Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JUNE 10, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:04 P. M. PRESENT: Bill Moore, Chairman, Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Skip Carlson; Gary Hasbrouck, Shirley Poppel, Oksana Ludd STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney 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 PROJECTS: 5. #2704 BASONE DEMO, 75 Fifth Avenue, area variance for demolition of existing home and construction of new single family residence; seeking relief from the minimum side yard setback (both sides), minimum total side yard setbacks, minimum rear yard setback and maximum (principal) building coverage in the Urban Residential – 1 District. Adjourned to June 24, 2013. NEW BUSINESS: 1. #2707 CELLCO/VERIZON WIRELESS, 35B Nelson Avenue (Saratoga Gaming and Raceway), consideration for deferral of SEQR Lead Agency status for the environmental review of a proposed new telecommunications facility in the Institutional Horse Track Related District. RECUSAL: Board member Skip Carlson recused himself from this application. SEQRA: This action appears to be a Type I action, "any Unlisted action occurring wholly or partially within, or substantially contiguous to any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that is listed on the State Register of Historic Places per 617.4(b)(9). Other involved agencies include Planning Board for Site Plan Review and DRC for Architectural Review. Bill Moore, Chairman requested the deferral of Lead Agency Status to the Planning Board. Scott Olsen, attorney for Verizon Wireless, informed the Board of the new regulations concerning cell towers and new time constraints which have been imposed. Keith Kaplan, Vice Chairman made a motion to defer Lead Agency Status to the Planning Board for the Cellco Verizon Wireless application. Adam McNeill seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Shirley Poppel, in favor; Oksana Ludd, in favor; Skip Carlson, recused MOTION PASSES: 6-0-1 2. #2710 PINHAS RESIDENCE, 32 Greenfield Avenue, area variance for construction of an approximate 450 sq. ft. attached carport to an existing single-family residence; seeking relief from the minimum total side yard setback requirement in the Urban Residential-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 total side yard setback 12 feet 9 feet 3 feet (25%) Applicant: Oren and Dahlia Pinhas. Agent: Bob Flansburg, Dreamscapes Unlimited. Mr. Flansburg stated the Pinhas' are requesting an area variance for the addition of an attached carport which is proposed at 19 x 24 in dimension. This has been optimally placed on the lot, and the most unobtrusive location. Mr. Flansburg reviewed the conditions for an area variance with the Board. CORRESPONDENCE RECEIVED BY THE BOARD: 06-10-13 Martha Starke, in favor of the application. 06-10-13 Linda LeTendre and Volney R. LaRowe, in favor of the application. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:30 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, June 10, 2013 - Page 2 of 7 None heard. Bill Moore, Chairman stated we will leave the public hearing open. We will present a resolution at our next meeting on June 24, 2013. The agenda was heard out of order due to the lack of representation on the Libonati Addition. 3. #2712 LLOYD ROOF, 12 Newark Street, area variance for construction of a front patio roof to an existing single family residence; seeking relief from the minimum front yard setback requirement in the Urban Residential-1 District. SEQRA: This 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 30 feet 15 feet 15 feet (50%) Applicant: Thomas Lloyd. The applicant is looking to construct a replacement front patio roof to his home. This is consistent with the neighborhood. Mr. Lloyd disclosed that he does work for the Housing Authority. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:39 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. We will have a resolution prepared for the next meeting on June 24, 2013. OLD BUSINESS: 4. #2701 OLDENBURG DECK, 144 Woodlawn Avenue, area variance for construction of an approximate 210 sq. ft. deck on the rear of the existing residence; seeking relief from the minimum side yard (north side), minimum total side yard Setback and maximum (principal) building coverage in the Urban Residential – 3 District. This application was heard at the May 13, 2013 meeting and adjourned to May 20, 2013. The Board requested a response to whether or not the applicant would consider a condition of no future accessory structures. The public hearing remains open. SEQRA: City of Saratoga Springs Zoning Board Minutes – Monday, June 10, 2013 - Page 3 of 7 Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: Area variance approved 7/16/2009, to remove existing rear entry porch and replace with larger, covered porch and construct a new two story carriage house/garage. This approval was not acted upon and has expired. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED MINIMUM SIDE YARD SETBACK: NORTH 4 FEET 0' 2.4' 8.2FEET (68%) MINIMUM TOTAL SIDE YARD SETBACK 12 FEET 6' 6.5' 5.5' (46%) MAXIMUM BUILDING COVERAGE PRINCIPAL BUILDING 30% 32.3% 40.7% 10.7% (36%) Applicant: Aimee Oldenburg Agent: Tonya Yasenchak, Engineering America; John Carusone, Attorney Mr. Carusone appeared for the applicant. Additional information was provided to the Board. The Board requested the applicant to agree to no further relief for an accessory building on the property. Ms. Oldenburg then contacted Mr. Carusone to review this, since there is a reluctance on the applicant's part to agree to this since the deck addition is small. The neighborhood is filled with carriage houses, and garages. Ms. Oldenburg did have approval to build a carriage house but never did it for financial reasons and she is reluctant to give up the right to do so if desired. She would like to reserve the right to ask for an accessory structure. Keith Kaplan, Vice Chairman discussed the condition added to the resolution regarding no accessory structures. Discussion ensued regarding the adding the stipulation no accessory structures on the resolution. This should be evaluated on a case by case situation. PUBLIC HEARING: 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 prepared to be presented at our next meeting on June 24, 2013. 6. #2709 BARON/CAVAYERO RESIDENCE, 203 Woodlawn Avenue, area variance for demolition of existing home and construction of a new single family residence; seeking relief from the maximum (principal) building coverage in the Urban Residential-1 District. Applicant: Keith Cavayero, Elysa Baron SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs Zoning Board Minutes – Monday, June 10, 2013 - Page 4 of 7 PARCEL HISTORY: Area variance for an approximate 192 sq ft one story addition to the existing single-family residence approved on September 27, 2010. This application was heard at the May 20, 2013 meeting; the public hearing was opened and remains open. The application was adjourned to June 10, 2013. The Board requested submission of a sketch elevation drawing and a street perspective with proposed house. These items were provided by the applicant. PUBLIC HEARING: Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Bill Moore, Chairman reviewed the additional information submitted to the Board. The Board adjourned this application until the end of the meeting, and a resolution will be presented at this time. 3. #2711 LIBONATI ADDITION, 122 Fifth Avenue, area variance for an approximate 200 square foot addition to an existing single family residence; seeking relief from the minimum side and rear yard setback requirements in the Urban Residential – 1 District. SEQRA: This action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 12 feet 9 feet 3 feet (25%) Minimum rear yard setback 30 feet 28.5 feet 1.5 feet (5%) Applicants: Yvonne Libonati Agent: Tonya Yasenchak, Engineering America Ms. Yasenchak stated Mrs. Libonati grew up in this home. This is her family home. Mrs. Libonati would like to add a 3 season room onto this home. The 200 square foot addition is approximately 11 x 16. We do meet permeability requirements. Ms. Yasenchak reviewed the standards for an area variance with the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:30 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. We will have a resolution prepared for the next meeting on June 24, 2013. City of Saratoga Springs Zoning Board Minutes – Monday, June 10, 2013 - Page 5 of 7 6. #2709 BARON/CAVAYERO RESIDENCE, 203 Woodlawn Avenue, area variance for demolition of existing home and construction of a new single family residence; seeking relief from the maximum (principal) building coverage in the Urban Residential-1 District. Applicant: Keith Cavayero, Elysa Baron Bill Moore, Chairman closed the public hearing at 8:40 P.M. Skip Carlson presented the following resolution. Motion in the Matter of the Appeal of Keith Cavayero and Elysa Baron 203 Woodlawn Avenue Saratoga Springs, New York 12866 ZBA #2709 From the determination of the Building Inspector involving the premises at 203 Woodlawn Avenue, in the City of Saratoga Springs, New York, being tax parcel 165.36-1-18 in the Inside Tax District, on the assessment map of said City. The appellant having applied for an area variance for demolition of an existing home and construction of a new single family residence; seeking relief from the maximum (principal) building coverage in the Urban Residential-1 District and public notice having been duly given of a hearing on said application held on May 20, 2013 and June 10, 2013. In consideration of the balance between benefit to the applicant if the variance is granted, compared to the detriment to the health, safety and general welfare of the community that would occur if the variance were to be granted, I move the following variance for the following amount of relief: Maximum Required: 20% Existing: 21.7% Previously Proposed: 30% Total relief (principal) approved: 23.2% requested: 10% building (50%) coverage As per the submitted plans or lesser dimensions, BE APPROVED for the following reasons: 1.) The applicant has demonstrated that this benefit cannot be achieved by other means feasible. The applicant discussed as an alternative, renovating and adding a second story to the existing contemporary single story residence, keeping the non-conforming detached garage which sits only two feet from the property line, as is. The applicant determined this as not feasible for several reasons as it would not address “the extremely steep grade of the driveway of the existing garage.” Additionally, the existing crawl space in which the heating and air conditioning systems are located has water issues. Should the variance be approved the owner “would have the space to effectively relocate the utilities into the house and solve this problem.” 2.) The applicant has demonstrated that granting this variance will not create an undesirable change in the character of the neighborhood, or a detriment to nearby properties. At the request of the Board, the applicant submitted sketch elevation drawings showing the mass and scale of the proposed house with regard to compatibility with the neighborhood. The existing home is 1 ½ story-the proposed is two story. The neighborhood appears to be a mix of the two. The application states that the proposed traditional architecture and two story design would be more in keeping with the character of the neighborhood. The proposed house would also eliminate the nonconforming two-foot side yard setback from the attached garage to the south side property line. 3.) The relief, at 50%, may be considered substantial. However, the application states that 4% of the request is for two- City of Saratoga Springs Zoning Board Minutes – Monday, June 10, 2013 - Page 6 of 7 foot overhangs. The applicant notes, “The relative size of the proposed home would be consistent in scale with many other two story homes in the area”. The applicant is proposing to attach the garage instead of utilizing the maximum 8% of accessory building coverage. 4.) The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The site plan identifies 63% of the lot to remain permeable, which exceeds the minimum 30% required in the district. The new curb cut and driveway that are being proposed require approval by DPW. 5.) The request for relief may be considered self-created, but this is not necessarily fatal to the project. Gary Hasbrouck seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Discussion ensued regarding the wording of the resolution regarding accessory structures. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, opposed; Adam McNeill, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; Oksana Ludd, in favor MOTION PASSES: 6-1 APPROVAL OF MINUTES: Keith Kaplan, Vice Chairman made a motion to accept the minutes of the April 22, 2013 as submitted. Adam McNeill, Secretary, seconded the motion. VOTE: Bill Moore, Chairman, abstained; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, abstained, Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, abstained; Oksana Ludd, in favor MOTION PASSES: 4-0-3 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 9:10 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 7/22/13 City of Saratoga Springs Zoning Board Minutes – Monday, June 10, 2013 - Page 7 of 7