Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, DECEMBER 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; Gary Hasbrouck; Oksana Ludd ABSENT: Bill Moore, Chairman; George "Skip” Carlson; Shirley Poppel; STAFF: Susan Barden, Senior Planner ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded 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. COMMENTS FROM THE CHAIR: Keith Kaplan, Vice Chairman stated there are only four members of the Zoning Board of Appeals present this evening. It is the applicant's prerogative whether you wish to have your case adjourned to the next meeting when there will be a larger contingent of Board members present. NEW BUSINESS: 1. HERMAN RESIDENCE, 83 Nelson Avenue, area variance for construction of a garage with second-story temporary accessory dwelling to be attached to the existing single-family residence, seeking relief from the minimum side yard setback requirement in the UR-2 District. The application was heard at the December 3, 2012 meeting. The public hearing was opened and remains open. The applicant revised their drawings to comply with the requirement that, "Access shall only occur through a building entrance that serves both the principal dwelling and the temporary accessory dwelling and through a living area in the primary dwelling. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Agent: Tonya Yasenchak, Engineering America PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing remains open. Keith Kaplan, Vice Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Keith Kaplan, Vice Chairman, closed the public hearing at 7:19 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL David and Denise Herman 85 Nelson Avenue Saratoga Springs NY 12866 from the Building Inspector’s determination for the premises at 85 Nelson Avenue, identified as Tax Parcel Section 179.21, Block 2, Lot 20, 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 the construction of a garage with a second story temporary accessory dwelling to be attached to the existing single-family residence; seeking relief from the minimum side yard setback, in the UR-2 district. District and public notice having been duly given of a hearing on said application held on December 3rd and 17th, 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 VARIANCE for the following relief or lesser dimensions, as described in the submitted application and plans, be APPROVED: Required Proposed Relief Requested Minimum side yard setback 8 feet 5.5 feet 2.5 feet (31.25%) 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible. As the application states, “Additional land is not available for purchase.” “Relocating the garage at 8 feet from the north property line results in less than 17 feet back up area for cars which is less than the length of a standard parking space.” Detaching the garage would negate the ability to have a temporary accessory dwelling without additional relief. 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood. As the application states, “The property to the north has a similar attached garage with a setback of only 2 feet.” The new addition will be consistent with character of the neighborhood. 3) As the application states, “The variance is not substantial.” The variance sought is 2.5 feet less than the 8 foot minimum side setback, resulting in a 5.5 foot setback. 4) The variance will not have significant adverse physical or environmental effect on the neighborhood or district. As the application states, “No Large trees will be removed and the lot is large enough to be in conformance with site coverage”. 5) As the application states, “The desire to expand is self-created as the owners are choosing to propose the new addition.” City of Saratoga Springs Zoning Board Minutes – Monday, December 17, 2012 - Page 2 of 6 The Board notes: The applicant will have to submit documentation / verification to the zoning and Building Inspector that the temporary dwelling unit will be used temporarily, that the unit will not have separate utilities and that no compensation in the form of rent will be collected. 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; Gary Hasbrouck, in favor; Oksana Ludd, in favor; MOTION PASSES: 4-0 2. 2662.1 PEEK ADDITION, 34 York Avenue, modification to previously granted area variance July 16, 2012, to demolish existing detached garage and rebuild a new detached garage with second-story living space; seeking relief from the maximum percent lot coverage for the accessory building and relief to permit habitable space in a garage in the Urban Residential-3 District. SEQRA Action appears to be a Type II action and therefore exempt from further SEQRA review. The original application was for an 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. The application was approved on July 16, 2012. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING/PREVIOUSLY PROPOSED TOTAL RELIEF APPROVED: REQUESTED Maximum building 10% Approximately 16.4% 14.4% 4.4% (44%) coverage (existing); 16.6% accessory (previously requested/ structure approved) Agent: Tonya Yasenchak, Engineering America The previous original application was for an 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. The application was approved on July 16, 2012. Since that time the owner has had some financial changes in her life. It seems easier to build a brand new carriage house. The carriage house will be made smaller. Decrease in previous variance which was already approved. Keith Kaplan, Vice Chairman asked if there were any further questions. City of Saratoga Springs Zoning Board Minutes – Monday, December 17, 2012 - Page 3 of 6 None heard. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:33 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Vice Chairman closed the public hearing at 7:34 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL Andrea Peek 34 York Avenue Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 34 York Avenue, in the City of Saratoga Springs, New York being Section 166.45, Block 4, Lot 9, Inside District, on the Assessment Map of said City. WHEREAS, the appellant having applied for an AREA VARIANCE under the Zoning Ordinance of said City for the rehabilitation of a two story detached garage in an UR-3 district and public notice having been duly given of a hearing on said application held on December 17th, 2012. WHEREAS, on July 16, 2012 this Board granted an area variance, “As per the plans submitted and thereby gave dimensional relief from the minimum front yard setback, minimum side yard setback, maximum lot coverage for an accessory building, and granted limited use of habitable space in a private detached garage. The relief granted in that July 16, 2012 area variance resolution is incorporated herein by reference, and; WHEREAS, the applicant has now submitted revised plans dated November 13, 2012 which requires demolition of the existing garage and incorporates plans to construct a similar garage with a smaller footprint. The Board has reviewed said revised plans and has determined that heir submittal does not substantially affect the grounds for the relief granted in the July 16, 2012 decision except for the detached garage which now only required 4.4% (44% deviation from the requirement) of relief from maximum building coverage-accessory structure. The Board therefore grants applicant’s request to substitute the revised plans dated November 13, 2012 for the approved plans, and to hereby amend accordingly the July 16, 2012 decision. Oksana Ludd 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; Gary Hasbrouck, in favor; Oksana Ludd, in favor; MOTION PASSES: 4-0 OLD BUSINESS City of Saratoga Springs Zoning Board Minutes – Monday, December 17, 2012 - Page 4 of 6  3. 2672 VAN ZANDT "BALLET SCHOOL", 27 Jumel Place, use and area variances to permit two additional residential units and an additional educational/training facility, while 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. Agent: Bill Hamill, Buyers Agent Applicant: Brett Van Zandt The application was heard at the November 5, 2012 and November 19, 2012 meetings; the public hearing was opened on November 5, 2012 and remains open. The Board requested additional information including rental income, receipts for maintenance/expenses, copies of commercial leases, quote for demolition of the structure, complete appraisal report number of total enrollment (ballet and karate schools). Use Variance request 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/education facility karate school and two additional residential units in addition to the uses approved by prior variance. Keith Kaplan, Vice Chairman reiterated to the applicants the presence of four Board members this evening and its impact on this application and the ability of the applicant to adjourn this application to the next Zoning Board of Appeals Meeting on January 14, 2013. The applicant decided to move forward with the application. Mr. Hamill, buyer’s agent stated this is a very unique property in a residential property. Additional information requested by the Board was presented to the Board members. Mr. Van Zandt reiterated the availability of parking spaces to accommodate the parking. 15 minimum parking spaces and the ability to provide 20 maximum. Susan Barden, Senior Planner stated the amount of permeability in a UR-3 property is 25%. Mr. Van Zandt stated the building in and of itself is not in character with the neighborhood which is a single family area. If we were attempt to bring it back to a single family home demolition would cost approximately $170,000 for the commercial side alone. It would be very difficult to sell that land and gain a profit. We are interested in doing away with karate entirely and adding two additional tenant units. Mr. Hamill stated there is a solution with reasonable balance which will satisfy the neighbors, the neighborhood, the applicant and the City. The dance studio with reasonable hours, resolving the parking issues, no karate, and new tenants. Maintaining the green space and dealing with the nuisance parking. Keith Kaplan, Vice Chairman stated it seems like this would be a modification to your application. Mr. Hamill stated this is clearly a modification and perhaps we should approach it that way. Discussion ensued regarding changing the application, re-applying and the waiver of application fees. Mr. Van Zandt stated he is trying to do the lowest impact approach. He will re-apply and start over with a lower impact on the neighborhood. City of Saratoga Springs Zoning Board Minutes – Monday, December 17, 2012 - Page 5 of 6 Keith Kaplan, Vice Chairman stated the Board could vote on waiver of fees. Oksana Ludd stated if he wants to reapply I believe we can do that. Adam McNeill stated he goes along with that. Keith Kaplan, Vice Chairman stated there is an abundance of paperwork which might be able to be reused. 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. Maureen Mahar, 5 Grainger Avenue. I would welcome the operation of the property as the prior variance states. Keith Kaplan, Vice Chairman closed the pubic hearing at 8:04 P.M. APPROVAL OF MINUTES: Discussion ensued regarding the meeting minutes. It was the consensus of the Board to hold approval of both the November 5, 2012 meeting and the November 19, 2012 meeting until the next Board meeting, January 14, 2013. Gary Hasbrouck made a motion to approve the minutes of the December 3, 2012 meeting minutes. Oksana Ludd seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Oksana Ludd, in favor; MOTION PASSES: 4-0 UPCOMING ZONING BOARD OF APPEALS MEETING: Zoning Board of Appeals Meeting is scheduled for Monday, January 14, 2013 at 7:00 P.M. MOTION TO ADJOURN. There being not further business to discuss, Keith Kaplan, Vice Chairman adjourned the meeting at 8:20 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 2/25/13 City of Saratoga Springs Zoning Board Minutes – Monday, December 17, 2012 - Page 6 of 6