Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, NOVEMBER 18, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:10 P. M. PRESENT: Bill Moore, Chairman, Keith Kaplan, Vice Chairman; Gary Hasbrouck; Adam McNeill, Secretary; Skip Carlson; Oksana Ludd; Shirley Poppel 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. NEW BUSINESS: 1. #2735 MOORE NEW RESIDENCE, 75 South Franklin, area variance for new single-family residence and detached garage; seeking relief from the minimum total side yard setbacks, maximum accessory building coverage and to permit habitable space in a residential accessory structure in the Urban Residential-3 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 PROPOSED TOTAL RELIEF REQUESTED Minimum total side yard setback 12 feet 8 feet 4 feet (33%) Maximum accessory building coverage 10% 12% 2% (20%) DISCLOSURE: Oksana Ludd disclosed one of her neighbors requested the name of an attorney to help with this zoning issue. She provided him with several names but there was no discussion of any agenda items. RECUSAL: Bill Moore, Chairman recused himself from the duties of the Chair. Keith Kaplan, Vice Chairman assumed the duties of the Chair. Mr. Moore provided the Board with copies of new design drawings of the proposed project. The home is a barn carriage house design. Mr. Soave is not interested in selling his land and I am unable to purchase additional land. The current design has 24" wide overhangs. An accessory structure is proposed above the garage for a man cave/office space with a half bath proposed. This will in no way adversely effect the neighborhood since it is either commercial or a two family neighborhood. Discussion ensued regarding the lot configuration. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:20 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Tony Dawson, 77 South Franklin Street, shareholder of Molto Holdings which owns the scrap yard. Mr. Dawson stated the scrap yard has been in operation for a very long time. The alley width is of concern regarding emergency vehicles. Georgio Isini, operator of Spa City Recycling. He stated he will encounter trouble to re-route the traffic and add additional ingress/egress areas and the cost will be exorbitant. Jack McKeever, questioned the ownership of the vacant land. Frank Capone, 119 Grand Avenue welcomed Mr. Moore to the neighborhood. Frank Dominick, stated this will effect the emergency vehicle access to the Principessa Elena Society as well as affect snow removal. Edmund Cechnicki, lives across the street. He would like to see the house built. Keith Kaplan, Vice Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next Zoning Board of Appeals Meeting on November 25, 2013. Bill Moore returned to the Board. Keith Kaplan, Vice Chairman continued as Chairman of the meeting. 2. #2734 HIGGINS ADDITION, 100 Union Avenue, area variance for construction of residential additions to an existing single-family residence; seeking relief from the minimum side yard and total side yard setback requirements in the Urban Residential-4 District. This application was heard at the October 28, 2013 Zoning Board of Appeals meeting and adjourned to this date. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. 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 7:35 P.M. City of Saratoga Springs Zoning Board Minutes – Monday, November 18, 2013 - Page 2 of 8 Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Rick Higgins 100 Union Avenue Saratoga Springs, New York 12866 from the Building Inspector’s determination for the same premises, identified as Tax Parcel Section 166.69, Block 4, Lot 5, Inside District of the City of Saratoga Springs, New York WHEREAS, the appellant has applied for AREA VARIANCES for relief from the current City Zoning Ordinance for Minimum Total Side Yard Setback and Minimum Side Yard Setbacks in an Urban Residential – 4 zoning district for construction of residential additions; and public notice having been duly given of a hearing on said application held on October 28, 2013 and November 18, 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 VARIANCES for the following relief or lesser dimensions; be APPROVED: Required Proposed Relief Requested Minimum Total Side Yard 45’ 18’ 27’ or 60% Setback Minimum Side Yard Setback- 20’ 8.5’ 11.5’ or 57.5% Patio/Roof Minimum Side Yard Setback- 20’ 13’ 7’ or 35% Bay/Dormer 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 Bay/Dormer on an existing house within the existing footprint and a roof over a patio in the rear of the residence. The patio roof will encroach further into the side yard setback than existing setbacks. According to submitted plans, the lot size varies from 50’ to 55’ wide while the district standard is 100’ wide. The application states, “…no land is available. The lot is narrow for the area and zone.” Any addition exceeding 5’ in width would require at least 2 variances. 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, “The facing side of the adjacent property has a carport similar in appearance to the proposed side patio roof. The proposed second story bay/dormer matches an existing one on the residence.” 3) The relief requested may be considered substantial. The house is a pre-existing, nonconforming structure. However, the applicant is maintaining the existing nonconforming setback with the construction of the bay/dormer. A previous variance granted in May of 2002 reduced the minimum side yard setback to 9’. The current variance request results in an additional 6” in side yard setback and an additional 2 and ½’ in total side yard setback. 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. The application states, “The patio roof is over an already impervious stone patio.” City of Saratoga Springs Zoning Board Minutes – Monday, November 18, 2013 - Page 3 of 8  5) The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Note: DRC Historic Review required Seconded by Adam McNeill. Keith Kaplan, Vice 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; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor MOTION PASSES: 7-0 3. #2733 ARNOLD GARAGE, 795 North Broadway, area variance for construction of a two-story garage attached to an existing single-family residence; seeking relief from the minimum side yard setback and maximum principal building coverage requirements in the Urban Residential-1 District. This application was heard at the October 28, 2013 meeting and adjourned to November 18, 2013. The public hearing was opened and remains open. SEQRA: Action appears to be a Type II action. 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 7:42 P.M. Shirley Poppel presented the following resolution. IN THE MATTER OF THE APPEAL OF Jay and Alysa Arnold 795 North Broadway Saratoga Springs, New York 12866 from the Building Inspector’s determination for the premises at 795 North Broadway, identified as Tax Parcel Section 165.28, Block 2, Lot 2, 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 a two-story garage attached to the existing single-family residence; seeking relief from the minimum side yard setback and maximum principal building coverage requirements in the Urban Residential – 1 district; and public notice having been duly given of a hearing on said application held on Monday, October 28, 2013 and Monday, November 18, 2013. City of Saratoga Springs Zoning Board Minutes – Monday, November 18, 2013 - Page 4 of 8 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, as described in the submitted application and plans; be APPROVED: Required Proposed Relief Requested Minimum Side Yard Setback 12’ 9’ 3’ (25%) Maximum Principal Building 20% 21.6% 1.6% Coverage 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant indicates that the proposed placement of the garage behind the house at the end of the existing driveway is the best location as placing the structure in another location would place it too close to the street or in the open yard area. 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 indicates that many properties on N. Broadway have carriage houses that are either separated from the principal building or “read” as if separated. The application states, “The proposed design will be appropriate to the existing house”. 3. The relief requested is not considered substantial. The side yard encroaches only 2’ 8” and the principal building coverage is 1.6% over the maximum. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states, “The structure will be set back as far as possible from each street, and will be appropriate in design and scale”. 5. The application states, “The non-conformance of the proposed structure is a self-created difficulty. This, however, is not necessarily fatal to the application. Note: DRC Historic Review required Seconded by Oksana Ludd. Keith Kaplan, Vice 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; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor MOTION PASSES: 7-0 6. #2732 SARATOGA NORTH LLC, 15 Maple Dell, use variance modification to convert 3,235 sq. ft. of existing business office space to medical office use; seeking relief from the permitted uses within the Tourist Related Business District. This application was heard at the October 7th and October 28, 2013 meetings and adjourned to November 18, 2013. The public hearing remains open. City of Saratoga Springs Zoning Board Minutes – Monday, November 18, 2013 - Page 5 of 8 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. Tracey Millis, 15 Maple Dell, president of the Maple Dell Homeowners Association. The association is against the proposed modification. SEQRA: Action appears to be an Unlisted Action. Part 1 of the short EAF was submitted. The Board reviewed Part II of the short EAF and noted no large or important areas of concern were noted. Keith Kaplan, Vice Chairman made a motion for a SEQRA Negative Declaration. Bill Moore, Chairman seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor MOTION PASSES: 7-0 PUBLIC HEARING: Keith Kaplan, Vice Chairman closed the public hearing at 7:55 P.M. Adam McNeill presented the following resolution. In the Matter of the Appeal of Saratoga North, LLC 15 Maple Dell, Suite 1 Saratoga Springs, NY 12866 Appeal #2732 From the determination of the Zoning and Building Inspector involving the premises at 15 Maple Dell, tax parcel no. 166.5-2-39 for a modification to a previously granted Use Variance to convert 3,235 sq. ft. of existing business office space to medical office use in the Tourist Related Business District (TRBD); seeking relief from the permitted uses within the TRBD and public notice having been given on October 7th and 28th and November 18th, 2013 be approved based on the submitted application and plans and supplemental information as requested because the applicant has demonstrated and proven acceptable criteria. The property is located in a commercial district, TRB, where real estate offices are permitted in addition to other commercial uses, “intended to serve the needs of tourists”. The existing use variance granted in June, 1998 provides for business/professional office (3,235 sq. ft.) and medical office uses (1,900 sq. ft.) on the property. The applicant provided documentation as to the marketing of rental spaces within the building for general business office uses by way of posting of the property and advertising in the Saratoga Business Journal and on Craigslist. The applicant stated that inquiries for possible rental of the individual suites were predominately for medical office uses. Furthermore, City of Saratoga Springs Zoning Board Minutes – Monday, November 18, 2013 - Page 6 of 8 a letter submitted from Tom Roohan, Roohan Realty, regarding the abundance of office space for rent in the City states, “There are currently 11 other office spaces available in the Multiple Listing Service fitting similar criteria within the City of Saratoga Springs”. Moreover, the applicant provided maintenance costs and taxes resulting in an annual loss of $5,572 for the unoccupied suites. It has been held by the courts that the standard of proof to support a modification of a previously granted use variance is less severe than the standard for the initial granting of a use variance. The applicant for a modification generally needs to prove that the modification as requested will not adversely impact the neighborhood. It has been specifically held that a mere increase in the volume of a use does not trigger use variance requirements. Red House Farm, Inc. v. Zoning Board of Appeals of East Greenbush, 234AD2D 770. The applicant’s proposed increase in square footage for the medical office portion of the use raises neighborhood impact uses relative to parking and traffic on neighborhood streets. The Board notes that the Zoning Ordinance establishes a higher off-street parking requirement for medical offices. Here, however, the Board is persuaded that the additional medical office square footage will not significantly impact parking in the area. The currently allowed medical office use has existed in the neighborhood since 1998, and the Board is not aware of any reports of traffic congestion or other such difficulties in the area. For the foregoing reasons the applicant’s request for a modification of the June 10, 1998 use variance, increasing the medical office use from 1900 sq. ft. to 3235 sq. ft., is granted. Note: Saratoga County Planning Board issued “No Significant County Wide or Inter Community Impact” on Oct. 17, 2013. Conditions: Site Plan Review by the Planning Board is required Conditions placed on the 1998 use variance remain in effect: b. Hours of operation shall be restricted from 7:00 am to 9:00 pm d. Any lawful illuminated signs shall not be lit after 9:00 pm Seconded by Shirley Poppel. Keith Kaplan, Vice 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; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor MOTION PASSES: 7-0 APPROVAL OF MINUTES: Gary Hasbrouck made a motion to approve the minutes of the October 28, 2013 Zoning Board of Appeals meeting with corrections or additions as submitted. Adam McNeill, Secretary seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; City of Saratoga Springs Zoning Board Minutes – Monday, November 18, 2013 - Page 7 of 8  MOTION PASSES: 7-0 MOTION TO ADJOURN: There being no further business to discuss, Keith Kaplan, Vice Chairman adjourned the meeting at 8:01 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 12/16/13 City of Saratoga Springs Zoning Board Minutes – Monday, November 18, 2013 - Page 8 of 8