Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, FEBRUARY 11, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:02 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; Shirley Poppel; ABSENT: Skip Carlson, Oksana Ludd STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Joe Scala, City Attorney, 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 FEBRUARY 25, 2013 #2682 INDEPENDENT TOWERS HOLDINGS, LLC TELECOMMUNICATIONS FACILITY, 84 Weibel Avenue, area variance for placement of a telecommunications tower in the T-5 District, seeking relief from the minimum height of the tower setback to rear and side yards. Application adjourned to February 25, 2013. #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 February 25, 2013. NEW BUSINESS: 1. #2683 SARATOGA HONDA EXPANSION, 3402 South Broadway, interpretation appeal that the proposed expansion of the structure would not expand the nonconforming use of the property. The proposal is to expand an existing 14,749 square foot auto dealership to 39,576 square feet. The existing site has 225 parking spaces the proposed expansion of the use proposes increasing the parking to a total of 512 spaces. SEQRA Action appears to be a Type II action, and therefore exempt from further SEQRA review. Agent: Michael Toohey, Attorney Applicant: Tim Higgins, Owner Mr. Toohey gave a brief overview of the proposed project. A visual presentation was also provided to the Board. Mr. Toohey presented the Board with background information regarding this family dealership. This site is currently too small a site for business demands as well as the franchise demands. There are two choices for this dealership, one is to move outside of the City of Saratoga Springs, the second is to expand this current location. Property owned by Four Winds is available and they have no plans to expand. We are in contract to purchase this land if this application is approved. We are looking for an interpretation this evening. A Use Variance application has also been submitted. We are well aware we will need to appear before the Planning Board and the Design Review Commission. We would like to know if we can begin with this project. We would like to take a non conforming structure Saratoga Honda and to expand it so that this site can continue to be used for which it received a Use Variance. The law says we can use it. We have now become a non conforming use. The zoning for this property has changed dramatically. We are no longer compliant with the zoning code as it exists. Our interpretation based on this new section of the code is that we have a right to expand. What we would like to do is to interpret this so we can move forward. Discussion ensued among the Board regarding non conforming use and non conforming structure in the new Zoning Code. Gary Hasbrouck stated he has concerns regarding section 5.3.4 which states "A non conforming use shall not be extended or physically expanded. Extension or expansion of a non conforming use shall include expansion of the area or volume occupied by a non-conforming use, including expansion into previously underutilized, vacant or newly constructed space, or the increase of any parking related to the use." The Use Variance is for the L shaped parcel. If you are to expand within that parcel you would still need a Use Variance because you are expanding a non conforming use. You have a non conforming use in a conforming structure. Keith Kaplan, Vice Chairman stated this is fairly clear cut. I agree completely with what Gary said. If everything was within those yellow borders of your current envelope, I think an argument could possibly be made in terms of this wording. I still think it would be a tough argument to win. What makes this crystal clear to me is this not for an interpretation but for a Use Variance is the fact that this is a different parcel. This is being governed by district requirements. Adam McNeill, Secretary, stated I am at a hardship with merging this property and the property to the south. This is a strong Use Variance situation. Mr. Toohey stated he realizes at this point that the Board's interpretation is not going to be positive for this application. Mr. Toohey withdrew his application for an interpretation. Discussion ensued regarding withdrawing this application and the Zoning Board of Appeals agreement to accept Lead Agency Status for SEQRA review for a Use Variance. Bill Moore, Chairman made a motion to seek Lead Agency Status for the Use Variance application. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, in favor; Gary Hasbrouck, in favor; Shirley Poppel, in favor; MOTION PASSES: 5-0 Bill Moore, Chairman stated at the next meeting we will review the Use Variance application, the EAF and open the public hearing. City of Saratoga Springs Zoning Board Minutes – Monday, February 11, 2013 - Page 2 of 4  3. #2684 FINGERPAINT MARKETING SIGN, 395 Broadway, area variance for construction of two wall signs, seeking relief for placement above the first floor level of the building and sign lettering to exceed the maximum height requirement in the T-6 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Myron M. Hunt, Owner Agent: Neil Hepner, Signworks Neon AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Wall signage placement not to extend above the first floor level: First floor level Above first floor level Above first floor level (Broadway wall sign) Wall signage placement not to extend above the first floor level: First floor level Above first floor level Above first floor level (Division wall sign) Maximum letter height: 18" 27" 9" (50%) Broadway wall sign Maximum letter height: 18" 27" 9" (50%) Division wall sign Mr. Hepner stated this is the old Borders building. Previous signs have been removed. They left an ugly situation. There is shadowing where the old sign was along with holes in the building. We are proposing to put the new sign where the existing sign was. We are asking for relief for one letter. Our signage will cover the area of the old one. Reverse channel lettering which is required in this zone. An area variance is requested with relief for the placement above the first floor level of the building. Discussion ensued among the Board regarding the relief requested and the height and size of the proposed signage. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:25 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated we will prepare a draft resolution for presentation at the next Zoning Board of Appeals meeting in two weeks on February 25, 2013. 4. #2685 HOME OF THE GOOD SHEPHERD, 394-402 Church Street, deferral of lead agency status to the Planning Board for coordinated SEQRA review. Bill Moore, Chairman made a motion to defer Lead Agency Status to the Planning Board for the Home of the Good Shepherd application. City of Saratoga Springs Zoning Board Minutes – Monday, February 11, 2013 - Page 3 of 4 VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Shirley Poppel in favor; MOTION PASSES: 5-0 APPROVAL OF MINUTES: Bill Moore, Chairman made a motion to accept the minutes of the February 13, 2012 as submitted. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Shirley Poppel, in favor; MOTION PASSES: 5-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:30 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 3/11/13 City of Saratoga Springs Zoning Board Minutes – Monday, February 11, 2013 - Page 4 of 4