Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, MARCH 25, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Keith Kaplan, Vice Chairman called the meeting to order at 7:00 P. M. PRESENT: Keith Kaplan, Vice Chairman; Gary Hasbrouck; Skip Carlson; Shirley Poppel; Oksana Ludd ABSENT: Bill Moore, Chairman; Adam McNeill, Secretary; 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. ANNOUNCEMENT OF ADJOURNED APPLICATIONS: 5. #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. Adjourned to April 8, 2013 6. #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. Adjourned to April 8, 2013. 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. Adjourned to April 8, 2013. NEW BUSINESS: 1. #2693 CROSS LOTS, 95 and 97 Catherine Street, area variance to create a new building lot for a single-family residence on 97 and maintain existing single-family residence on 95; seeking relief from the minimum lot area and average lot width requirement for each of the lots, and minimum side yard setbacks and total side yard setback requirements to maintain the existing single-family residence on 95 in the Urban Residential-2 District. DISCLOSURE: Keith Kaplan, Vice Chairman stated that he serves on the same committee with the applicant. He has no financial interest in this application, and can remain impartial. Gary Hasbrouck, Board Member also disclosed that he serves on the same committee with the applicant. He has no financial interest in this application and can remain impartial. SEQRA Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Sandy Cross. Agent: Mark Lynette, Jean Tulin, Real Estate Agents. Mrs. Cross stated these are lots that she currently pays taxes on. She purchased this property approximately 26 years ago. The majority of the neighborhoods do not have conforming lots. What I would like to do is be able to sell this property as a buildable lot. This is staying within the character of the neighborhood. A visual presentation was provided to the Board by Mr. Lynette, and Ms. Tulin. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum lot size: Lot 12 – 95 Catherine 6,600 sq. ft. 11,250 sq. ft. 5,625 sq. ft. 975 sq. ft. (15%) Minimum average lot width: Lot 12 95 Catherine 60 ft. 75 feet 37.5 ft. 22.5 ft. (37.5%) Minimum side yard setback: Lot 12 95 Catherine 8 ft. Approx. 45 ft. Approx. 5 ft. 3 ft. (37.5%) Minimum total side yard setback: Lot 12 95 Catherine 20 ft. Approx. 46.2 ft. Approx. 6.2 feet 13.8 ft. (69%) Minimum lot size: Lot 11 – 97 Catherine 6600 sq. ft. 0 6,000 sq. ft. 600 sq. ft. (9%) Minimum average lot width: Lot 11 – 97 Catherine 60 ft. 0 40 ft. 20 ft. (33%) Keith Kaplan, Vice Chairman asked if there were other alternatives possible, such as acquiring properties from neighbors. The applicants agent stated the lots are so small that there really is no property available. Keith Kaplan, Vice Chairman, asked if the Board had any further questions. Shirley Poppel asked if the owner had anyone interested in this property. Mrs. Cross stated not at this time. Oksana Ludd stated after reviewing the documents provided there might be a lot line adjustment needed. City of Saratoga Springs Zoning Board Minutes – Monday, March 25, 2013 - Page 2 of 8 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. Tracey Millis, President of the Maple Dell, Homeowners Association. I am against this. Dennis King, lives across the street I do not have a problem with this application however, I feel that leaving it as it is does increase the value of her property. Robert Olson, stated this neighborhood stated we are increasing the density and decreasing the green space. Catherine Street, does have a congestion problem. CORRESPONDENCE RECEIVED BY THE BOARD: Letter from Christina and Murray Levith, dated March 19, 2013. Keith Kaplan, Vice Chairman requested a new denial from the building inspector, due to conflicting information on the denial and survey. Keith Kaplan, Vice Chairman stated that we will leave the public hearing open. This will be heard at the next meeting for a resolution. 2. #2694 MADDEN PORCH AND ADDITION, 30 Fifth Avenue, area variance to construct a new front porch and rear addition; seeking relief from the minimum side yards and total side yard setback requirements in the Urban Residential-1 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 12 feet 1.4’ 3.8’ 8.2 feet (68%) Minimum side yard setback: East Minimum side yard setback: 12 feet 9.6’ 9.4’ 2.6’ (22%) West Minimum total side yard setback: 30 feet 11’ 13.2’ 16.8’ (56%) Applicant: Anne and Dan Madden. Agent: Tim Monahan, Witt Construction. Mr. Monahan stated the applicant is looking to construct a new front porch and rear addition and a new kitchen and mudroom in the rear of the home. The new front porch is in keeping with the neighborhood. The setbacks will remain the same. City of Saratoga Springs Zoning Board Minutes – Monday, March 25, 2013 - Page 3 of 8 Keith Kaplan, Vice Chairman asked if there was any further questions or comments from the Board. None heard. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:56 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Vice Chairman stated that we will leave the public hearing open until the next meeting on April 8, 2013, at which time a resolution will be presented. 3. #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. This application was heard at the March 11 meeting; the public hearing was opened and remains open. The application was adjourned to March 25. 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. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum frontage build out 80% 57% 57% 23% (28.75%) PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing remains open. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to speak on this application. None heard. Keith Kaplan, Vice Chairman closed the public hearing at 7:58 P.M. Skip Carlson presented the following resolution. IN THE MATTER OF THE APPEAL OF Café Lena 47 Phila Street City of Saratoga Springs Zoning Board Minutes – Monday, March 25, 2013 - Page 4 of 8  Saratoga Springs, New York 12866 Appeal #2687 from the Building Inspector’s determination for the premises at 47 Phila Street, in the City of Saratoga Springs, New York, being tax parcel number 165.68-1-12, in the Inside Tax District, on the Assessment Map of said City. The appellant having applied for an area variance to construct a 775 square foot two-story rear addition to the existing building, seeking relief from the minimum frontage build-out requirement in the Transect-6 District and public notice having been duly given of a hearing on said application held on the 11th day of March, 2013 and the 25th day of March, 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 Minimum Frontage Build-out: 80% 57% 57% 23% (28.75%) 1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible. The applicant states that “to bring Café Lena into compliance with the Building Code of New York State, a second means of egress is required. The proposed location for the new stair is the only one that is sufficiently remote from the existing stair to meet life safety requirements.” 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character, or detriment to nearby properties. The proposed new entrance is set back from the street and will be fronted by an outdoor dining patio. The use of this outdoor space is consistent with other businesses in the T-6 zone. The applicant also states that “the reconfiguration of the parking lot away from Phila Street will further reinforce the T-6 character of the property.” 3. The relief of 23% or 28.75% of what is required may be considered substantial. However, the existing build-out is nonconforming with regard to the district requirement and the proposed addition maintains the nonconformity. The proposed addition is on the rear of the building and therefore does not contribute to the frontage build-out. 4. The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The site improvements would remove the one curb cut off of Phila Street and maintain only the one access off of Henry Street. The proposal is consistent with the scale and density of the neighborhood. 5. The request for relief from the minimum frontage build-out in the Transect-6 District may be considered a self- created hardship. However, self-creation is not necessarily fatal to the application. Note: DRC Architectural Review is required. Gary Hasbrouck seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. Keith Kaplan, Vice Chairman stated that he would really have preferred a full scale addition to the front, this would really be keeping with the Transect-6 zone, however, he understands this is a not for profit and funds may not be available. VOTE: City of Saratoga Springs Zoning Board Minutes – Monday, March 25, 2013 - Page 5 of 8  Keith Kaplan, Vice Chairman, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; Oksana Ludd, in favor MOTION PASSES: 5-0 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. This application was heard at the March 11 meeting; the public hearing was opened and remains open. The application was adjourned to March 25. SEQRA Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Daniel Rodecker. The Board recessed at 8:05 P.M. The Board reconvened at 8:22 P.M. 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. None heard. Keith Kaplan, Vice Chairman closed the public hearing at 8:23 P.M. Keith Kaplan, Vice Chairman presented the following resolution. IN THE MATTER OF THE APPEAL OF Daniel Rodecker Skidmore College Saratoga Springs, New York 12866 Appeal #2690 from the Building Inspector’s determination for the premises at 791 Broadway, Saratoga Springs, New York, identified as Tax Parcel No.: 165.28-2-27 in the inside district of the City. The Applicants have applied for an area variance for relief from the current City Zoning Ordinance for the renovation of the interior of an existing accessory building and construction of a patio; seeking relief from the minimum side yard setback for the patio and to permit habitable space in an accessory building in an Urban Residential-1 zoning district, and public notice having been duly given of a hearing on said application on March 11th and 25th, 2013. 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: City of Saratoga Springs Zoning Board Minutes – Monday, March 25, 2013 - Page 6 of 8  Required Proposed Relief Requested Minimum side yard setback (to patio): 10 feet 2 feet 4 inches 7.67 feet (76.7%) Habitable space in accessory None Habitable space 100% building: 1. The Applicant has demonstrated this benefit cannot be achieved by other means feasible. The applicant stated this proposed change is intended to provide enclosed space for gatherings at the Skidmore College President’s residence; as per the applicant there is no other feasible space for such gatherings in the event of inclement weather. 2. The Applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character. As noted by the applicant the proposed improvements would not change the size and frequency of the gatherings. 3. The Board finds the request for habitable space is substantial; however the Board notes that the use of habitable space will only be for gatherings and not for overnight stays. Additionally, the side yard setback requirement, while dimensionally substantial, is adjacent to the college’s large tract of open space. 4. The variance will not have a significant adverse physical or environmental effect on the neighborhood. As per the applicant, the events that are anticipated by the applicant for the use of this proposed space will not cause an incremental need for additional parking, per the applicant guests will park either on the driveway or on college grounds. The Board additionally notes that the minimum permeability of 30% will be exceeded. 5. The difficulty may be considered self-created; this however is not necessarily fatal to the application. Note: DRC Historic Review required. Condition: No overnight stays. 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; Oksana Ludd, in favor MOTION PASSES: 5-0 PRIVILEGE OF THE FLOOR Tracey Millis, Maple Dell Homeowners Association stated there is a member of the Board who is affiliated with Stewarts and never recused himself when their application came before the Board over a year ago. Subsequent to that it was passed on to other Boards. Some of their members recused themselves. That resulted in the poisoning of the tree. My request is that we be made whole, no business should be allowed to expand within our neighborhood. City of Saratoga Springs Zoning Board Minutes – Monday, March 25, 2013 - Page 7 of 8 APPROVAL OF MINUTES: Oksana Ludd made a motion to accept the minutes of the February 25, 2013. Skip Carlson, seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; Oksana Ludd, in favor MOTION PASSES: 5-0 MOTION TO ADJOURN: There being no further business to discuss, Keith Kaplan, Vice Chairman adjourned the meeting at 8:35 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 5/20/13 City of Saratoga Springs Zoning Board Minutes – Monday, March 25, 2013 - Page 8 of 8