Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JANUARY 14, 2013 7:00 P.M. CITY COUNCIL ROOM ELECTION OF OFFICERS Susan Barden, Senior Planner stated as an initial step in the first meeting of the year is the nomination and election of officers for the 2013 year. There are seven members of the Board present tonight. Susan Barden, Senior Planner conducted the annual elections for the year 2013. The nomination for officers will be held in the order in which they appear on the letterhead. Board Chair: A nomination of Bill Moore to continue as Chairman of the Zoning Board of Appeals was moved by Adam McNeill. Motion was seconded by Keith Kaplan. No further nomination for the office of chair. All in favor to close the nominations for the office of chair signify by saying aye. All in favor - Ayes all, nayes none. Motion carries 7-0. Board Vice-Chair: A nomination of Keith Kaplan for the office of Vice Chairman was moved by Bill Moore. Motion seconded by Skip Carlson. No further nominations for the office of Vice-Chair. All in favor to close the nominations for the office of chair signify by saying aye. All in favor Ayes all, nayes none. Motion carries 7-0. Board Secretary: A nomination of Adam McNeill for the office of Secretary was moved by Gary Hasbrouck. Motion was seconded by Skip Carlson. No further nominations for the office of Secretary. All in favor to close the nominations for the office of chair signify by saying aye. All in favor Ayes all, nayes none. Motion carries 7-0 Vote for Chair: Votes in favor of electing Bill Moore, Chairman were unanimous. 7-0. Vote for Vice-Chair: Votes in favor of electing Keith Kaplan, Vice Chairman were unanimous. 7-0. Vote for Secretary: Votes in favor of electing Adam McNeill, Secretary were unanimous. 7-0. CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:10 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill Secretary; Gary Hasbrouck; George “Skip” Carlson; Shirley Poppel; Oksana Ludd STAFF: Susan Barden, Senior Planner, City of Saratoga Springs ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded 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. APPLICATIONS ADJOURNED TO JANUARY 28, 2013  5. #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 uses and from the minimum parking requirement in the UR-3 District. Application adjourned to January 28, 2013. NEW BUSINESS: 1. #2679 GAFFNEY'S ADDITION, 20-22 Caroline Street, area variance to enclose the existing patio area of an existing eating and drinking establishment, seeking relief from the minimum two-story requirement in the T-6 Urban Core District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: DRC CAROLINE 20 GAFFNEY'S/JOHN BAKER 1998.025 HISTORIC STREET PLANNING BOARD CAROLINE 20 GAFFNEY'S RESTAURANT 97.003 SITE PLAN REVIEW STREET AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum two story Two-story 1470 sq. ft Additional 900 sq. ft 870 sq. ft. one story one story Totaling 2370 sq ft one story (beyond 1500 exempted) (37%) Applicant: John Baker, Owner Agents: Jon Lapper, Attorney; Bartlett, Pontiff, Stewart & Rhodes, P.C., Tom Frost, Architect; Sonny Bonacio, Builder Mr. Lapper gave a brief overview of the project. Mr. Frost gave a brief presentation to the Board of the proposed structure. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:28 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Bruce Levinsky, adjoining property owner. Mr. Levinsky stated he has no objections to the application, in fact, he endorses it. Bill Moore, Chairman closed the public hearing at 7:29 P.M. Adam McNeill made a motion and presented the following resolution: John F. Baker City of Saratoga Springs Zoning Board Minutes – Monday, January 14, 2013 - Page 2 of 7  16 Caroline Street Saratoga Springs, NY 12866 ZBA #2679 From the Building Inspector’s determination for the premises at 20-22 Caroline Street, Saratoga Springs, New York 12866, identified as Tax Parcel Section, 165.60-1-66 in the Inside District of said City. WHEREAS, the appellant has applied for an AREA VARIANCE for relief from the current City Zoning Ordinance from the minimum two-story requirement to enclose an approximate 900 sq. ft. existing patio area of an existing eating and drinking establishment (Gaffney’s) in a Transect-6 Urban Core district; and public notice having been duly given of a hearing on said application held on January 14, 2013. 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, be APPROVED: Required Existing Proposed Relief Requested Minimum two-story: Two-story 1470 sq. ft. one- Approx. additional *870 sq. ft. one-story (1500 sq. ft. exemption) story 900 sq. ft. one-story *Total one-story area 2370 sf (existing and proposed); relief is for 870 sf more than 1500 sf exemption in T-6 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The existing restaurant is single-story (1470 sq. ft.); as the application indicates, it’s not feasible to add a second-story to the existing restaurant building. 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. It does not appear that an undesirable change in neighborhood character would result in enclosing an existing 900 sq. ft. patio area. It does not appear that granting relief from the two-story requirement for an existing one-story building and patio would create an undesirable change in the T-6 district. 3) The request for relief may be considered substantial at 37%; however, as the applicant states, “The applicant is simply enclosing an outdoor gathering area that currently exists”. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. Access to the enclosed patio would remain from the interior of the restaurant. No increase in impermeable surface area is anticipated with this proposal. 5) The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Note: DRC Architectural Review required Saratoga County Planning Board issued a decision of “No Significant County Wide or Inter Community Impact on January 14, 2013. Keith Kaplan, Vice Chairman, seconded the motion. City of Saratoga Springs Zoning Board Minutes – Monday, January 14, 2013 - Page 3 of 7 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. 2. #2680 KERAMATI/LEVINSON RESIDENCE, 27 Granite Street, area variance to demolish existing single family residence and rebuild new single family residence; relief from the minimum front yard setback (Vermont and Granite Streets) and relief from the maximum building coverage for the principal building requirement in the UR-3 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback Vermont 10 feet 7.6 feet 2.4 feet (24%) Minimum front yard setback Granite 10 feet 3.1 feet 6.9 feet (69%) Maximum lot coverage 30% 47% 17% (57%) Applicants: Bahram Karamati/Ruth Levinson Agent: John Witt, Builder Mr. Witt gave a brief presentation to the Board of the proposed project. The applicants are requesting to demolish the existing structure and rebuild from the minimum front yard setback. The proposed new structure is designed to meet all their needs, it is a 2900 square foot home. The applicants are requesting an area variance for relief. Permeability will be 50% which is double what is required. Oksana Ludd questioned whether the applicant would be willing to decrease the size of the house so the amount of relief required would be less. Mr. Witt stated the home was designed especially for the applicants and their desire to retire to. The home was designed for the corner lot. It is possible to decrease the size of the wraparound porch. The porch and the garage are what really makes this home seem large. It was designed to fit into the neighborhood. It has a nice side yard and back yard. PUBLIC HEARING Bill Moore, Chairman opened the public hearing at 7:50 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. City of Saratoga Springs Zoning Board Minutes – Monday, January 14, 2013 - Page 4 of 7 None heard. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and ready for presentation at the next scheduled Zoning Board of Appeals meeting scheduled for January 28, 2013. 3. #2681 STARKE/BRESLIN ADDITION, 100 State Street, area variance to construct a second story addition to the existing single family residence; seeking relief from the minimum front yard setback (State Street and Greenfield Avenue) in the UR-3 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback (Greenfield) 10 feet 0 feet 1 foot 9 feet (90%) Minimum front yard setback (State) 10 feet .21 feet 6 feet 4 feet (40%) Applicant: Martha Starke/William Breslin Ms. Starke stated she lives in this home with her husband. They have lived here for twelve years. It was bought as a starter home. It has no garage, no attic, and no basement. It is a corner house with a flat roof. The applicants are looking to expand over the flat roof. It is currently a nonconforming lot. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:55 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Letter received from neighbor Gordon Boyd in support of the project. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and ready for presentation at the next scheduled Zoning Board of Appeals meeting scheduled for January 28, 2013. 4. #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, Board member recused himself from this application. This application was heard at the November 5, 2012 meeting. The public hearing was opened and the application was adjourned pending a recommendation by the Planning Board. The Planning Board issued a favorable advisory opinion on January 9, 2013. City of Saratoga Springs Zoning Board Minutes – Monday, January 14, 2013 - Page 5 of 7 SEQRA: Proposed action appears to be an Unlisted Action. Applicant will need to provide Part 1 of the short EAF. The Board will complete Part II. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum average lot width 80 feet for a Proposed lot 2 two family 50 feet 30 feet (37.5%) residence Agent: Dan Wheeler, Agent for the applicant. Mr. Wheeler stated he presented this application to the Board on November 5, 2012. Since that time there has been one change to the plan, a narrower footprint of the home. More room for the driveway on each side. A revised plan was submitted to the Board. A favorable advisory opinion was received from the Planning Board. Skip Carlson requested a permeability calculation to assure compliance. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing is open and will remain open. Bill Moore, Chairman stated the applicant is requested to complete SEQRA Part I EAF and submit permeability calculations to staff. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and ready for presentation at the next scheduled Zoning Board of Appeals meeting scheduled for January 28, 2013. At that time the applicant will provide permeability calculations and submit Part I of the SEQRA EAF form, as well as the revised plan for the file. APPROVAL OF MINUTES Adam McNeill, Secretary made a motion to accept the October 15, 2012 meeting minutes as submitted. Keith Kaplan, Vice Chairman, seconded the motion. 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. MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:05 P.M. City of Saratoga Springs Zoning Board Minutes – Monday, January 14, 2013 - Page 6 of 7  Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 2/25/13 City of Saratoga Springs Zoning Board Minutes – Monday, January 14, 2013 - Page 7 of 7