Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, JANUARY 13, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:11 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill Secretary; George “Skip” Carlson; Oksana Ludd ABSENT: Gary Hasbrouck STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney, City of Saratoga Springs EXECUTIVE SESSION: Adam McNeill made a motion for the Zoning Board of Appeals to adjourn to Executive Session. Oksana Ludd seconded the motion. All in favor, ayes all – 5-0. The Zoning Board of Appeals adjourned to executive session at 6:48 P.M. The Zoning Board of Appeals reconvened the meeting at 7:11 P.M. ELECTION OF OFFICERS Tony Izzo, Assistant City Attorney, stated as an initial step in the first meeting of the year is the nomination and election of officers for the 2014 year. There are five members of the Board present tonight. Tony Izzo, Assistant City Attorney conducted the annual elections for the year 2013. The nomination for officers will be held in the order in which they appear on the letterhead. Board Chair: A nomination of Bill Moore to continue as Chairman of the Zoning Board of Appeals was moved by Adam McNeill. Motion was seconded by Keith Kaplan. No further nomination for the office of chair. All in favor to close the nominations for the office of chair signify by saying aye. All in favor - Ayes all, nayes none. Motion carries 5-0. Board Vice-Chair: A nomination of Keith Kaplan for the office of Vice Chairman was moved by Bill Moore. Motion seconded by Oksana Ludd. No further nominations for the office of Vice-Chair. All in favor to close the nominations for the office of chair signify by saying aye. All in favor Ayes all, nayes none. Motion carries 5-0. Board Secretary: A nomination of Adam McNeill for the office of Secretary was moved by Oksana Ludd. Motion was seconded by Keith Kaplan. No further nominations for the office of Secretary. All in favor to close the nominations for the office of chair signify by saying aye. All in favor Ayes all, nayes none. Motion carries 5-0 Vote for Chair: Votes in favor of electing Bill Moore, Chairman were unanimous. 5-0. Vote for Vice-Chair: Votes in favor of electing Keith Kaplan, Vice Chairman were unanimous. 5-0. Vote for Secretary: Votes in favor of electing Adam McNeill, Secretary were unanimous. 5-0. 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. WOODLAWN DEVELOPMENT, LLC MULTI-FAMILY, 100-108 Woodlawn Avenue, area variance for construction of a two family residence, parking structure and parking area associated with the redevelopment of a nonconforming multi-family residential use; seeking relief to allow more than one principal building on a lot, maximum principal building coverage, minimum site to remain permeable, minimum side (two) yard setback to parking area, minimum rear yard setback to two-family residence in the Urban Residential-3 District. SEQRA: - Action appears to be an Unlisted Action. - Involved agencies include Planning Board (site plan review) and DRC (Historic Review). - An Unlisted Action occurring substantially contiguous to a historic district (Broadway Historic District) is elevated to a Type I action. - Type I actions require a Long EAF and Coordinated Review. - A long Form was submitted-comments/revisions on Part 1. - The Board should Coordinate Review and discuss Lead Agency status. PARCEL HISTORY - Demolition permit issued September 27, 2013. - 100-108 Woodlawn Avenue was determined to have a preexisting nonconforming multi-family residential use; specifically, 15 residential units. AREA VARIANCE CONSIDERATION: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum one principal One building One building Two buildings One additional building (100%) building on any one lot Maximum principal building 30% 38% 45% 15% (50%) coverage two buildings combined Minimum site to remain 25% 24% 9% 16% (64%) permeable Minimum rear yard setback: 25 feet 1.5 feet 23.5 feet (94%) to two-family Minimum side yard setback: 5 feet 3 feet 2 feet (40%) to parking Minimum side yard setback: 5 feet 0 feet 5 feet (100%) to parking NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: - Saratoga County Planning Board referral required. - City Planning Board site plan review required. - DRC Historic review required. City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 2 of 9 Applicant: Robert Israel, Owner Agent: Mike Ingersoll, Matt Brobston, LA Group Mr. Ingersoll gave a brief overview of the proposed project. This property is substantially contiguous to a historic district which elevates this to a Type I action which requires a long EAF and Coordinated SEQRA review. Reconstruction is anticipated for the Spring. A visual presentation was provided to the Board. Mr. Ingersoll stated the main structure has a right to be built in its original footprint. We are unable to recoup the original 15 units which were previously there. There is an opportunity to remake this into a unique urban setting as it is built out under new zoning regulations. A zoning map was provided to the Board indicating the placement of the property and current zoning which exists in this area. There are parking regulations required in the UR-3 District. Mr. Ingersoll reviewed the plan to meet these regulations. Two parking spaces are required per unit in the district. By reducing the number of parking spaces it would alleviate the need for setback relief to the surface parking spaces and increase the site permeability. There is on-street parking as well as a public parking facility on Woodlawn Avenue. The areas of request are to have two principal structures on one parcel. The second request has to do with the principal building coverage of two buildings combined. The third request is the percent of site to remain permeable. The fourth request is minimum rear yard setback to two family. The fifth request is minimum rear yard setback to parking. The sixth area of relief requested is minimum side yard setback to parking. This neighborhood is characterized by the existing multi-family residential building. Two-family residences are permitted in the district. Access to the lot would be maintained via the established easement from Van Dam. Bill Moore, Chairman stated he would like to make a motion to defer Lead Agency Status for SEQRA to the Planning Board. Adam McNeill, Secretary seconded the motion. Ayes all, nayes none. MOTION PASSES: 5-0. Bill Moore, Chairman asked if there were any further questions or comment from the Board. Keith Kaplan, Vice Chairman stated he would like additional information and more specifics regarding Long Alley and parking and modifications needed. Also, storm water management concerns and permeability issues with the neighbors. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:45 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Samantha Bosshart, Saratoga Springs Preservation Foundation is encouraged by the plans being developed. The row houses are significant. We are pleased with the direction the project is taking. Al Torqhammer, 158 Woodlawn Avenue. I would like to commend Bob Israel for doing this project. Bill Moore, Chairman stated he will leave the public hearing open. 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 City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 3 of 9  area variance from the minimum parking requirement in the Rural Residential District. This application was heard at the December 9, 2013 meeting adjourned to January 13, 2014. The Board requested an advisory opinion from the Planning Board and sought Lead Agency status for the environmental review of the project. It is anticipated that the Planning Board will consider both actions on January 8, 2014. The public hearing is open and remains open. SEQRA: - Action appears to be an Unlisted Action. - Part 1 of the long form was submitted. - On December 9, 2013 the Board initiated Coordinated Review with the Planning Board and sought Lead Agency Status. - The Board will need to review Part 1 and make any revisions. - E3.f. identifies that the project site is in or adjacent to an area designated as sensitive for archeological sites. - Applicant should provide a Phase 1 report from SHPO. 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. USE VARIANCE CONSIDERATIONS: The use "equine (only) medical and surgical center" was approved in 1999 for construction of a new 3,248 sq. ft. building. This request is to expand the varied use by approximately 9,000 sq. ft. Barns and stables are permitted accessory structures in the RR district. Animal clinics are specifically permitted in TRB, HGB and T-6 districts. The application states, "The requested modifications are necessary in order to update the existing facility and to provide advanced diagnostic imaging as well as specialized medical and surgical care for horses in Saratoga Springs and the surrounding 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 such as 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. AREA VARIANCE CONSIDERATIONS: REQUIRED PREVIOUSLY EXISTING PROPOSED TOTAL RELIEF APPROVED (1999) REQUESTED Minimum off street 51 23 spaces (variance for 5 spaces 19 spaces 54 spaces parking spaces additional 38 required spaces) (74%) 73 total NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: Saratoga County Planning Board referral required. City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 4 of 9 Saratoga County Planning Board referral stated no significant county wide or intra community impact with comments dated December 11, 2013. City Planning Board site plan review is required. Applicant: Rood & Riddle – Brett Woodie, MD Attorney: John Carusone Agent: Mike Ingersoll, Matt Brobston, LA Group Mr. Ingersoll stated the applicant Rood and Riddle has requested modifications necessary to update the existing facility and to provide advanced diagnostic imagining as well as specialized medical and surgical care for horses in Saratoga Springs and the surrounding areas. The proposed modifications would not have an adverse effect on the district nor would alter the essential character of the neighborhood. The applicant's use is consistent with some of the uses already permitted in the Rural Residential zone such as animal kennel; farms; riding stable; farm stand; barn and stables. A visual presentation of the proposed additions to the property was provided to the Board. A new barn and a garage housing several horse ambulances and vehicles was reviewed. This project will be built in two phases. The wetland area was reaffirmed. Septic system has been located and the location selected for the new septic system. Review of parking requirement and parking needs. SEQRA DETERMINATION: The Board reviewed and completed Part 2. No large or important areas of concern were noted. Keith Kaplan made a motion for a SEQRA Negative Declaration. Oksana Ludd seconded the motion. Ayes all, nayes none. MOTION PASSES: 5-0. 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 8:21 P.M. Oksana Ludd presented the following resolution. IN THE MATTER OF THE APPEAL OF Rood & Riddle Real Estate, LLC 2150 Georgetown Road Lexington, Kentucky 40511 Appeal #2737 from the Building Inspector Denial for the premises at 63 Henning Road, Saratoga Springs, New York, identified as Tax Parcel No.: 166.-3-23 in the outside district of the City. City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 5 of 9  The Applicant has applied for modification to a previously granted use variance to expand an existing equine medical care facility and an area variance for relief from the current City Zoning Ordinance for minimum parking requirements in a Rural Residential Zone, and public notice having been duly given of a hearing on said application on December 9, 2013 and January 13, 2014. The Board notes that the Saratoga County Planning Board issued a decision on December 11, 2013 upon review of the SCPB Referral Review #13-200 Use Variance (Extension or modification of existing use variance) - Rood & Riddle Real Estate that the proposed addition of 20 horse stalls and 9,000 square feet of animal clinic space had no significant County wide or inter community impact. I. Use Variance. Applicant’s predecessor in title, Hunter Hollow Holdings, LLC (H.G. Barnes, DMV) received a use variance on March 24, 1999 to permit use of the property for an equine (only) medical and surgical facility, to construct a new 3,248 square foot surgical facility, convert the existing stables to recover and well care stalls and construct a 240 square foot shed in the south paddock, among other items not applicable to this application. As a result of the prior variance and previously constructed facilities, there are currently facilities totaling approximately 13,530 square feet used for equine medical and surgical purposes. The Applicant proposes to expand the facilities to provide for an approximately 9,000 square foot addition for an operating room and a twenty (20) stall barn. Due to the need in Saratoga Springs for state of the art equine medical and surgical facilities, the Applicant has demonstrated that the ability to provide advanced diagnostic and imaging techniques and specialized medical and surgical care require increased space to accommodate advanced medical equipment. There is currently one operating room in the hospital. The addition will allow for two operating rooms to address clean orthopedic and soft tissue injuries. The additional space will also allow Applicant to provide radiology and imaging services, which currently do not exist and are necessary for advanced diagnostics. The use of the property as currently permitted under the March 1999 variance as an equine medical and surgical center will not change. While animal clinics are not permitted in the RR district similar uses are permitted such as animal kennel in addition barns and stables are permitted accessory structures in the district. It has been held by the courts in New York 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 the use variance. An applicant for a modification generally needs to prove that the modification as requested will not adversely impact the neighborhood. Courts in New York have specifically held that a mere increase in the volume of use does not trigger compliance with use variance requirements. See, Red House Farm Inc. v. Zoning Board of Appeals of East Greenbush, 234 AD 2d 770. The Applicant has presented information to confirm that the proposed addition which will increase the square footage of the equine hospital facility permitted under the previously granted use variance will not have an adverse impact on the neighborhood. The addition is proposed to be constructed at the rear of the current hospital and will not substantially change the view of the facility from adjoining roads. The Applicant has confirmed that the current wooded areas along Henning Road and Union Avenue will not be disturbed. The trees or natural vegetation that currently screen the facility from the adjoining streets will remain in place. For the foregoing reasons, the Applicant’s request for a modification of the March 24, 1999 variance to permit the construction of a surgery addition and a future 20 stall barn in accordance with the submitted site plan prepared by Jeffrey T. Pearson Architect, PLLC identified as Schematic DWGS and dated October 21, 2013 is hereby granted. II. Area Variance. City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 6 of 9  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 Minimum off street parking spaces 73 total 5 19 54 spaces (74%) 1. The Applicant has demonstrated that this benefit cannot be achieved by other means feasible. The Applicant has demonstrated that to provide the total required parking the Applicant would need to pave a substantial portion of the property, which would have an adverse impact on storm water management and the septic system. Additionally, a substantial portion of this property cannot be used for development due to an existing wetlands conservation easement area as well as wetlands areas. The construction of additional parking, in excess of that requested, would require the removal of existing paddocks which are necessary for the medical services provided at the property. There is no adjoining property available for purchase. 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 shown that granting the variance and eliminating the need for 54 parking spaces will be beneficial to the character of the neighborhood because the screening currently existing at the property will be preserved. The applicant provided (by email January 7, 2014) a parking demand for the proposed expansion identifying the need for only 19 parking spaces. Based on the foregoing, the Board finds that there is no risk of an adverse impact to the neighborhood because there is no risk that there will be a need to utilize on- street parking to satisfy parking needs at this property. 3. The relief requested may be considered substantial. However, as noted above, the demand for parking is significantly less than district requirements and therefore the Board finds the substantiality has no adverse impact. 4. The Applicant has demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood. In fact, the grant of this variance will minimize the adverse physical and environmental effect that could result from construction of the required 91 parking spaces. In addition, the Planning Board issued a favorable advisory opinion with regard to the request to reduce the required on-site parking requirement on January 8, 2014. The Planning Board will consider access to the site and configuration of the proposed parking areas at site plan review. 5. The alleged difficulty may be considered self-created in that the Applicant desires to expand the equine hospital; however, this is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: Planning Board site plan review required Neighbor Input: None Adam McNeill seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Keith Kaplan, Vice Chairman stated he has concerns regarding one vote on two separate variances. Discussion ensued regarding the wording in the motion. VOTE: City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 7 of 9 Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman in favor; Adam McNeill, Secretary, in favor; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 5-0 3. #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. This application was heard at the December 9, 2103 meeting and adjourned to the December 16, 2013 meeting. The public hearing was opened and remains open. SEQRA: Action appears to be a Type II action, and therefore, exempt from further SEQRA review. Applicant: Robert S. Wheeler, Jr. Bill Moore, Chairman stated information regarding permeability was provided to the Board. Mr. Wheeler stated he appreciated the Board reviewing the area variance request. A privacy fence 6 ft tall would be the only solution. Other options are just not viable. Bill Moore, Chairman stated he is not comfortable with this application. I am not comfortable with the drawings submitted and not being to scale. Keith Kaplan, Vice Chairman stated the Board has a reduced staff this evening. It is the applicant's option to choose to adjourn for increased Board representation. The applicant stated he will redo the drawings to scale. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Bill Moore, Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Bill Moore, Chairman stated the Board will reconvene in two weeks on January 27, 2014. Keep in mind your neighborhood association only allows for a maximum of 5 foot fencing. 4. #2740 LEHMANN POOL HOUSE, 52 Jenna Jo Avenue, area variance to finish the interior of an existing pool house, seeking relief to permit finished space in a residential accessory structure in the Suburban Residential-1 District. The application was heard at the December 15, 2013 meeting and adjourned to January 13, 2014. The public hearing was opened and remains open. The Board requested an approval or response from the Oak Ridge HOA regarding the pool house. See mail received January 6, 2014 from Jill Richardson, President Oak Ridge HOA. In addition a letter from the applicants dated January 3, 2014 was submitted. SEQRA: City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 8 of 9 Action appears to be a Type ii action and therefore exempt from further SEQRA review. Applicant: Wolf Lehman, Monika Fischer-Lehmann Bill Moore, Chairman stated we are in receipt of additional information from the applicant as well as correspondence from the Homeowners Association. One of the quandaries we have is there was a permit for the pool house with a bathroom. The HOA does not approve what the applicants are doing. Discussion ensued regarding the decision of the homeowners association, habitable space, character of the neighborhood, no kitchen facilities or no overnight stays. Recommendation was made that the applicant wait for an additional Board members representation. The Board will reconvene in two weeks and a resolution will be prepared and presented at that time. APPROVAL OF MINUTES: Keith Kaplan, Vice Chairman made a motion that the November 25, 2013 minutes of the Zoning Board of Appeals be approved . Adam McNeill, Secretary seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman in favor; Adam McNeill, Secretary, in favor; Skip Carlson, in favor; Oksana Ludd, in favor MOTION PASSES: 5-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 9:15 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 1/27/14 City of Saratoga Springs Zoning Board Minutes – Monday, January 13, 2014 - Page 9 of 9