Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JULY 8, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:08 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. ANNOUNCEMENT OF ADJOURNED PROJECTS: 6. #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 22, 2013. 7. #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 22, 2013. NEW BUSINESS: 1. #2718 GIOIA DECK, 2 Beach Court, area variance for construction of a deck; seeking relief from the minimum front and rear yard setback requirements in the Water's Edge PUD 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 front yard setback: 30 feet 25 feet 5 feet (17%) Minimum rear yard setback: 25 feet 14 feet 11 feet (44%) Agent: Tonya Yasenchak, Engineering America Applicant: The Gioia's. Ms. Yasenchak stated the Gioia's deck is too small. Their yard slopes off and they have no basement walk out. They have a corner lot, and no additional property is available to purchase. A stonewall and fencing was proposed. The applicants are stabilizing the embankment. The HOA Architectural Review Committee requested brick and a railing system. Ms. Yasenchak reviewed all the considerations for an area variance. Adam McNeill requested a letter from the HOA stating their approval of this project. PUBLIC HEARING: Bill Moore, Chairman, opened the public hearing at 7:26 P.M. Bill Moore, Chairman, asked if anyone in the audience wished to speak on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. We are awaiting a letter from the HOA and we will have a resolution prepared for the next Zoning Board of Appeals Meeting on July 22, 2013. 2. #2717 GEORGE ADDITION, 85 York Avenue, area variance for construction of an addition to an existing residence; seeking relief from the minimum rear yard setback and maximum principal building coverage requirements in the Urban Residential – 3 District. RECUSAL: Oksana Ludd recused herself from this application. Applicants: Jesse and Alexandra George Agent: Jesse Boucher, Kodiak Construction 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 rear yard setback: 25 feet 17.5 feet 7.5 feet (30%) Maximum principal building coverage: 30% 30.57% .57% (1.9%) Mr. Boucher stated construction has started with the proper building permits in place. The applicants have made a change in their plans. They would like to attach the two buildings. This changes the setback and therefore our request for an area variance. The new garage is further from the fence which is not on the property line. PUBLIC HEARING: Bill Moore, Chairman, opened the public hearing at 7:32 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 City of Saratoga Springs Zoning Board Minutes – Monday, July 8, 2013 - Page 2 of 6 next Zoning Board of Appeals Meeting on July 22, 2013. Oksana Ludd resumed her position on the Board. 3. #2716 LESTER GARAGE, 57 Oak Street, area variance for construction of a detached garage; seeking relief from the maximum accessory building coverage requirement in the Urban Residential-2 District. Applicant: Charles and Chelsea Lester Agent: Jesse Boucher, Kodiak Construction SEQRA: Action appears to be a Type II action, "Construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density", and therefore exempt from SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum accessory building coverage: 10% 12.1% 2.1% (21%) Mr. Boucher stated the applicants existing garage does not function well. They are proposing a 3 bay garage. Mr. Lester likes working on his vehicles, and they are a three car family. An exterior stairwell is proposed for upstairs storage, etc. In order to minimize the impact there will be one large shared garage door and one additional garage door. Skip Carlson asked if they have given any consideration to the length of the driveway and voiced concern regarding permeability. Adam McNeill questioned the permeability as well. Keith Kaplan, Vice Chairman requested the applicants provide a calculation of the amount of asphalt proposed. Also he would like to have the numerator provided for the calculation. PUBLIC HEARING: Bill Moore, Chairman, opened the public hearing at 7:43 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 Zoning Board of Appeals Meeting on July 22, 2013. 4. #2719 BYRNE TENNIS COURT, 251 Clinton Street, area variance to install a tennis court; seeking relief from the maximum accessory building coverage requirement in the Urban Residential-1 District. DISCLOSURES: Keith Kaplan, Vice Chairman disclosed that 3 of his family members are patients of Dr. Byrne's. There is no financial City of Saratoga Springs Zoning Board Minutes – Monday, July 8, 2013 - Page 3 of 6 interest in this application. No need for recusal, just disclosure. Skip Carlson also disclosed several of his family members are patients of Dr. Byrne's. There is no financial interest in this application. No need for recusal, just disclosure. SEQRA: Action appears to be a Type II action, "Construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density", and therefore exempt from SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum accessory building coverage 8% 12.8% 4.8% (60%) Applicant: Dr. Byrne Agent: Donald King, President of HMA Contracting. Mr. King provided the board with a layout for the court. The applicants are able to meet the setback requirements. The current court is proposed at 60 x 120 in dimension. Permeability requirements will be met. This will be an all weather court. A black vinyl chain link fence is proposed around the court. The court is screened by cedars. 6 of these trees will be removed during construction. A grass court was not considered since the applicant would like to have this court available for his children to ride their bikes and play on. The character of the neighborhood will not be compromised with the addition of this tennis court since this area is very invisible and well maintained. The applicant is proposing a 10 foot high fence on either end. Susan Barden stated a 10 foot high fence is not allowed. The height of the fence which is allowable at 6 feet. Anything higher will require a variance. We can add to the building inspector's denial the variance needed for the fence. We will need additional information regarding the varying heights of the fencing. PUBLIC HEARING: Bill Moore, Chairman, opened the public hearing at 8:01 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. There will be a resolution prepared for the next Zoning Board of Appeals meeting on July 22, 2013. OLD BUSINESS 5. 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. City of Saratoga Springs Zoning Board Minutes – Monday, July 8, 2013 - Page 4 of 6 Applicants: Frank and Donna Siska PUBLIC HEARING: Bill Moore, Chairman, closed the public hearing at 8:09 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Frank and Donna Siska 21 West Fenlon Street Saratoga Springs, New York 12866 From the Building Inspector’s determination for the same premises, identified as Tax Parcel Section 178.34, Block 2, Lot 8, Inside District of the City of Saratoga Springs, New York. WHEREAS, the appellant has applied for an AREA VARIANCE for relief from the current City Zoning Ordinance for Minimum Total Side Yard Setback in an Urban Residential – 2 zoning district for a second floor addition; and public notice having been duly given of a hearing on said application held on June 24, 2013 and July 8, 2013. WHEREAS, in consideration of the balance between benefit to the applicant with 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, be APPROVED: Required Existing Proposed Relief Requested Minimum Total Side Yard 20’ 16’ 16’ 4’ or 20% Setback 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant desires to construct a second floor on an existing house due to a fire which required the roof to be replaced. The application states, “We had a fire. The entire roof has to come off so we would like to take this opportunity to add an addition without changing the existing foundation/footprints.” 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The application states, “This will not be a detriment to nearby properties because we are staying within existing structure.” According to the plans submitted, the structure will only be added to the top of the pre-existing building and will encroach no closer to the neighboring properties. 3) The relief requested is not substantial. The house is a pre-existing, nonconforming structure. The applicant is maintaining the existing setback with the new construction. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. No additional impermeable area is anticipated to be added to the project. City of Saratoga Springs Zoning Board Minutes – Monday, July 8, 2013 - Page 5 of 6  5) The difficulty may be considered self-created. Replacement of the roof with same conditions as before the fire would not have been considered a self-created hardship. By creating living space above the first floor, the applicant created the self imposed hardship. This, however, is not necessarily fatal to the application. Skip Carlson 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 APPROVAL OF MINUTES: Approval of meeting minutes was deferred to the July 22, 2013 meeting. MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:15 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 7/22/13 City of Saratoga Springs Zoning Board Minutes – Monday, July 8, 2013 - Page 6 of 6