Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, MARCH 11, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:07 P. M. PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; Skip Carlson; Shirley Poppel; Oksana Ludd STAFF: Susan Barden, Senior Planner, City of Saratoga Springs SALUTE TO THE FLAG 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. NEW BUSINESS: 1. #2683 SARATOGA HONDA EXPANSION, 3402 South Broadway, use variance to expand the non conforming use of the property (auto sales) on the property and to expand the use onto two adjacent, vacant parcels; seeking relief from the permitted uses in the Office Medical Business-1 and -2 Districts. Applicant: Tim Higgins, President, Saratoga Honda Agent: Mike Toohey, Attorney, Mike Ingersoll, LA Group; Bill Kernan, LA Group; Tom Roohan, Realtor Mr. Toohey requested the minutes of the Joint Land Use Board Meeting be incorporated into these minutes for the benefit of time. Bill Moore, Chairman requested a motion. Adam McNeill made a motion for the Joint Land Use Board Meeting Minutes be incorporated in these Zoning Board of Appeals minutes. Keith Kaplan, 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 Mr. Toohey reintroduced the applicant and agents before the Board for this application. Mr. Toohey also reviewed the history of the Higgins family car dealership over the years, as well as background information regarding this family dealership. This site is currently too small for business demands as well as the franchise demands. There are two choices for this dealership, one is to move outside the City of Saratoga Springs, the second is to expand this current location. 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. Mr. Toohey then asked Mr. Roohan, owner of Roohan Realty some questions regarding properties in Saratoga Springs answering using his expertise in this area. Discussion ensued regarding the cost of square footage in Saratoga Springs, and the availability of property. Keith Kaplan, Vice Chairman requested a copy of the appraisal of the property owned by Saratoga Honda as well as the proposed property to be purchased from Four Winds. Mr. Toohey stated they will provide this information to the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:03 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 applicant will provide the Board with the requested information and will then be placed back on the agenda. 2. #2687 CAFÉ LENA, 47 Phila Street, area variance to construct a 775 sq. ft. two-story rear addition to the existing building, seeking relief from the minimum frontage build-out requirement in the Transect-6 District. SEQRA Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Stanley McGaughey, Chairman of the Board-Café Lena. Agent: Matthew Hurff, Frost Hurff Architects. Mr. Hurff stated the building is basically a 19th century building. There have been very few modifications to the building. We are attempting to provide a second means of egress from the second floor as well as an elevator for handicapped accessibility as well as internal renovations. This is the principal reason for the application. We are proposing an outdoor patio and seating for the temperate weather and this does comply with the T-6 zone requirements. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum frontage build out 80% 57% 57% 23% (28.75%) City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 2 of 9 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:16 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 leave the public hearing open. Bill Moore, Chairman stated we will have a resolution at the next Zoning Board of Appeals meeting on March 25, 2013. 5. #2690 RODECKER RESIDENCE (SKIDMORE COLLEGE), 791 North Broadway, area variance to permit habitable space in an existing carriage house and construct a patio, seeking relief to exceed the defined use of an accessory structure and from the minimum setback to a patio in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Daniel Rodecker. Agent: Matthew Hurff, Frost-Hurff Architects. Mr. Hurff explained this is the residence of the Daniel Rodecker, President of Skidmore College. They have parties in their backyard several times a year. The improvements they are proposing will not change the character of the home. These renovations will allow the caterers to use the carriage house as prep space and the addition of a small patio to that structure. Basically they are sprucing up what is already there. No actual cooking in this space. No new curb cuts, they will be using the one already exists. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 10 feet 2.33 feet 7.67 feet (76.7%) PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:22 P.M. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Bill Moore, Chairman stated we will leave this application open. Bill Moore, Chairman stated we will present a resolution at the next Zoning Board of Appeals meeting on March 25, 2013. 6. #2691 BRESLIN RESIDENCE, 221 Lake Avenue, area variance for a residential addition to an existing single-family residence; seeking relief from the maximum principal building coverage requirement in the City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 3 of 9  Urban Residential-3 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Kate Breslin Agent: Michael Perry, Architect Mr. Perry stated the applicants are requesting the addition of a family room with a fireplace. The only place to expand is out the back, where a deck currently exists and then rebuilding a smaller deck. Permeability will be maintained. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage 30% 35.6% 37.9% 7.9% (26%) PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:25 P.M. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. Judy O'Connor – I am adjacent and the closest neighbor to the property. I have no objection with this request. Bill Moore, Chairman closed the public hearing at 8:26 P.M. Shirley Poppel presented the following resolution. IN THE MATTER OF THE APPEAL OF Kate Breslin 221 Lake Avenue Saratoga Springs, New York 12866 Appeal #2691 from the Building Inspector’s determination for the premises at 221 Lake Avenue, identified as Tax Parcel No.: 166.46-2- 60, Inside District of the City of Saratoga Springs, New York. The appellant has applied for an area variance for relief from the current City Zoning Ordinance for the construction of a one story addition to the existing single-family residence; seeking relief from the maximum principal building coverage requirement, in the Urban Residential-3 district, and public notice having been duly given of a hearing on said application on Monday, March 11, 2013. In consideration of the balance between the benefit to the applicant 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: Required Existing Proposed Relief Requested Maximum principal building City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 4 of 9 coverage 30% 35.6% 37.9% 7.9% (26%) 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. As the application states, “an area variance is required for any addition proposed”, there would be no alternatives because the existing principal building exceeds the requirement. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character. The application indicates that it does not appear that the addition would alter the existing streetscape. It would be set behind the residence and should not be visible from the street. As the application states, “The design is in keeping with the existing house”. 3. As the application states, “The variance is not substantial as the existing building coverage is nonconforming at 35.6%; the proposed addition would increase that be 2.3%.” 4. The variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The site plan identifies 30% to remain permeable, which exceeds the minimum 25% in the district. 5. The difficulty may be considered self-created; this however is not necessarily fatal to the application. Note: DRC Architectural Review is required Seconded by Gary Hasbrouck 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 3. #2688 REJUVENATION HOMES, 24 Lafayette Street, area variance to reconfigure three existing lots #24, 25 and 30 into two lots #24 and 30 and construct a new single family residence and detached garage; seeking relief from the minimum average lot width requirement, minimum front, one side, total sides and rear yard setbacks, minimum setback between principal and accessory buildings and maximum principal building coverage requirements in the Urban Residential-4 District. 4. #2689 REJUVENATION HOMES, 30 Lafayette Street, area variance to reconfigure three existing lots #24, 26, and 30 into two lots #24, 30 demolish a portion of the existing residence and construct an addition and a detached garage; seeking relief from the minimum average lot width requirement, minimum one side, total sides and rear yard setbacks, minimum setback between principal and accessory buildings and maximum principal building coverage requirements in the Urban Residential-4 District. SEQRA: Action appears to be a Type I action. The DRC is the other involved agency. Bill Moore, Chairman stated this does require coordinated SEQRA Review. The Chairman's recommendation is to defer Lead Agency Status to the DRC should they seek it. City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 5 of 9 Bill Moore, Chairman, made a motion to defer Lead Agency Status to the DRC should they seek it. Gary Hasbrouck 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 AREA VARIANCES CONSIDERATIONS - #24 LAFAYETTE STREET REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum average lot width 100 feet 50 feet 65 feet 35 feet (35%) Minimum front yard setback 25 feet 0 feet 5 feet 20 feet (80%) Minimum side yard setback 20 feet .2 feet 5 feet 15 feet (75%) Minimum total side yards 45 feet 21.7 feet 32 feet 13 feet (29%) Minimum rear yard 25 feet 12.4 feet 21.33 feet 3.67 feet (14%) Minimum setback principal and accessory buildings 10 feet n/a 6.5 feet 3.5 feet (35%) Maximum lot coverage 25% unknown 30% 5% AREA VARIANCE CONSIDERATIONS – #30 LAFAYETTE STREET REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum average lot width 100 feet 36.40 feet 65 feet 35 feet (35%) Minimum side yard setback 20 feet .5 feet 7 feet 13 feet (65%) Minimum total side yards 45 feet 5 feet 37 feet 8 feet Minimum rear yard 25 feet unknown 22.67 feet 2.33 feet (9%) Minimum setback principal and accessory buildings 10 feet n/a 6 feet 4 feet (40%) Maximum lot coverage 25% unknown 26.2% 1.2% (4.8%) Applicant: Todd Levinson, Owner; Rejuvenation Homes Mr. Levinson stated he is the owner of Rejuvenation Homes and is requesting area variances to reconfigure three existing lots #24, 26 and 30, into two lots #24 and 30. There is currently three buildings and one accessory building on the properties. We will be removing two homes and the accessory building. We will be building a new single family home and one restored single family home. Keith Kaplan, Vice Chairman stated he believes it would be beneficial to defer to the Design Review Commission for an advisory opinion. Susan Barden, Senior Planner stated there is a lot line adjustment required by the Planning Board and this may be accomplished administratively. Keith Kaplan, Vice Chairman asked about the historic nature of the buildings, because they are contributing structures. City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 6 of 9 Mr. Levinson stated he does have information from the Saratoga Preservation Foundation and they did not have any issues or problems with this proposal. Keith Kaplan, Vice Chairman asked if the applicant could give an explanation of what else was considered regarding the plans for this project that they have explored which might require less relief in the forms of the area variances. Mr. Levinson stated he would provide this information to the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:43 P.M. Louie Allen, 27 Lafayette Street. Requested some clarification on the project and would like to review the plans. Mr. Levinson provided Mr. Allen with copies of the proposed plans. Andre Guilz, 14 Lafayette Street stated this is a small street. It is residential in nature and there are single family residences. I support the setbacks and such that there is enough space. The applicant and the neighbors met with Mr. Levinson to discuss the proposed project. Bill Moore, Chairman stated we will refer this to the DRC for an advisory opinion. Adam McNeill made a motion to refer this application to the Design Review Commission for an advisory opinion. Oksana Ludd 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. #2692 BOWTIE CINEMA, 19 Railroad Place, area variance to construct wall signs; seeking relief from the maximum number of wall signs, maximum total area of wall signs, maximum extension from wall for wall signs, maximum height of logo and lettering, to permit internally illuminated individual letters, to permit moving lights and to permit one off-premise sign in the Transect-6 District. PARCEL HISTORY DRC Architectural Review for mass and scale approval only, 2012. Planning Board Site Plan Review approval, 2012. SEQRA Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 7 of 9 AREA VARIANCE CONSIDERATIONS REQUIRED PROPOSED TOTAL RELIEF REQUESTED North/East corner elevation Maximum area: "Criterion Cinemas" 100 sq. ft. 162.5 sq. ft. 62.5 (62.5%) Maximum letter Height "Criterion Cinemas" 18" 36" 18" (100%) Maximum logo height: Bowtie logo (center) 18" 24" 6" (33%) Channel lighted letters: "Criterion Cinemas" Not permitted Permitted 100% Maximum area: Under canopy attraction panel (5) 100 sq. ft. 258.62 sq. ft. 158.62 sq. ft. (159%) Moving lights: Surrounding attraction panel Not permitted Permitted 100% East elevation One wall sign per street frontage: poster cases (13 sq. ft) 0 9 9 additional signs (900%) One wall sign per street frontage: "BTX" 0 1 1 additional sign (100%) One wall sign per street frontage: Bowtie logo (4.5sf) 0 4 4 additional signs (400%) Maximum logo height (4) Bowtie logo (4.5 sf) 18" 46" 28" per sign-4 signs (155%) each One wall sign per street frontage: Bowtie logo (7.5 sf) 0 3 3 additional signs (300%) Maximum logo height: (3) Bowtie logo (7.5 sf) 18" 60" per sign (3) 42" per sign – for three signs (233%) North elevation One wall sign per street frontage: Poster cases (13 sf) 0 5 5 additional signs (500%) One wall sign per street frontage: Bowtie logo (4.5 sf) 0 2 2 additional signs (200%) Max logo height: (2) Bowtie logo (4.5sf) 18" 46" per sign (2) 28" per sign-2 signs (155%) each Max extent from face of building: (2) Bowtie logo (4.5sf) 6" 24" per sign (2) 18" per sign-2 signs (300%) each One wall sign per street frontage: Bowtie logo (7.5sf) 0 1 1 additional sign (100%) Max logo height: Bowtie logo (7.5 sf) 18" 60" 42" (233%) West elevation One wall sign per street frontage:"Criterion Cinemas" 0 1 1 additional sign (100%) Max area: "Criterion Cinemas" 100 sq. ft. 100.66 sq. ft. .66 sq. ft. (.66%) Max letter height: "Criterion Cinemas" 18" 28" 10" (55%) Max logo height: Bowtie logo (above) 18" 29" 11" (60%) Off premises sign: "Price Chopper Limited" Not permitted Permitted 100% Max letter height: "Price Chopper Limited:" 18" 30" 12" (66%) Applicant: Bowtie Cinemas Agent: Joe Masher, COO Bowtie Cinemas; Chris Yanna, Architect, CPA Architecture; George Olson, Architect; Sonny Bonacio, Tony Bonacio and Keith Ferraro, Bonacio Construction. Mr. Masher stated the Bowtie Cinemas are the oldest cinemas in the country. This will be a great addition to Saratoga and a beacon for downtown. Saratoga is a great city. A theatre such as this needs to attract people off of Broadway and our signage package will do just that. Bill Moore, Chairman stated that since you have so many signs and the DRC weighs in on this very heavily. My idea is to receive an advisory opinion from the DRC. A visual presentation was provided to the Board by Chris Yanna, architect of all the requested signage and elevations. Discussion ensued regarding number of signs, sizes of letters, placement of signage. City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 8 of 9 Bill Moore, Chairman asked if there are any questions. Adam McNeill, Secretary requested an aerial plot and site plan be forwarded to the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:52 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Susan Barden, Senior Planner, stated a letter was received from: J. Thomas Roohan, dated March 5, 2013. We will revisit this application following the advisory opinion from the Design Review Commission. APPROVAL OF MINUTES: Gary Hasbrouck made a motion to accept the minutes of the February 11, 2013 meeting. 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 9:55 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 4/22/13 City of Saratoga Springs Zoning Board Minutes – Monday, March 11, 2013 - Page 9 of 9