Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, NOVEMBER 5, 2012 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:23 P.M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; George "Skip” Carlson; Gary Hasbrouck; Shirley Poppel; Oksana Ludd STAFF: Susan Barden, Senior Planner Joe Scala, City Attorney Tony Izzo, Assistant City Attorney ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being taped for the benefit of the secretary. The minutes are not a verbatim record of the proceedings, therefore, the minutes are not a word-for-word transcript of the recording. NEW BUSINESS: 1. #2657 KERSHNER SHED, 5 Winding Brook Drive, area variance for construction of a detached accessory structure (approximately 336 sq. ft. garden shed) seeking relief from the minimum side yard setback requirement in the Rural Residential District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Tom Kerschner AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback (west) 30 feet 23 feet 7 feet (23%) Mr. Tom Kerschner stated he is requesting an area variance for construction of an accessory structure. Due to the location of my and my next door neighbor's homes, the garden shed, looking north across our side boundary line, looks directly into a steep wooded ravine and wooded property, not into a neighbor's back yard. Looking south, the garden shed looks onto a wooded area that extends several hundred yards. The applicant states the gardening shed cannot be seen from the street. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:28 P.M. Bill Moore, Chairman asked if anyone in the audience would like to speak concerning this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next Zoning Board of Appeals Meeting on November 19, 2012. Mr. Kershner stated they are trying to build this shed before the winter. They would appreciate it if the Board could move this forward. Bill Moore, Chairman stated a resolution will be presented later this evening. 2. #2674 JC BEEKMAN LLC SUBDIVISION, 192 Beekman Street, area variance for a two-lot subdivision of land creating a lot for construction of a two-family residence; seeking relief from the minimum average lot width requirement in the UR-3 District. RECUSAL: Gary Hasbrouck recused himself from this application. Agent: Dan Wheeler, Land Surveyor. SEQRA: Action appears to be an Unlisted SEQRA action. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum average lot width: 80 feet for a Proposed lot 2 two family residence 50 feet 30 feet (37.5%) Mr. Wheeler gave a brief overview of the project. Subdivision approval is required by the Planning Board. Applicant will return to the Zoning Board of Appeals following the November 14, 2012 Planning Board Meeting. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:36 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Correspondence received by the Zoning Board of Appeals: Email correspondence received November 5, 2012-Leonard J Fornabia, 196 Beekman Street. 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. Gary Hasbrouck resumed his position on the board. 3. #2672 VAN ZANDT "BALLET SCHOOL", 27 Jumel Place, use and area variances two additional residential units and an additional education/training facility, while City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 2 of 12  maintaining the ballet school and two apartments permitted by prior variance; seeking relief from the principal permitted uses and from the minimum parking requirement in the UR-3 District. DISCLOSURE: Adam McNeill, Secretary disclosed that he does live within 100 feet of the property mentioned in this application. Use Variance to permit use of the property as it's currently operating with two studio spaces (one for ballet instruction and one for karate instruction) and four residential units. The specific request is to permit an additional training/educational facility (karate school) and two additional residential units in addition to the uses approved by prior variance. "Ballet school and two apartments". AREA VARIANCE: Minimum parking requirement: Residences – 2 per unit; Educational facilities – 1 per 5 students (>16 years) plus 1 per 2 employees. It is unclear what the parking requirement would be for the karate school. One parking space is required for employees ("Each program has one teacher per evening"). The current site plan identifies nine parking spaces onsite. PARCEL HISTORY: January 11, 2010 applications for Malta Montessori School withdrawn by the applicant. November 2009, application for an interpretation and use variance modification, alternatively, a new use variance for Malta Montessori School. The interpretation request was that the proposed use was a modification of the existing use variance granted September 23, 1996 for a ballet school and two apartments. The modification of the use variance was a request to remove the word "ballet" so as to allow a school and two apartments. Modification of a condition of the approval that specifies the hours of operation for the ballet school from 3:00 PM to 7:30 PM Tuesday through Saturday and to 8:45 PM one evening. Alternatively, a new use variance was requested to use the property as a School for children ranging in age from 3 to 12 and two apartments. November 6, 1996 Planning Board Site Plan approval. September 18, 1996 Use Variance approved to convert the existing building into a ballet school and two apartments. September 19, 1996 Area Variance approved for minimum front yard setback, minimum side yard setback, minimum rear yard setback and maximum percent of building coverage. July 10, 1980 Area Variance approved to construct a covered loading dock addition to the existing Adirondack Stihl building. October 14, 1957 ZBA issued a favorable advisory opinion to the City Council for rezoning request by Tarrant Manufacturing. SEQRA: This action is considered an Unlisted Action, the applicant will need to complete Part I of the short EAF form. City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 3 of 12 Applicant: Brett Van Zandt Mr. Van Zandt gave a brief overview of the proposed project. Mr. Van Zandt stated that the approved uses on the site produced little or no profit after maintenance costs and operating expenses were factored in. The property has been listed for sale for approximately 4 ½ years, shown 27 times and 7 written offers were made. Razing the structure is estimated at $120,000. After reviewing the financial numbers over the past six months they are confident that the two residential units and ballet programming alone sustain the financial demands of the building and its grounds at an aesthetically pleasing level, comparable to that of its surrounding neighborhood. The Board requested receipts for revenue, property taxes, where the property was listed, and the listing price, income, annual income, and the lease with the current tenants. When information is provided you can return before the Board. Also a completed Part I of the EAF form is required. Planning Board site plan review is required. Saratoga County Planning Board referral is required. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:10 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Laurie Mahar, 5 Granger Avenue. 7 AM – 10 PM daily operation. Very loud on a daily basis. The property is in severe disrepair. Jeff Leone, 25 Jumel Place. Stated the hours of operation are in violation. Ballet school takes place 7 days a week. There is insufficient parking and homeowners are forced to park down the block and on other streets. No down time for neighbors. Richard Ball, 7 Granger. He agrees with the two prior neighbors who spoke. Tom Sonopoly, Financial Realty. The property was listed for 6 years. Seven written purchase offers. Four were rejected. This property has been some type of school for the last 20 years. He provided the Board with a history of this project. Steve Kozier, Agnes Peppelowski – owners of 50% of the building. Another owner lives in Florida. No one has any money to repair this property. The current offer is the only salvation. 4. #2677 INDEPENDENT TOWERS HOLDINGS, 84 Weibel Avenue, extension to previously granted use variance for a new telecommunications facility in the Transect 5 Neighborhood Center District. SEQRA: No new SEQRA action with application to extend approval. BACKGROUND INFORMATION Use variance to permit the construction of a telecommunications facility; consisting of one cell tower (monopine) at a maximum height of 402 feet above mean sea level (AMSL) with an additional maximum 8 feet in height for optimal City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 4 of 12 camouflaging in a T-5 Neighborhood Center District. Approved May 23, 2011, filed May 27, 2011; approval will expire November 27, 2012 if not extended. Applicant: Dan Schweigard, Independent Tower Holdings Mr. Schweigard stated the original proposed tower owner let its option on the leasehold expire so the landowner needed to reach agreement with a new tower company. This took time for negotiation due diligence and finalization of terms and plans for further processing with the City and its boards. There have been no significant changes on the site, in the neighborhood or within the circumstances upon which the original variance was granted. There have been no changes to the use of the property surrounding the proposed site. The property upon which the site is proposed has not undergone any changes, vegetative clearing, additions or any other type of improvement on or near the proposed site location. The surrounding area continues to be underserved by wireless communications services and thus the facility is still necessary. Site plan approval is required. Architectural review is required. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Is there anyone in the audience who wishes to speak regarding this application. Mr. Kaufman, Shaara Tfille, stated SBA did not pursue the application and that is the only difference between the applications. Our obligation is to maximize our return from the cell tower. Kara Stone, 68 Weibel Avenue. Our property acreage goes around Loudon and abuts the property in question. We were approached by SBA Properties. We had concerns regarding the child care facility which was being provided by the Shaara Tfille and also concern for the neighbors with the issue of safety with a cell tower located so close. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated it is the Board's request that the public hearing be re-noticed to the neighbors in the area. The applicant can return before the Board at the next meeting on November 19, 2012. 5. #2678 VANJAN CABARET/OLD BRYAN INN, 123 Maple Avenue extension to previously granted use variance for a new telecommunications facility in the Transect-5 Neighborhood Center District. PARCEL HISTORY: Area Variance granted April 25, 2011 and filed April 27, 2011. Site Plan review approved July 27, 2011. Historic Review approval August 3, 2011. SEQRA: No new SEQRA action with application to extend approval. Saratoga County Planning Board referral required. City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 5 of 12 The applicant is requesting a 12 month extension for an approved variance. The extension is necessary due to funding and approval by business partners delayed the beginning of the construction. There have been no significant changes on the site, in the neighborhood or within the circumstances upon which the original variance was granted. The applicant indicates that there have been no changes to the proposed size of the addition since approval. The Board questioned the applicant as to why only a 12 month extension when he is allowed 2 – 18 month extensions. The applicant requested additional time to check with the business partners and return before the Board with a definite number of month extension. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:53 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. The application will be placed on the next Zoning Board of Appeals agenda on November 19, 2012. Bill Moore, Chairman stated we will return to the first application for a resolution. #2657 KERSHNER SHED, 5 Winding Brook Drive, area variance for construction of a detached accessory structure (approximately 336 sq. ft. garden shed) seeking relief from the minimum side yard setback requirement in the Rural Residential District. PUBLIC HEARING: Bill Moore, Chairman, asked if there was anyone in the audience who wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 8:54 P.M. Oksana Ludd presented the following resolution. IN THE MATTER OF THE APPEAL OF Christine and Tom Kershner 5 Winding Brook Drive Saratoga Springs, New York from the Building Inspector’s determination for the same premises, identified as Tax Parcel No.: 167.5-5-25 in the outside district of the City. The Applicants have applied for an area variance for relief from the current City Zoning Ordinance regarding the minimum side yard setbacks for an accessory structure in a Rural Residential zoning district, and public notice having been duly given of a hearing on said application on November 5, 2012. City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 6 of 12  Action appears to be a Type II action, “Construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carport, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other building not changing the land use or density;” and therefore exempt from further SEQRA review per 6 NYCRR Part 617.5 (C)(10). In consideration of the balance between the benefit to the Applicants with the 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, as described in the submitted application, BE APPROVED Type of Requirement Required Proposed Total Relief Requested Minimum Side Yard Setback (west) 30 feet setback 23 feet 7 feet (23%) 1. The Applicants have demonstrated that this benefit cannot be achieved by other means feasible. The current physical landscape of the rear yard would require extensive relocation of landscaping and would result in the garden shed being located in a non-architecturally appealing location. The Applicants have indicated that they are requesting the variance because the garden shed would fit well with the topography of the property in the desired location. Additionally, the back portion of the property consists substantially of a wooded area as well as a wetlands buffer, which restricts the ability to locate an accessory structure in those areas. 2. The Applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties. Due to the existence of an eight (8) foot high berm with a four (4) to five (5) foot wrought iron fence on top of the berm, the neighbor living at the adjoining property would have minimal visibility of the garden shed. Additionally, the garden shed, being located in the rear of the property, would be minimally visible from the street and will be constructed of material conforming to the style and character of the existing residence on the property. 3. The relief requested may not be considered substantial at 23%, and is granted in keeping with the general character of the neighborhood. 4. The Applicants have demonstrated that the variance with not have a significant adverse physical or environmental effect on the neighborhood. The natural existing woodlands and the berm create a private back yard area such that the garden shed will be minimally visible by neighbors or from the street. The proposed garden shed is approximately 336 square feet. It does not appear that this additional impermeable surface areas would create an adverse environmental effect on the neighborhood or district. The lot is over five (5) acres and appears to exceed the minimum 80% to remain permeable. 5. The alleged difficulty may be considered self-created in that the Applicants desire to construct the garden shed within the required side yard setback area, however, this is not necessarily fatal to the application. Adam McNeill seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. 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 City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 7 of 12  MOTION PASSES: 7-0 OLD BUSINESS: 6. #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. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PUBLIC HEARING 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 8:59 P.M. Shirley Poppel presented the following resolution: IN THE MATTER OF THE APPEAL Peter and Jennifer Lopatka 15 Lafayette Street Saratoga Springs, NY 12866 from the Building Inspector’s determination for the premises at 15 Lafayette Street, identified as Tax Parcel Section 165.60, Block 2, Lot 50, Inside District of the City of Saratoga Springs, New York. The appellant has applied for AREA VARIANCES for relief from the current City Zoning Ordinance for an addition to an existing single-family residence; seeking relief from the minimum side yard setback (west and east sides), and a maximum lot coverage for the principal building requirement in the UR-4 district. District and public notice having been duly given of a hearing on said application held on Monday, October 15, 2012 and Monday, November 5, 2012. 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 and plans, be APPROVED: Required Existing Proposed Relief Requested Maximum building coverage 25% 30% 40% 15% (60%) principal building Minimum side yard setback: (west) 20 feet 2.5 feet 3 feet 9 inches (3.75 ft) 16.25 feet (81.25%) Minimum side yard setback: (east) 20 feet Approx. 6 feet 9 feet 1 inch (9.08 ft) 10.92 feet (54.6%) Minimum total side yard setback 45 feet 8.5 feet 12 feet 10 inches (12.83 ft) 32.17 feet (71.49%) City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 8 of 12  1) The applicant has demonstrated this benefit cannot be achieved by other means feasible. According to the application, “The lot is substandard and pre-existing. Any expansion would require an area 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, that the addition is designed to complement the original historical house in size and scale. 3) The requested variance does appear to be substantial; however the existing residence is preexisting nonconforming with regard to the minimum average lot width requirement. In UR-4 100 feet is required, while the subject lot is 50 feet wide. They have tried to minimize the requested variances by keeping the addition as small as possible while still meeting their needs. 4) The variances will not have significant adverse physical or environmental effect on the neighborhood or district. The proposed addition will replace a previous porch that had been there. It will meet or exceed the 15% minimum permeable space requirement for the district. 5) The application states, “The desire to expand is self-created, however the site conditions are very restrictive along with the required zoning”. Keith Kaplan, Vice Chairman seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. 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 7. #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. The application was heard at the October 15, 2012 meeting; the public hearing was opened and remains open. The Board requested a portion of the tax map that identifies the lot areas in the neighborhood. SEQRA: Action appears to be Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY 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. City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 9 of 12 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." 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%) Applicants: Thomas and Rachel Uccellini 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. Additional correspondence received by the Zoning Board of Appeals: Email correspondence from Randall Royka, 54 Granger Avenue, received November 4, 2012. Email correspondence from Judith and Christopher Fiore, 261 Caroline St., received November Nov. 3 Email correspondence from Joseph and Jodi Brimhall received October 31, 2012. Letter from Randall and Kathleen Royka, 54 Granger Ave., dated October 15, 2012. Letter from Kathleen McCarthy and Matthew Sanchez, 63 Fifth Ave., dated Oct. 15, 2012. Petition with 68 signatures submitted October 15, 2012. Statement submitted October 15, 2012 with 8 signatures. Statement from Gayle Rodriquez submitted on October 15, 2012 . Letter from Diane and Arnold Redbord, 65 Fifth Avenue, dated September 28, 2012. Statement from Arnold Redbord submitted Oct. 15, 2012. Carol Ann Maguire, 294 Caroline Street. Submitted photographs of the property in question during Spring and Summer. Discussed the change in the neighborhood and trees which will be removed during construction. Also views from different lots in the neighborhood showing a significant change in the neighborhood. Also concern over the size of the footprint of the home. John Witt, Developer, this house is designed for this space. It will fit nicely into the neighborhood. I designed it this way keeping the roof lines lower. There is a lot of space there and the neighborhood will be proud of this home when completed. Diane Redbord, 65 5th Avenue. This is not in compliance. Paul McGuire, 294 Caroline Street. Thanked the Board for their time on this application. Board recessed at 9:34 P.M. City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 10 of 12 Board reconvened at 10:11 P.M. PUBLIC HEARING: Bill Moore, Chairman, closed the public hearing at 10:11 P.M. Bill Moore, Chairman stated each of the board members will give their individual opinions of this application, citing all the conditions for an Area Variance. Bill Moore, Chairman stated the Board will review the comments and concerns and information in its entirely and a resolution will be prepared and presented a the next Zoning Board of Appeals Meeting on November 14, 2012. 8. 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.. This application was heard at the October 15, 2012 meeting and the public hearing was opened at that time and remains open. The Board requested design alternatives that could be considered or those that were considered and determined not to be feasible and why. 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 AREA VARIANCE CONSIDERATION 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 gave a brief overview of the project for the Board with several options provided for the Board's review. Discussion ensued regarding the amount of variances requested and to try to reconfigure project to help alleviate a variance or two if possible. 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, November 5, 2012 - Page 11 of 12 None heard. Bill Moore, Chairman stated the public hearing will remain open. The Board will have a resolution prepared for this application at the next Zoning Board of Appeals Meeting on November 19, 2012. APPROVAL OF MINUTES: Approval of meeting minutes was deferred until the next Zoning Board of Appeals Meeting on November 19, 2012. UPCOMING ZONING BOARD OF APPEALS MEETING: Zoning Board of Appeals Meeting is scheduled for Monday, November 19, 2012 at 7:00 P.M. MOTION TO ADJOURN. There being not further business to discuss, Bill Moore, Chairman adjourned the meeting at 11:12 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 1/28/13 City of Saratoga Springs Zoning Board Minutes – Monday, November 5, 2012 - Page 12 of 12