Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JUNE 24, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:00 P. M. PRESENT: Bill Moore, Chairman; Adam McNeill, Secretary; Skip Carlson; Shirley Poppel, Oksana Ludd LATE ARRIVAL: Gary Hasbrouck arrived at 7:03 P.M. ABSENT: Keith Kaplan, Vice Chairman 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 PROJECTS: 4. #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. Adjourned to July 8, 2013. 6. #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 July 8, 2013. NEW BUSINESS: 1. SISKA RESIDENCE, 21 West Fenlon Street, area variance for a second story addition to an existing single family residence; seeking relief from the minimum total side yard setback in the Urban Residential-2 District. SEQRA: Action appears to be a Type II action, "Granting of an area variance(s) for a single family, two-family or three-family residence", and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS:  REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum total side yard setback 20 FEET 16 FEET 16 FEET 4 FEET (20%) Applicants: Frank and Donna Siska Mrs. Siska stated they lost the house in a fire on March 8, 2013. The roof needed to be replaced and we wanted to change the pitch of the roof. The roof slope created problems with snow. Since we are replacing the roof we would like to add a second floor. Construction has already begun, we do have a building permit. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:06 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 and ready to be presented at our next meeting on July 8, 2013. OLD BUSINESS: 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. Applicant: Oren and Dahlia Pinhas. Agent: Bob Flansburg, Dreamscapes Unlimited. Mr. Flansburg, architect stated additional information requested by the Board was provided. PUBLIC HEARING: Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Bill Moore, Chairman closed the public hearing at 7:13 P.M. Adam McNeill presented the following resolution: IN THE MATTER OF THE APPEAL OF Oren & Dahlia Pinhas 32 Greenfield Avenue Saratoga Springs, New York 12866 from the Building Inspector’s determination for the premises at 32 Greenfield Avenue, in the City of Saratoga Springs, New York, being Tax Parcel No.: 165.43-3-3 in the inside district on the assessment map of said City. City of Saratoga Springs Zoning Board Minutes – Monday, June 24, 2013 - Page 2 of 7 The appellant having applied for an area variance under the Zoning Ordinance of said City, as amended to permit construction of a carport on the side of an existing single-family residence in a UR-3 District and public notice has been duly given of a hearing on said application held on the 10th and 24th of June, 2013. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, the Board moves that the following area variance for the following amount of relief: Type of Requirement Required Proposed Total Relief Requested Minimum total side yard 12 feet 9 feet 3 feet (25%) setback: As per the submitted plans or lesser dimensions be approved for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. The application indicates that there are no other feasible means stating, “There appears to be no other feasible means to provide a vehicle covering that provides access to the side entry off the driveway.” 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties in that architecture of the carport is designed to complement the Victorian architecture of the house. The applicant notes that there will be no change in where automobiles are parked on this property as automobiles are already being parked in this location. Also, there is an existing tree line separating adjacent properties at this location which will also reduce any impact associated with this construction. 3. The relief requested is not substantial. 4. The construction will not have a significant adverse physical or environmental effect on the neighborhood or district. The applicant identifies 66.9% of the lot will remain permeable, which exceeds the minimum 25% in the district. 5. The applicants’ desire to receive a variance from the minimum total side yard setback is self-created, but this is not necessarily fatal to the application. Seconded by Oksana Ludd. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; MOTION PASSES: 6-0 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. PUBLIC HEARING: City of Saratoga Springs Zoning Board Minutes – Monday, June 24, 2013 - Page 3 of 7 Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 7:18 P.M. Shirley Poppel presented the following resolution. IN THE MATTER OF THE APPEAL OF Yvonne Libonati 122 Fifth Avenue Saratoga Springs, New York 12866 Appeal #2711 from the Building Inspector’s determination for the premises at 122 Fifth Avenue, identified as Tax Parcel Section 166.4, Block 4, Lot 33, Inside District of the City of Saratoga Springs, New York. The appellant has applied for area variances for relief from the current City Zoning Ordinance for the construction of an approximate 200 square foot addition to the existing single-family residence; seeking relief from the minimum side and rear yard setback requirements in the Urban Residential-1 district, and public notice having been duly given of a hearing on said application held on Monday, June 10, 2013 and Monday, June 24, 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 or lesser dimensions, as described in the submitted application and plans, BE APPROVED: Type of Requirement 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%) 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. The Application states, “The size of the addition and the roof overhangs have already been minimized to limit the variance required”. The building could not be shifted west 3 feet to meet the side yard setback duet to existing windows. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character. The application states, “The addition and proposed setbacks are consistent in character to many other residences on this side of Fifth Ave.”. The addition and proposed setbacks are consistent in character to many other residences on this side of Fifth Ave. 3. The relief could be considered substantial; however, the addition is 1.7’ further away from the side property line than the existing house – the addition wouldn’t encroach any further into the existing nonconforming setback. 4. The variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The application states, “No large trees would be removed for the project”. The applicant provided verification that the minimum site to remain permeable (30% minimum) would be exceeded (proposed 68.5%). 5. The difficulty is considered to be self-created. This, however, is not necessarily fatal to the application. City of Saratoga Springs Zoning Board Minutes – Monday, June 24, 2013 - Page 4 of 7 Gary Hasbrouck seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; MOTION PASSES: 6-0 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. Applicant: Aimee Oldenburg PUBLIC HEARING: Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 7:23 P.M. Oksana Ludd presented the following resolution. IN THE MATTER OF THE APPEAL OF Amy Oldenburg 9 Beechmont Avenue Bronxville, New York 10708 Appeal #2701 Oldenburg Deck from the Building Inspector’s determination for the premises at 144 Woodlawn Avenue, Saratoga Springs, New York, identified as Tax Parcel No.: 165.44-1-48 in the inside district of the City. The Applicant has applied for an area variance for relief from the current City Zoning Ordinance for construction of an approximately 210 square foot deck on the rear of the existing residence; seeking relief from the minimum side yard (north side), minimum total side yard setback and maximum building coverage (principal building) in an Urban Residential-3 zoning district, and public notice having been duly given of a hearing on said application on May 13, 2013, June 10, 2013 and June 24, 2013. Action appears to be a Type II action, “Granting of an area variance(s) for a single-family, two-family or three- family residence” and therefore exempt from further SEQRA review per 6 NYCRR Part 617.5 (C)(13). 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 or lesser dimensions, as described in the submitted application, BE APPROVED City of Saratoga Springs Zoning Board Minutes – Monday, June 24, 2013 - Page 5 of 7  Type of Requirement Required Existing Proposed Total Relief Requested Minimum Side Yard 4 feet 0 feet 2.4 feet 1.6 feet (40%) Setback (North) Minimum Total Side Yard 12 feet .6 feet 6.5 feet 5.5 feet (46%) Setback Maximum Lot Coverage 30% 32.2% 40.7% 10.7% (36%) Principal Building 1. The Applicant has demonstrated that this benefit cannot be achieved by other means feasible. The current structure is nonconforming. The Applicant indicated that an alternative deck plan was considered and was deemed not feasible, in addition to being more visible than the requested design. Due to the size of the lot, alternative deck designs having been reviewed and determined not feasible, and no additional land being available for purchase, Applicant has demonstrated that that this benefit cannot be achieved by other means feasible. 2. The Applicant has demonstrated that granting these variances will not create an undesirable change in neighborhood character or a detriment to nearby properties. Applicant has presented documentation that the configuration of the proposed deck is consistent with residences in the surrounding area and that granting the variance for maximum lot coverage will not impact on nearby properties. 3. The relief requested may be considered substantial, but is mitigated by the fact that most of the nearby residences have setbacks similar to the requested relief and the requested relief is in keeping with the general character of the neighborhood. 4. The Applicant has demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood. The Applicant has represented that the overall permeability of the lot is 55.7%, which exceeds the 25% required in this district. 5. The alleged difficulty may be considered self-created in that the Applicants desire to construct a new deck; however, this is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: Applicant agrees that the future construction of any accessory structure on this property that requires a building permit will require Zoning Board of Appeals review and approval. Neighbor Input: None Adam McNeill, Secretary seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; City of Saratoga Springs Zoning Board Minutes – Monday, June 24, 2013 - Page 6 of 7  MOTION PASSES: 6-0 APPROVAL OF MINUTES: Adam McNeill, Secretary made a motion to accept the minutes of the May 13, 2013 as submitted. Skip Carlson, seconded the motion. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; MOTION PASSES: 6-0 Gary Hasbrouck made a motion to accept the minutes of the May 20, 2013 as submitted. Skip Carlson, seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; MOTION PASSES: 6-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 7:34 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 7/22/13 City of Saratoga Springs Zoning Board Minutes – Monday, June 24, 2013 - Page 7 of 7