Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, DECEMBER 9, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:01 P. M. PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Gary Hasbrouck; Adam McNeill, Secretary; Oksana Ludd; Shirley Poppel ABSENT: Skip Carlson STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Deputy 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. OLD BUSINESS: 1. #2737 ROOD & RIDDLE MODIFICATION, 63 Henning Road, use variance modification and area variance for expansion of an existing equine medical care facility, seeking modification of a previously granted use variance and area variance from the minimum parking requirement in the Rural Residential District. SEQRA: Action is an Type I action and requires coordinated review. Historic property proximity. Part 1 of the short Environmental Assessment Form was submitted. PARCEL HISTORY: - Site plan review approved 4/28/99. - Use variance granted 224/99 to construct a new 3.248 sq. ft. equine (only) medical and surgical center, convert the existing stables into recovery and well care stalls, erect a 15 sq. ft. freestanding sign, a waiver of 39 parking spaces, construction of a 240 sq. ft. run in shed in the south paddock and allow employee occupied caretaker apartment. - Use variance granted 4/29/98 to remodel the existing 3,350 sq. ft. barn into an equine medical and surgical facility with future expansion up to 2,000 sq. ft. and to construct a new 4,320 sq. ft. barn to house injured and recovering horses, erect a freestanding sign, hold up to five equestrian events. Not acted upon and expired. - Site plan review approved 4.29/98. Not acted upon and expired. AREA VARIANCE CONSIDERATIONS:  REQUIRED PREVIOUSLY EXISTING PROPOSED TOTAL RELIEF APPROVED REQUESTED Minimum off street 51 (1999) 23 spaces 5 spaces 19 spaces 54 spaces (74%) parking spaces: additional (Variance for 38 required 73 total spaces) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: Saratoga County Planning Board referral required. City Planning Board site plan review is required. Agent: John Carusone, Attorney for the Applicants Matt Brobston, LA Group Dr. Brett Woodie, Partner in Rood and Riddle Mr. Carusone stated the applicant Rood and Riddle is one of the premier equine veterinary establishments in the Country. Dr. Woodie who is present this evening is in charge of this project. He is a surgeon. Prior to his joining this firm he was a professor of large animal surgery at Cornell University. Mr. Carusone gave a brief history of this parcel. It is currently zoned as an RR district which allows this as use in this zone. We are asking for no new variance, simply a modification of a use variance. Mr. Brobston, LA Group provided a Visual presentation to the Board denoting all the current structures and uses. The clinic building will be expanded. Mr. Carusone stated the hot walker is owned by BOCES and they will remove it from the property. The site plan from the 1990's was shown with proposed buildings which were not built. Rood and Riddle are looking to update and enlarge the clinic area to provide for advanced diagnostics and imaging techniques and specialized medical and surgical care. What they are doing now requires more space. There is no substantial change in use from the 1990's. Mr. Brobston provided a visual presentation of the proposed additions to the property. A new barn and a garage housing several horse ambulances and vehicles. This project will be built in two phases. Large parking areas and turn around are provided for horse vans. Mr. Carusone discussed parking and the request to decrease parking from 73 which is what currently exists and we would like to bring it down to 19. They will be six employees going up to 8. The ambulatory vets will pull into the garage and there are very few visitors. The parking is used by the employees. Other vehicles will be parked in the large area for horse vans. Mr. Carusone stated the neighborhood is almost entirely non residential. Much of the street is taken up by BOCES and YADDO and the racetrack. There is possibly one or two homes on this street. There is a lot of screening and most of the facility cannot be seen from the road. There is a conservation easement which runs along the property line. Also there is some wetland area. The application indicates that the proposed modifications would not have an adverse effect on the district nor would alter the essential character of the neighborhood. The application states "The applicant's use is consistent with some of the uses already permitted in the Rural Residential zone to wit: animal kennel; farms; riding stable; farm stand; barn and stables". In addition, the application states, "The Applicant's property is secluded and barely visible from Interstate 87, Union Avenue or Henning Road". Oksana Ludd questioned the parking and the amount requested, and reviewed the current site plan. Dr. Wilkes stated there will be one veterinary surgeon and two interns on staff. Mobile veterinarians will stop and restock vehicles but will not be considered on staff. Currently there is one operating room and this will allow for two rooms City of Saratoga Springs Zoning Board Minutes – Monday, December 9, 2013 - Page 2 of 6 for clean orthopedic and soft tissues injuries. Also, they will add a room for radiology and imaging which currently does not exist. Discussion ensued regarding the number of parking spaces requested versus what currently exists. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:39 P.M. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Bill Moore, Chairman asked the Board to consider Lead Agency. Adam McNeill, Secretary made a motion to seek Lead Agency Status. Keith Kaplan, Vice Chairman 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; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Shirley Poppel, in favor MOTION PASSES: 6-0 Bill Moore, Chairman requested a motion for an advisory opinion from the Planning Board on parking. Keith Kaplan, Vice Chairman made a motion to request an advisory opinion from the Planning Board on parking. Gary Hasbrouck 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; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Shirley Poppel, in favor MOTION PASSES: 6-0 Bill Moore, Chairman stated we will see the applicant at the next meeting on January 13, 2014. 2. #2736 WHEELER POOL, 12 Liz Ann Drive, area variance for maintenance of an above-ground pool; seeking relief to permit the pool to be located in the front yard in the Rural Residential District. City of Saratoga Springs Zoning Board Minutes – Monday, December 9, 2013 - Page 3 of 6 SEQRA: Action appears to be a Type II action, and therefore, exempt from further SEQRA review. Applicant: Robert S. Wheeler, Jr. Mr. Wheeler stated their home is on a corner lot. Actually have two fronts to the home. Would like to site the pool in the front yard. The applicant indicates because of the orientation of the house on the lot and the location of the septic systems that there are no other alternatives. The pool will match the outside décor of the existing house. While the pool is visible from the road, it appears as if it is located in the back of the house. No permit was obtained prior to the installation of the pool. Applicant is here today to rectify the situation. Gary Hasbrouck questioned the sitting of the pool. The pool needs to be fenced or hidden from view. I would like a permeability percentage. Discussion ensued regarding the buffering of the pool via vegetative or a fencing buffer. Bill Moore, Chairman stated when people do things without a permit and do not make a phone call to the local building department is not a hard thing. We have to look at these individually. The Board needs to look at this if the pool was not here would you look upon this application favorably. Would the Board approve of a pool in the front yard. Discussion ensued regarding the sitting/placement of the pool. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:27 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Frank Fellameni 9 Liz Anne Drive. What is the next step. When does the final decision come down. Bill Moore, Chairman stated the public hearing will remain open. Supply the information to the Board and your application will be placed back on the agenda. 3. #2738 MULLAN DECK, 111 Fifth Avenue, area variance for expansion of an existing rear deck; seeking relief from the minimum side yard, minimum total side yard setback and maximum principal building coverage requirements in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Daniel Mullan AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 12 feet 5.5 feet 6.5 feet (54%) Minimum total side yard setback 30 feet 12.5 feet 17.5 feet (58%) Maximum principal building coverage 20% 26% previously 1% additional coverage 27% total (35%) approved (2006) 27% proposed The requested variance is minor and approximately 120 sq. ft. and is simply an extension of an existing deck. The deck is on the rear of the house and east side of the deck does not extend to or beyond the existing attached City of Saratoga Springs Zoning Board Minutes – Monday, December 9, 2013 - Page 4 of 6 garage. The deck does not extend past the existing house and is in the rear; therefore, it should not be visible from the street. The neighbor directly to the East – most affected by this expansion is 100% in favor. Mr. Mullen stated he did expand his deck without approval. Neighbors are mostly summer people. Immediate neighbor does not have any issue with this. Shirley Poppel requested the permeability calculation. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:45 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 a resolution will be prepared and presented at the next meeting which is scheduled for December 16, 2013. 4. #2739 HENS ADDITION, 51 Walnut Street, area variance for a second story addition to an existing single family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-2 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 side yard setback 8 feet 5 feet 3 feet (37.5%) Applicant: Christopher Hens Mr. Hens stated the proposed addition is on the existing footprint of the house. The locations of the existing driveway and detached garage would make a first floor addition to the house problematic. The applicant feels the design of the home will fit in this neighborhood. The addition would not encroach any further into the setback than currently exists. The expansion of the roof area 5' from the side property line may impact the immediate neighbor. Keith Kaplan, Vice Chairman requested a permeability calculation. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:52 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Max Bruzell 67 Walnut Street is here on behalf of Rosemary O'Connor who lives next door. She is in favor of the application. Requested a copy of the plans. Mike Curtin, 123 Ash Street, lives behind the project and is in support of this project. City of Saratoga Springs Zoning Board Minutes – Monday, December 9, 2013 - Page 5 of 6 Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated a resolution will be prepared and presented at the next Zoning Board of Appeals meeting on Monday, December 16, 2013. APPROVAL OF MINUTES: Bill Moore, Chairman deferred the approval of the minutes to the next scheduled Zoning Board of Appeals meeting on December 16, 2013. MOTION TO ADJOURN: There being no further business to discuss, Bill Moore, Chairman adjourned the meeting at 9:00 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 1/27/14 City of Saratoga Springs Zoning Board Minutes – Monday, December 9, 2013 - Page 6 of 6