Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, SEPTEMBER 23, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:02 P. M. PRESENT: Bill Moore, Chairman, Keith Kaplan, Vice Chairman; Gary Hasbrouck; Skip Carlson; Oksana Ludd ABSENT: Adam McNeill, Secretary; Shirley Poppel 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: 2. #2707 CELLCO/VERIZON WIRELESS, 35B Nelson Avenue (Saratoga Gaming and Raceway), use variance for a new telecommunications facility in the Institutional Horse Track Related District. 3. #2699 MELVIN BED AND BREAKFAST, 102 Lincoln Avenue, use and area variance for a proposed four unit multi-family residence; seeking relief from the permitted uses in the Neighborhood Complimentary Use-2 District and from the minimum parking requirement. Adjoined to October 7, 2013. 8. #2714 ANW HOLDINGS, INC. 27 Jumel Place, area variance for a proposed seven-unit condominium project; seeking relief from the minimum lot size and average lot width, maximum principal building coverage and minimum front and rear yard setback requirements in the Urban Residential-3 District. Adjourned to October 7, 2013. NEW BUSINESS 1. #2725 WEIBEL AVENUE APARTMENTS SIGNAGE, 60 Weibel Avenue area variance for installation of commercial wall and freestanding signage, seeking relief for placement above the first floor level of the building and on facades with no street frontage for tenant wall signs and to permit a second freestanding sign on the property in the Transect-4 District. SEQRA: Action appears to be a Type II action, "Construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities", and therefore exempt from further SEQRA review. PARCEL HISTORY: ZBA Use Variance for two freestanding signs and similar wall (tenant) signage for building "B" approved May 7, 2012. DRC Advisory opinion to ZBA for the proposed signs issued May 2, 2012. DRC Architectural Review approval of mixed use development on June 15, 2011. Planning Board Site Plan Review approval on June 8, 2011. Planning Board Special Use Permit issued for 116,000 sq. ft. mixed use development on September 9, 2009. AREA VARIANCE CONSIDERATIONS REQUIRED PROPOSED TOTAL RELIEF REQUESTED: Wall sign placement not to extend above First floor level Above first floor level 100% the first floor level: West elevation – max 6 signs Wall sign placement not to extend above First floor level Above first floor level 100% the first floor level: East elevation – max 5 signs Wall sign placement not to extend above First floor level Above first floor level 100% the first floor level: South elevation – max 2 signs Wall sign placement not to extend above First floor level Above first floor level 100% the first floor level West elevation – max 6 signs Wall sign placement on a façade with no Street frontage No street frontage 100% street frontage: South elevation – max 2 signs Wall sign placement on a façade with no Street frontage No street frontage 100% street frontage: North elevation – max 3 signs Max no. of freestanding signs per parcel 1 additional *3 total 1 (100%) Agent: Shawn Corp, Balzer, Tuck Architecture Mr. Corp reviewed signage requests. Copies of the site plan was distributed to the Board. Currently two existing free standing directory signs were approved one year ago along Weibel and the PBA road. We are looking to receive approval for a third directory sign. Also we are requesting wall signage on Building B to extend above the first floor level. Sign band remains on the first level. Bill Moore, Chairman asked if there were any questions or comments from the Board. None heard. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL DRC Architectural Review required for each individual tenant sign. PUBLIC HEARING: City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 2 of 11 Bill Moore, Chairman opened the public hearing at 7:28 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. Bill Moore, Chairman stated the Board will prepare and present a resolution at the next Zoning Board of Appeals Meeting on October 7, 2013. 2. #2726 POKOIK GARAGE ADDITION, 766 North Broadway, area variance for an addition to an existing attached garage seeking relief from the minimum side yard setbacks requirement in the Urban Residential-1 District. Applicant: Davin Pokoik Agent: Tom Frost, Frost Hurff Architects 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 side yard setback 12 feet 7 feet 10 inches 4 feet 2 inches (35%) Mr. Frost stated Mr. Pokoik is requesting an area variance for the proposed construction of a two story addition to an existing attached garage. Neighbor Laura Chodos provided a letter to the Board stated she has no objections to this project. Elevations of the project and floor plan was also provided to the Board. Bill Moore, Chairman asked if there were any further questions or comments from the Board. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL DRC Historic Review is required. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:36 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. Bill Moore, Chairman stated the Board will prepare and present a resolution at the next Zoning Board of Appeals Meeting on October 7, 2013. City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 3 of 11 3. #2727 EDWARDS SUNROOM, 15 Waterview Drive, area variance for a sunroom addition to an existing single-family residence, seeking relief from the minimum total side yard setback requirement in the Interlaken PUD District. Applicant: Diane Edwards 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 25 feet 20 feet 5 feet (20%) Ms. Edwards is requesting an area variance for the addition of a sunroom to her home. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL Summerwind Homeowners Association, Inc., Architectural Standards Committee Review Form, "approved as requested", dated September 2, 2013. Keith Kaplan, Vice Chairman reviewed other means feasible to achieve benefit. Bill Moore, Chairman asked if there were any further questions or comments from the Board. None heard. PUBLIC HEARING: 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. Bill Moore, Chairman stated a resolution will be presented at the next Zoning Board of Appeals Meeting on October 7, 2013. 4. #2728 SARATOGA PRIME PROPERTIES BUILDING SIGN, 135 South Broadway, area variance for installation of a wall sign (address identification), seeking relief for placement above the first floor level of the building in the Transect-5 District. Agent: Wayne Wheeler, AJ Signs. Applicant: Frank Parillo SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 4 of 11 AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Wall sign placement not to extend above the first First floor Above first floor 100% floor level level level NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL Saratoga County Planning Board Referral required. DRC Architectural Review required. Mr. Wheeler stated this is the only area available for signage. 18" lettering is proposed. Discussion ensued regarding placement. Bill Moore, Chairman asked if there were any further questions or comments from the Board. None heard. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:49 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 presented at the October 7, 2013 Zoning Board of Appeals Meeting. OLD BUSINESS: 4. #2722 STRAUSS CARPORT, 26 Fifth Avenue, area variance for construction of an attached carport, seeking relief from the minimum side and rear yards and maximum principal building coverage requirements in the Urban Residential -1 District. SEQRA: Action appears to be a Type II action. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage 20% 24.9% 4.9% (24.5%) Minimum side yard setback 12 feet 4.33 feet 7.67 feet (63.9%) Minimum rear yard setback 30 feet 23.1 feet 6.9 feet (23%) PUBLIC HEARING: City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 5 of 11 Bill Moore, Chairman stated the public hearing remains open. 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 7:50 P.M. Correspondence was received from Tim Higgins, adjacent property owner. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF David and Amy Strauss 26 Fifth Avenue Saratoga Springs, New York 12866 Appeal #2722 From the Building Inspector’s denial for the premises at 26 Fifth Avenue, Saratoga Springs, New York, identified as Tax Parcel No.:166.61-2-21.1 in the Inside District of the City. The Applicant has applied for an area variance for relief from the City Zoning Ordinance for construction of an attached carport in an Urban Residential-1 zoning district, and public notice having been duly given of a hearing on said application on September 9, 2013 and September 23, 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, BE APPROVED: Type of Requirement Required Proposed Total Relief Requested Maximum principal building coverage: 20% 24.9% 4.9% (24.5%) Minimum side yard setback: 12 feet 4.33 feet 7.67 feet (63.9%) Minimum rear yard setback: 30 feet 23.1 feet 6.9 feet (23%) 1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible. As the application states, “We looked at a number of different designs this was the only one that met the program requirements while not impinging on the rear yard to the East”. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties. As the application states, “A serious effort is being made to retain and use the existing garage, a unique building that contributes to the character of the neighborhood”. 3. The relief requested is considered substantial; however, the existing garage would be relocated from an existing 3.2’ side yard setback to 4.33’ making the side yard setback less nonconforming. 4. The applicant has demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood. The site to remain permeable would be 68%, which exceeds the minimum 30% in the district. City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 6 of 11 5. The alleged difficulty may be considered self-created in that the applicant desires to construct an attached carport; however, this is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: DRC Historic Review required Seconded by Keith Kaplan, Vice Chairman. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 5. #2723 VARLEY STUDIO, 101 Walworth Street, area variance for construction of a detached garage with second story living space; seeking relief to permit habitable space in an accessory structure in the Urban Residential-3 District. SEQRA: Action appears to be a Type II action. Applicant: Scott Varley Agent: Michael Perri PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. 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 7:59 P.M. Oksana Ludd presented the following resolution. IN THE MATTER OF THE APPEAL OF Marion Walworth Realty, LLC 28 Division Street Saratoga Springs, New York 12866 Appeal #2723 City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 7 of 11  From the Building Inspector denial for the premises at 101 Walworth Street, Saratoga Springs, New York, identified as Tax Parcel No.: 166.50-3-33 in the inside district of the City. The Applicant has applied for an area variance for relief from the current City Zoning Ordinance for proposed construction of a detached garage with second story living space in an Urban Residential-3 zoning district, and public notice having been duly given of a hearing on said application on September 9, 2013 and September 23, 2013. 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 us or density” and therefore exempt from further SEQRA review per 6 NYCRR Part 617.5 (C)(10). 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 Type of Requirement Required Existing Proposed Total Relief Requested Permitted use of accessory structure- Uninhabitable N/A Habitable space Limited use of private garage space New habitable space in a Construction private garage 1. The Applicant has demonstrated that this benefit cannot be achieved by other means feasible. The Applicant desires to personally use the finished space on limited occasions and requests that the space be finished and include a half bath. Applicant has indicated that the existing two family residence is rented to 3rd parties, and therefore, it is not feasible for the Applicant to access the existing two family residence. 2. The Applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties. Applicant has indicated that because the space will have limited use and will not be permanently occupied, finishing the second story of the garage for limited use will not impact on the neighborhood character. Additionally, the Applicant indicates that the garage is to be located on Cummings Alley, which is lined with garage structures with usable upstairs space. 3. The relief requested may be considered substantial. Since the zoning code does not allow finished space in an accessory structure, allowing even limited finished space is considered substantial. However, this is mitigated because the use of the space will be limited to occasional day time use and will not be used for overnight stays or for permanent occupancy. 4. The Applicant has demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood. The dimensions and location of the garage are such that no area variances are required with respect to construction. Because the use will be limited to occasional day time use and will not be used for overnight stays or for permanent occupancy, such use will not have an adverse effect on the neighborhood. 5. The alleged difficulty may be considered self-created in that the Applicant desires to construct a finished second story space in the newly constructed garage, however, this is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: This variance is conditioned upon the improvements not creating and the space not being used as an overnight living area or accessory apartment. Specifically, no kitchen or bathing facility (no full bath) will be allowed and plumbing shall be limited to a half bath. City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 8 of 11 Neighbor Input: None Seconded by Gary Hasbrouck. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 The Board Recessed at 8:04 P.M. The Board Reconvened at 8:06 P.M. Bill Moore, Chairman stated we will reopen the following application the Board has a resolution. #2727 EDWARDS SUNROOM, 15 Waterview Drive, area variance for a sunroom addition to an existing single-family residence, seeking relief from the minimum total side yard setback requirement in the Interlaken PUD District. Applicant: Diane Edwards PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Bill Moore, Chairman asked if anyone wished to comment on this application. None heard. Keith Kaplan, Vice Chairman presented the following resolution. IN THE MATTER OF THE APPEAL OF Diane Edwards 15 Waterview Drive Saratoga Springs NY 12866 From the determination of the Building Inspector involving the premises at 15 Waterview Drive, in the City of Saratoga Springs, New York being tax parcel number 179.84-1-13 in the Outside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the construction of a sunroom addition to the rear of an existing residence in the Interlaken PUD District and public notice having been duly given of a hearing on said application held on the 23rd day of September 2013. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variances for the following amount of relief: City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 9 of 11 TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MIN. TOTAL SIDE YARD SETBACK 25’ 20’ 5’, OR 20% 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 to the applicant. The applicant noted that while alternative designs were contemplated, the proposed design and placement on the south side of the house will provide the natural light and view that is the objective of this addition, and an adequate room size whereas the alternatives either were too small or blocked the kitchen window; thereby necessitating this request for side setback relief. The Board notes that the current positioning of the residence on the lot, and the wedge shape of the lot, combines to make any addition to the rear along the south side, one that will encroach into the total side yard setback. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant notes that other houses in the neighborhood have similar additions. The Board notes that the addition is in the rear and will be difficult to see from the street, and the proposal’s size is of a scale that is proportional to the house size per review of the plans. The Board further notes the September 2, 2013 approval of this project by the Summerwind Homeowners Association, Inc. 3. The side setback variance might be considered substantial at 20% particularly if the encroachment was all on one side or if it was in a more visible area; in some cases 20% is not considered substantial. In this case, the variance is for total side setback; the side on which the addition is located will have the minimum 10 foot one- side setback. Furthermore, as noted above the encroachment is towards the rear reducing the impact of the substantiality. The Board finds the setback request in this case to be insubstantial. 4. This proposal will not have significant adverse physical or environmental effect on the neighborhood or district. The applicant notes there will be 73% permeability, and building coverage including this addition of 18.5%. The Board notes these percentages indicate insignificant physical and environmental effect in this case. 5. The alleged difficulty is self-created as the applicant wishes to build this addition. However, this is not 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; Keith Kaplan, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 APPROVAL OF MINUTES: City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 10 of 11 Gary Hasbrouck made a motion to approve the July 22, 2013 minutes of the Zoning Board of Appeals. Skip Carlson seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 Oksana Ludd made a motion to approve the September 9, 2013 minutes of the Zoning Board of Appeals. Skip Carlson seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor MOTION PASSES: 5-0 MOTION TO ADJOURN: Bill Moore, Chairman adjourned the meeting at 8:15 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 10/28/13 City of Saratoga Springs Zoning Board Minutes – Monday, September 23, 2013 - Page 11 of 11