Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JANUARY 27, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Keith Kaplan, Vice Chairman called the meeting to order at 7:00 P. M. SALUTE TO THE FLAG PRESENT: Keith Kaplan, Vice Chairman; Adam McNeill Secretary; Gary Hasbrouck; George “Skip” Carlson; Oksana Ludd: James Helicke ABSENT: Bill Moore, Chairman STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney, City of Saratoga Springs WELCOME TO THE NEW BOARD MEMBER: Keith Kaplan, Vice Chairman welcomed and introduced James Helicke new board member to the Board and the public. 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 APPLICATIONS: 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. Adjourned to February 10, 2014 meeting. NEW BUSINESS: 1. GRACE FELLOWSHIP SARATOGA SIGN, 165 High Rock Avenue, area variance for installation of a freestanding sign and modification of a prior condition of approval, seeking relief to permit a second freestanding sign where only one is permitted on any one parcel in a commercial district (T-5). Applicant: Mike Adams, Pastor Grace Fellowship Agent: Lisa Tymchyn, Saxton Signs DISCLOSURE: Adam McNeill stated this application is approximately 100 feet from his place of business. He has no financial interest in this application so there is no need for recusal, merely a disclosure. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: DRC Architectural Review approval for two wall signs (east and south elevations) on January 15, 2014. Area Variance to erect wall signage on the east and south elevations of this establishment with conditions the applicant waives the right for signage on Excelsior Avenue and the applicant waives the right to an exclusive freestanding sign granted March 28, 2000. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL DRC Architectural Review is required. Maintain previous condition of approval the applicant waives the right for signage on Excelsior Avenue. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum one freestanding sign permitted on any parcel 1 1 2 1 additional sign (100%) Ms. Tymchym, Saxton Signs stated the Church is moving to a new location at 165 High Rock Avenue. This location basically has two entrances. We are looking to place the signage where previous tenant's signage was located. It is the same type of signage which was at this location. Old signage will be removed, the area will be painted and new signage will be installed. Lighting will remain as in place currently. Oksana Ludd questioned the applicant if they were aware they were waiving the right for signage on Excelsior Avenue and waives the right to an exclusive freestanding sign which was granted on March 28, 2000. Discussion ensued among the Board regarding signage. The Board did suggest a directional arrow into the property. Minimal traffic expected during the week. Sundays worship takes place at 9AM and 11AM. Correspondence received by the Board dated January 27, 2014 from Scott and Sherry Mittleman, 168 High Rock Avenue in support of the signage. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:37 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Marie Dietch, 170 High Rock Avenue. The major concern is that it be aesthetically pleasing since this is a residential neighborhood. 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 February 10, 2014 and a decision will be rendered at that time. 2. AVANZINO RESIDENTIAL ADDITIONS, 25 Benton Drive, area variance for construction of residential additions (covered front porch, T.V. Room, master suite and garage additions) to an existing single-family residence; seeking relief from the minimum front yard setbacks (Benton and Caroline) and maximum principal building coverage requirements in the Urban Residential-1 District. City of Saratoga Springs Zoning Board Minutes – Monday, January 27, 2014 - Page 2 of 8 SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback 30 feet Approximately 16.9 feet 13 feet (43%) (Benton) 19.5 feet Minimum front yard setback 30 feet 18.6 feet 20.7 feet 9 feet (30%) (Caroline): to porch Minimum front yard setback 30 feet 3.1 feet 6.3 feet 24 feet (80%) (Caroline): to garage Maximum principal building 20% 27% 34.2% 14.2% (71%) coverage Agent: Tonya Yasenchak, Engineering America DISCLOSURE: Gary Hasbrouck disclosed that this property is located next door to his in laws. He has no financial interest in this application so there is no need for recusal, simply disclosure. Skip Carlson disclosed that he actually lived in this house many years ago. Ms. Yasenchak stated the applicant is looking to add a covered front porch, TV room, master suite and garage additions to the existing single family residence. Ms. Yasenchak reviewed the considerations for an area variance. Four areas or relief are requested all over 30%. The variances do appear substantial however due to the pre-existing non-conforming nature of the site, the variances are minimal. The is substandard at 9,648 square feet, where the minimum requirement in the district is 12,500 square feet. The property is a corner lot have two front yard setbacks. The minimum side yard setback in this district is 12 feet. The maximum total building coverage for principal and accessory coverage would be 28% in the district. The request is for 27% including existing and new attached garage addition. No accessory buildings exist on the property. The existing house is pre-existing nonconforming with regard to the setback requirements of the district. The proposed new garage addition would not encroach further into the setback than already exists. No undesirable change in the neighborhood character. The new front porch may be more architecturally pleasing. No accessory structures exist on the property. No adverse physical/environmental effect on the neighborhood. Keith Kaplan, Vice Chairman requested information from Ms. Yasenchak regarding houses in the neighborhood and square footages of these homes be provided to the Board. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 8:10 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Keith Kaplan, Vice Chairman stated he will leave the public hearing open until the next meeting. The meeting is scheduled for February 10, 2014 when a resolution will be prepared and presented at that time. OLD BUSINESS: City of Saratoga Springs Zoning Board Minutes – Monday, January 27, 2014 - Page 3 of 8 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, and January 13 meetings and adjourned to January 27, 2014. The public hearing was opened and remains open. The Board asked the applicant to submit a plan showing how the pool would be visually screened from the road. The Board asked the applicant to provide a plan to scale of the existing location of the pool and photos from the road showing a 5 foot high section of fence around the pool. This information was provided. SEQRA: Action appears to be a Type II action, and therefore, exempt from further SEQRA review. Applicant: Robert S. Wheeler, Jr. DISCLOSURE: New Board Member James Helicke disclosed that he did review the minutes from the previous meetings and other supplemental materials, as well including the web cast. He does feel comfortable with the issues and voting on this application. 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. CORRESPONDENCE RECEIVED BY THE BOARD: Frank Figliomeni, 9 Liz Ann Drive email dated December 5, 2013, and January 20, 2014. Andrew Hider, 7 Liz Ann Drive, email dated December 5, 2013. Andrew and Alison Hider, 7 Liz Ann Drive email dated January 20, 2014. Keith Kaplan, Vice Chairman closed the public hearing at 8:15 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Robert Wheeler Jr. and Seth McGuire 12 Liz Ann Drive Saratoga Springs, New York 12866 Appeal #2736 from the Building Inspector’s determination for the same premises, identified as Tax Parcel Section 167, Block 6, Lot 18, Outside 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 locating a pool in a front yard in an Rural Residential – 1 zoning district; and public notice having been duly given of a hearing on said application held on December 9 and 16, 2013 and January 13 and 27, 2014 City of Saratoga Springs Zoning Board Minutes – Monday, January 27, 2014 - Page 4 of 8 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 Location of Pool Side or rear yard Front yard Front yard Allow pool in front yard (100%) 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant already constructed the pool without a permit. The application states “The location of the front of our house faces the back of our property where our septic system is installed. The back of our house and side of our house face the (Liz Ann Drive) road of our corner lot.” The applicant submitted plans showing the location of the septic system as being in the lawn in front of the front door of the house. The asphalt driveway wraps around this area and terminates at a small parking area on the side of the home where the 3 car garage is located. The applicant testified that another option considered was locating the pool to the right side of the driveway near the parking area which would eliminate the need for a variance. The applicant testified that due to steep topography, the amount of dirt that would have had to be removed, and the distance needed to run utilities, he deemed that location unfeasible. 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, “If granted approval, we will provide 115 feet landscape berm or privacy fence that faces the west side of road at the top of our hilled property.” The Board finds that adequate screening in the form of a fence shall be required to mitigate the current view from the road. 3) The relief requested is substantial. The application states “….this request is based on unique location and design of house on this property.” According to plans submitted by the applicant, the house is situated such that any construction of a pool in the traditional rear yard of the house would be considered front yard according to city regulations due to the curve of Liz Ann Drive around the property. 4) The applicant has demonstrated this variance will not have a significant adverse physical or environmental effect on the neighborhood. The application states “The pool will be built on a stone retaining wall which will be 28’ diameter circle with a 21’metric radiant pool that will match the outside décor of the existing house.” The impermeable surface calculation, as provided by the applicant, is within the 20% allowed in the district. The privacy fence referenced below in the condition for the variance mitigates the degree of environmental effect on the neighborhood. 5) The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Conditions: The applicant shall provide solid privacy fencing, a minimum 5’ in height, facing Liz Ann Drive sufficient to screen the pool from view from the road. Oksana Ludd seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. Adam McNeil stated he does not feel the fencing provides screening and does in fact change the feel of the neighborhood. VOTE: City of Saratoga Springs Zoning Board Minutes – Monday, January 27, 2014 - Page 5 of 8  Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, opposed; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-1 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 16, 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. Mail received January 6, 2014 from Jill Richardson, President Oak Ridge HOA. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Wolf Lehman, Monika Fischer-Lehmann DISCLOSURE: New Board Member James Helicke disclosed that he did review the minutes from the previous meetings and other supplemental materials, as well including the web cast. He does feel comfortable with the issues and voting on this application. 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 8:35 P.M. Adam McNeill, Secretary presented the following resolution. IN THE MATTER OF THE APPEAL OF Wolf Uwe Lehmann 52 Jenna Jo Avenue Saratoga Springs, New York 12866 Appeal #2740 from the determination of the Building Inspector involving the premises at 52 Jenna Jo Avenue, in the City of Saratoga Springs, New York being tax parcel number 180.10-3-22 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 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 with public notice having been duly given of a hearing on said application held on December 16th, 2013 and January 13 and 27, 2014. City of Saratoga Springs Zoning Board Minutes – Monday, January 27, 2014 - Page 6 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, be APPROVED: Required Proposed Relief Requested Finished space in Unfinished space Finished space Finished space in an accessory an accessory structure (100%) structure 6) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant notes that there are no feasible alternatives on the site to support their pool activities and that the closest appropriate bathroom facilities to the pool are not accommodating as they are located on the second floor of the residence. 7) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The accessory structure meets the dimensional requirements of the district. Also, it should be noted that the accessory structure already exists. According to the applicant, “the pool house is for personal use and visually the character of the neighborhood will not be altered.” 8) The relief requested could be considered substantial (100%) by allowing finished space in an accessory structure. 9) The construction will not have a significant adverse physical or environmental effect on the neighborhood or district as the application identifies that the site would remain 76% permeable, which exceeds the minimum requirement of 40%. 10) The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Conditions: No kitchen facilities and no sleeping accommodations Gary Hasbrouck seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. The Board did discuss the conditions such as no kitchen facilities and no sleeping accommodations. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 6-0 APPROVAL OF MINUTES: Gary Hasbrouck made a motion to accept the December 9, 2013 minutes of the Zoning Board of Appeals as submitted. City of Saratoga Springs Zoning Board Minutes – Monday, January 27, 2014 - Page 7 of 8 Oksana Ludd seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, abstained; James Helicke, abstained MOTION PASSES: 4-0-2 Gary Hasbrouck made a motion to accept the December 16, 2013 minutes of the Zoning Board of Appeals as submitted. Oksana Ludd seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, abstained; James Helicke, abstained MOTION PASSES: 4-0-2 Skip Carlson made a motion to accept the January 13, 2014 minutes of the Zoning Board of Appeals and be approved as submitted. Oksana Ludd seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, abstained; Skip Carlson, in favor; James Helicke, abstained MOTION PASSES: 4-0-2 MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Vice Chairman adjourned the meeting at 8:39 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 2/10/14 City of Saratoga Springs Zoning Board Minutes – Monday, January 27, 2014 - Page 8 of 8