Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, OCTOBER 15, 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; "Skip” Carlson; Gary Hasbrouck; Shirley Poppel; Oksana Ludd 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. NEW BUSINESS: 1. #2538 GRIDLEY STREET STABLES, North Side of Gridley Street, East of Jefferson Street; extension of area variance originally approved December 10, 2009 for construction of horse stables in the Institutional Horse Track Related District. The Zoning Board of Appeals may grant up to two 18 month extensions for an approved variance. SEQRA: Action appears to be a Type II action. Applicant: Jim Doyle Mr. Doyle stated a Site Plan extension approval was issued by the Planning Board on October 10, 2012. The current request is for a possible final 18 month extension per the Zoning Ordinance, which is necessary for additional time to construct and amend approvals. Mr. Doyle stated he has recently purchased this property. He respectfully requests an 18 month extension. Mr. Doyle also informed the Board that he has submitted an application for the Special Use Permit which is due to expire in January 2013. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:01 P.M. Bill Moore, Chairman asked if anyone in the audience would like to speak concerning this application. None heard. Bill Moore, Chairman closed the public hearing at 7:02 P.M. Oksana Ludd presented the following resolution: IN THE MATTER OF THE APPLICATION OF James G. Doyle For extension of area variance for #2538 GRIDLEY STREET STABLES Saratoga Springs, NY 12866 James G. Doyle has applied for a second extension of the area variance for the premises located on Gridley Street, east of Jefferson Street in Saratoga Springs, and identified as tax parcels 179.29-1-23, 24, 45 and 52 and parcels 178.36-3- 10 and 11, which area variance was originally granted on December 10, 2009 for construction of horse stables in the Institutional Horse Track Related District and was extended on March 28, 2011 to expire on December 10, 2012. Based on the evidence submitted by the applicant that the circumstances upon which the original area variance was granted have not changed and specifically that the application for an extension of a granted area 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, in the neighborhood or within the circumstances upon which the original area variance was granted warranting otherwise, the Board moves that the application of James G. Doyle for a second extension of the area variance be approved. The Board specifies that the area variance approved on December 10, 2009 be extended for an additional 18 months from the expiration date of the first extension, with the new expiration date to be June 10, 2014. The area variance shall expire on June 10, 2014, unless the necessary building permit has been issued and actual construction begun as per 240-8.5.1. Keith Kaplan seconded the motion. Bill Moore, Chairman, asked if there was any further discussion. Keith Kaplan, Vice Chairman questioned the tax parcel numbers and if they were correct as submitted on the resolution. Discussion ensued and staff will re-check tax parcel numbers for accuracy. Mike Clark a neighbor of this applicant questioned if the paper street Madison Street would be landlocked. Bill Moore, Chairman, and Mr. Doyle both assured Mr. Clark that this will not occur. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; Oksana Ludd in favor MOTION PASSES: 7-0 2. #2671 LOPATKA ADDITION, 15 Lafayette Street, area variance for construction of an addition to an existing single-family residence; seeking relief from the minimum side yard setback )west and east sides), total side yard setback and maximum lot coverage for the principal building requirement in the UR-4 District. Applicant: Peter and Jennifer Lopatka. Agent: Sue Davis, SD Atelier Architects City of Saratoga Springs Zoning Board Minutes – Monday, October 15, 2012 - Page 2 of 6 SEQRA: Action appears to be a Type II action, and there fore exempt from further SEQRA review. BACKGROUND: Area variances were approved July 7, 1999, "To remove the deteriorated rear portion of the existing single family residence and construct a new sunroom". The area variance for relief from a side yard setback from the required 20 feet to 3 feet, total side yard setback from the required 45 feet to 16 feet, and total lot coverage from 25 percent to 35 percent". This area variance was not acted upon and expired. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum building coverage 25% 40% 15% (60%) principal building Minimum side yard setback 20 feet 2.5 feet 3 feet 9 inches 16.25 feet (81.25%) (west) (3.75 ft) Minimum side yard setback 20 feet Approx. 9 feet 1 inch 10.92 feet (east) 6 feet (9.08 ft) (54.6%) Minimum total side yard setback 45 feet 8.5 feet 12 feet 10 in 32.17 feet (12.83 ft) 71.49% Ms. Davis gave a brief overview of the project for the Board. A model of the proposed project was provided for the Board outlining the applicant's request. The applicant is looking to create a mudroom and a deck on the back of the home. The home is on the border of the UR-4 district. We are aware of the setbacks. Those which cannot be adhered to the reason the application is requesting an area variance. DRC Architectural Review is also required. Colors will match the remainder of the house. Shirley Poppel questioned the permeability of the lot following construction. PUBLIC HEARING Bill Moore, Chairman opened the public hearing at 7:20 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 we will have a resolution ready for presentation at the next meeting. 3. #2670 UCCELLINI RESIDENCE, 45 Granger Avenue, area variance to construct a single family residence on a vacant parcel; seeking relief from the minimum lot size requirement, minimum front and rear yard setbacks and maximum lot coverage for the principal building requirement in the UR-1 District. PARCEL HISTORY City of Saratoga Springs Zoning Board Minutes – Monday, October 15, 2012 - Page 3 of 6 Previously a use variance was required from an area variance for relief from the minimum lot size requirement, an area variance that would affect a change in density. Application was withdrawn on September 17, 2012. Use and Area Variances withdrawn August 2005. Use Variance for relief from the minimum lot area requirement and area variances from the minimum front yard, rear yard and maximum percent of lot coverage for the principal building. Interpretation denied March 31, 2004. Appeal of the Building Inspector's denial that a use variance would be required to construct a single-family residence. From the Building Inspector's denial, "According to Section 240-2.4 the minimum lot area (12,500 sq. ft.) applies to this lot, which according to the survey contains only 6,289.62 sq. ft. of land. Since prior to 1061 and up until 1980, this lot was owned in common with the premises at 65 Fifth Avenue, which has a lot area of 8,000 sq ft. The combined total area of land prior to 1980 was only sufficient for one single-family residence." SEQRA: This appears to be a Type II action. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum lot size: 12,500 sq ft 5,851 sq. ft 6,649 sq. ft Maximum building coverage principal building 20% 31% 11% (55%) Minimum front yard setback 30 feet 2.7 feet 27.3 feet (91%) Minimum rear yard setback 30 feet 6 feet 24 feet (80%) Applicant: Thomas and Rachel Uccellini Mr. Uccellini stated since his last appearance before the Board he did have the property surveyed. Mr. Uccellini presented the Board with new drawings of the home revealing the increased amount of green space in the front of the proposed construction. 51% of the lot will remain permeable. Discussion ensued regarding any other considerations to decrease the amount of area variances requested, and whether the request is self created. Adam McNeill, Secretary requested information from the applicant regarding other properties which have substandard lot sizes as well. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:53 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Diane Redboard, 65 5th Avenue. Ms. Redboard read into the record letters from the following neighbors: Kathleen McCarthy and Matthew Sanchez, 63 5th Avenue, in opposition of this application. Randy and Kathy Roika, 54 Granger Avenue, in opposition of this application. Paul McGuire, 294 Caroline Street submitted signatures collected in opposition of this application. Carol Ann McGuire, 294 Caroline Street. Reviewed the criteria for approval of an area variance. City of Saratoga Springs Zoning Board Minutes – Monday, October 15, 2012 - Page 4 of 6 In opposition of this application and has been for over seven years. These are several substantial requests for area variances. Submitted to the Board signatures of residents who also assisted her in her research and who are also against this application. Judy Dion, 52 Granger Avenue. The lot is too small to build a home. Does not wish to give up the green space. Gayle Rodriquez, 71 5th Avenue. Stated the importance of green space and is in opposition to the application. Diane Redboard, 65 5th Avenue. Lived in this home for ten years. Maintain the quality of life for the residents who live here. This is an unbuildable lot. In opposition to the application. Arnie Redboard, 65 5th Avenue. Request the Board to review the information and zoning code. In opposition to the application. Bill Moore, Chairman stated we will leave the public hearing open. If the applicant can provide staff Susan Barden, with the information requested, she will forward it onto the Board and we should have a resolution and a decision for you on Monday, November 5, 2012. 4. KERN ADDITION, 16 Second Street, area variance for construction of additions to an existing single-family residence including an attached garage; seeking relief from the minimum front and rear yard setbacks, minimum side yard setback (west and east sides) and total side yard setback, and maximum lot coverage for the principal building requirement in the UR-1 District.. SEQRA This appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Greg and Rebecca Kern Agent: Tonya Yasenchak, Engineering America Required Existing Proposed Total Relief Requested Maximum building coverage principal building 20% 23.12% 34.82% 14.82% 74.1%) Minimum front yard setback 30 feet 12 feet 12 feet 18 feet Minimum rear yard setback 30 feet 34.9 feet 27 feet 3 feet (10%) Minimum side yard setback – west 12 feet 12 feet 6.1 feet 5.9 feet (49.17%) Minimum side yard setback – east 12 feet 19.7 feet 3.7 feet 8.3 feet (69.17%) Minimum total side yard setback 30 feet 31.7 feet 9.8 feet 20.2 feet (67.33%) Ms. Yasenchak stated the Kerns' are looking to renovate this home into a classic craftsman home. They would like to extend the porch along the front of the house. Renovate the first floor to include a master suite. An addition will be added to the west side of the house. The garage will be attached. This is not an undesirable change in the neighborhood. This is very consistent with the character of the neighborhood. Discussion ensued regarding the amount of variances requested and to try to reconfigure project to help alleviate a variance or two if possible. Bill Moore, Chairman, opened the public hearing at 8:55 P.M. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. City of Saratoga Springs Zoning Board Minutes – Monday, October 15, 2012 - Page 5 of 6 None heard. Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman asked if it is possible to revisit and perhaps do some reconfiguration and resubmit to the Board at the next meeting. APPROVAL OF MINUTES: Keith Kaplan, Vice Chairman made a motion to approve the minutes of the September 10, 2012 meeting minutes. Oksana Ludd seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Skip Carlson, in favor; Gary Hasbrouck, in favor; Oksana Ludd, in favor; Shirley Poppel, in favor MOTION PASSES: 7-0 Adam McNeill, Secretary made a motion to approve the minutes of the September 17, 2012 meeting as submitted. Keith Kaplan, seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; Bill Moore, Chairman, Gary Hasbrouck, Shirley Poppel were absent from the meeting, and therefore abstained. MOTION PASSES: 4-0-3 UPCOMING ZONING BOARD OF APPEALS MEETING: Zoning Board of Appeals Meeting is scheduled for Monday, November 5, 2012 at 7:00 P.M. MOTION TO ADJOURN. There being not further business to discuss, Bill Moore, Chairman adjourned the meeting at 9:01 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 11/19/12 City of Saratoga Springs Zoning Board Minutes – Monday, October 15, 2012 - Page 6 of 6