam McNeill, Secretary made a motion to accept the withdrawal of this application. Skip Carlson, seconded the motion. Keith Kaplan asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 4-0 MOTION TO ADJOURN. There being not further business to discuss, Adam McNeill made a motion to adjourn. Skip Carlson seconded the motion. VOTE: City of Saratoga Springs Zoning Board Minutes – Monday, September 17, 2012 - Page 4 of 5  Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 4-0 Keith Kaplan, Vice Chairman adjourned the meeting at 7:20 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 10/15/12 City of Saratoga Springs Zoning Board Minutes – Monday, September 17, 2012 - Page 5 of 5