Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, FEBRUARY 10, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:00 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill Secretary; Gary Hasbrouck; George “Skip” Carlson; Oksana Ludd; James Helicke STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney, City of Saratoga Springs 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 24, 2014 meeting. NEW BUSINESS: 1. #2747 CONGREGATION & YESHIVA PARDES DORMITORY, 1 Veterans Way, area variance for expansion of the existing school including construction of an approximate 10,000 square foot residential building; seeking relief from the maximum principal building coverage in the UR-1 district. SEQRA: - This action appears to be an Unlisted Action. - Involved agencies include Planning Board for special use permit and site plan review. - DRC for architectural review. - Applicant submitted a long form. PARCEL HISTORY: Architectural Review approval received on February 12, 2002. Site Plan Review approval received on November 28, 2001. Special Use Permit for a private school granted December 6, 2000. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage 20% 21.7% 1.7% (8.5%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: Saratoga County Planning Board referral required. City Planning Board special use permit and site plan review required. DRC Architectural review required. Agent: Mike Toohey, Attorney; Matt Brobston, LA Group Mr. Toohey provided the Board with a visual presentation outlining the area where the new dormitory will be located as well as the building connector proposed uniting the two buildings. The private school is looking to expand it's permitted use. A new building for staff and senior students is proposed. The school has grown and they are proposing a new dormitory modeled after the one which currently exists. The school is not in session all year around, it is used in the summer months. There will be no traffic impacts, students are bused in from New York City. No noise or light spillage. Mr. Toohey reviewed the criterian for an area variance. The applicant is proposing a variance for 1.7% or 3,186 square feet, of which 1.663 square feet will be an open building connector. The applicant purchased a portion of the right of way along Loughberry Road to gain the additional lot area and reduce the relief requested. The existing special use permit will need to be modified to permit the residential building. That use is not being expanded with regard to the number of permitted students, staff or traffic. Much of the existing vegetative buffer along Excelsior Avenue has been removed which will make the proposed improvements much more visible. The proposed building will be consistent with the existing structures on the site and no taller than the building across the street. The site will remain 60% permeable which exceeds the minimum 30% in the district. Storm drainage will be handled on site. Services both water and sanitary sewer will be obtained from the City. Neighbors were notified per the City's ordinance. Discussion ensued regarding the placement of the new dormitory on the site. It was the consensus of the Board to request an Advisory Opinion of the Planning Board. Bill Moore, Chairman made a motion to request an Advisory Opinion of the Planning Board specifically the placement of the new dormitory as well as the building connector. Adam McNeill, Secretary 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 7-0 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:02 P.M. City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 2 of 11 Bill Moore, Chairman asked if anyone in the audience would like to comment on this application. Matthew Meechak, 5 Loughberry Road. This application has significant impacts on the neighborhood. Noise and vibration. This is a dead end street and sometimes you cannot get to your driveway. The size of the school is too large, and it will be a significant change to the neighborhood. Against the expansion of the school. Denise Bloomer, stated the impact on the neighborhood is unbelievable. The police have been called numerous times. Students are out of control. Against the expansion of the school. Naomi VanDeVar, Ballston Spa. This will be an eyesore to the whole area. Ann Marie, neighbor stated she is in agreement with everything everyone else said. Students roam the area. It is not a very well lit area. Safety is a huge question. Bill Moore, Chairman stated the public hearing will remain open. We will await a response from the Planning Board. 2. #2746 TEAKWOOD BUILDERS, INC. RENOVATION, 79 Henry Street, area variance to construct parking area for the proposed renovation of an existing agriculture supply store for office and retail uses; seeking relief from the minimum parking aisle width requirement. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: Site Plan review approval received April 23, 2008 – approval not acted upon and expired. Architectural review approval for renovation to retail and professional office space March 19, 2008 approval not acted upon and expired. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum parking aisle width: 20 ft. 16 ft 4 ft (20%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: - Site Plan Review Required. - DRC Architectural Review is required. Applicants: Places in Saratoga LLC. Agents: Jason Dill, Lansing Engineering Firm; Brett Balzer, Justin Sabatini, Balzer Tuck Architecture. Mr. Dill reviewed the application for the Board. Mr. Balzer stated the building will be dismantled and rebuilt. A visual presentation was provided to the Board. Two stories are allowed in a T-6 District. There is no parking requirement in a T-6 district. A granting of a variance would lessen the on street parking needs, however, the proposed layout of the parking area would require cars to back out onto the street when exiting the site. Pavilion Row will have a "Blind Driveway" sign notifying drivers traveling southbound of City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 3 of 11 vehicles backing out of the property. This is low volume movement for this site due to the small number of parking spaces. A parallel parking scenario was considered, however it would still require a variance but lesser of one. The requirement would be 18 ft. resulting a 2' variance or 11%. The parallel parking scenario would eliminate one parking space decreasing from 6 to 5. Discussion ensued among the Board with regard to the parking scenarios proposed, and the requirement of the cars to back out onto the street when exiting the site. The Boards consensus was that this is an unsafe scenario. The Board discussed having Public Safety involved in reviewing this application and also if Pavilion Row should have a one way or two way designation. The Board also decided to request an Advisory Opinion from the Planning Board. Adam McNeill, Secretary made a motion for an Advisory Opinion of the Planning Board regarding this application. 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 7-0 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:29 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. The applicant will return before the Board following the Advisory Opinion requested from the Planning Board. 3. #2745 PAVILION GRAND SIGNS, 30 Lake Avenue, area variance for wall signs; seeking relief to permit placement of a wall sign above the first floor level and to exceed the maximum size for street address identification in the Transect-6 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: - DRC Architectural Review approval to construct a new 4-story mixed-use building, received on March 19, 2008. - Site Plan review approval January 23, 2008. AREA VARIANCE CONSIDERATIONS REQUIRED: PROPOSED: TOTAL RELIEF City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 4 of 11  REQUESTED Wall signs shall not extend above the first floor Below second floor Above first floor Placement above first level of the building level level floor level (100%) Maximum size of building number in Non-Residential district 4 sq. ft. 5.64 sq. ft. 1.64 sq. ft. (41%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: - DRC Architectural Review is required. Agent: Terry Mizner, Saxton Signs. Mr. Mizen stated the sign is conforming with regard to size and height of lettering. The applicant is requesting placement above the first floor level. This will be the only sign for the hotel. It is similar to the sign across the street at the Hampton. Other wall signs on the building will be tenant signs on the Lake Avenue elevation. There will be no other signage on the Pavilion elevation. The placement of the sign on the second floor will be aesthetically pleasing on the building. It will be lit by gooseneck fixtures mounted above the sign. Discussion ensued among the Board regarding the background and height of the signage. Questions arose regarding the visibility of the signage considering the lettering size. The Board requested additional information from the applicant regarding the size of the lettering. PUBLIC HEARING: Bill Moore, Chairman, opened the public hearing at 8:42 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 and the Board will await additional information requested. The Board recessed at 8:43 P.M. The Board reconvened at 8:49 P.M. 4. #2744 BATTAGLINO ADDITIONS, 90 Fifth Avenue, area variance for construction of residential additions (new front porch and master bedroom/bath addition) to an existing single-family residence; seeking relief from the minimum front yard 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. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback 30 feet 24.9 feet 20.3 feet 9.7 feet (32%) Maximum principal building coverage 20% 26% 34.4% 14.4% (72%) City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 5 of 11 RECUSAL: Keith Kaplan, Vice Chairman recused himself from this application. Applicant: John & Sharine Battaglino Agent: Bob Flansburg, Dreamscapes Unlimited Mr. Flansburg gave a brief overview of the project. The applicants are looking to rebuild the front porch making it somewhat larger requiring a variance. The right side of the home is proposed to be enlarged to accommodate a master bedroom and bath. Currently there is no first floor bedroom. Mr. Flansburg continued that the relief maybe considered substantial both areas are over 30% with lot coverage over 70% relief requested. The garage is attached and with that total lot coverage could be considered at 28% for principal and accessory buildings combined. The district allows for the minimum front yard setback to be the average of the two adjacent properties if those also do not meet the minimum 30 feet. Other design proposals were investigated. Discussion ensued among the Board. The Board requested additional information from the applicants requesting lot coverage as compared to others in the neighborhood. Also a permeability calculation was requested. The Board did discuss the possibility of conditioning no further accessory structures on the property. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:05 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Richard Sellers has a concern regarding the lot coverage for this project in his neighborhood. Joseph Brady 89 5th Avenue. Concern regarding setbacks. Great project. Michael Okby, 79 5th Avenue, Concerned regarding the character of the neighborhood. Bill Moore, Chairman stated the public hearing will remain open. If the applicant supply requested information a resolution will be prepared and presented in two weeks. Keith Kaplan, Vice Chairman resumed his position on the Board. OLD 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). This application was heard at the January 27, 2014 meeting and adjourned to February 10, 2014. The public hearing was opened and remains open. The board requested that the Building Inspector review his denial and verify accuracy as it pertains to the prior area variance granted. Applicant: Mike Adams, Pastor Grace Fellowship SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 6 of 11 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. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Does anyone in the audience wish to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 9:12 P.M. Oksana Ludd presented the following resolution. IN THE MATTER OF THE APPEAL OF Grace Fellowship Saratoga 165 High Rock Avenue Saratoga Springs, New York 12866 Appeal #2743 from the Building Inspector’s determination for the premises at 165 High Rock Avenue, Saratoga Springs, New York, identified as Tax Parcel No.: 166.37-1-28.2 in the inside district of the City. The Applicant has applied for an area variance for installation of a freestanding sign and seeking relief to permit a second freestanding sign where only one is permitted on any one parcel in the T-5 zoning district, and public notice having been duly given of a hearing on said application on January 27, 2014 and February 10, 2014. 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 therefore exempt from further SEQRA review per 6 NYCRR Part 617.5 (C)(7). 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, as described in the submitted application, BE APPROVED Type of Requirement Required Existing Proposed Total Relief Requested Maximum one freestanding sign One additional sign (100%) permitted on any parcel 1 1 2 The application is essentially one for the modification of previously imposed conditions. 1. The Applicant has demonstrated that this benefit cannot be achieved by other means feasible. The parcel consists of two detached buildings with separate parking lots. The existing sign is located approximately 600 +/- feet City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 7 of 11 from the parking lot used by Applicant. Adding a sign designating the Applicant’s occupancy of this property to the existing sign would be confusing to the public and therefore not feasible. 2. The Applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties. Due to the length of this property, the existence of two detached building and the distance from the existing sign to the proposed location of the second sign, an additional non- illuminated sign will not create a change to the neighborhood or a detriment to nearby properties. 3. The relief requested to permit installation of a second freestanding sign where only one is permitted on any one parcel is not substantial due to the length of the property, the existence of two detached buildings and that the two signs will be located approximately 600 feet apart. The sign will meet the requirements for such signs in the Inner Excelsior Avenue area. 4. The Applicant has demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood. Applicant has indicated that the sign will be non-illuminated and lighting will be direct to ensure that the illumination of the sign does not cause glare for residents living in the area. 5. The alleged difficulty may be considered self-created in that the Applicant desires to install an additional freestanding sign where only one is permitted on a parcel, however, this is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: DRC Architectural Review of the sign is required. Applicant agrees that the condition set forth in the March 28, 2000 Zoning Board of Appeals (“ZBA”) decision waiving the right for signage on Excelsior Avenue shall remain in effect. The March 28, 2000 ZBA decision to allow two wall signs, one on the east and south elevations of the building, included a condition that applicant waive the right to an exclusive freestanding sign. As a condition of the grant of this variance, one of the previously granted wall signs on the building is rescinded. Also, the Boards previous prohibition of a freestanding sign on the premises is rescinded. Adam McNeill seconded the motion. Bill Moore, Chairman asked if there was any further discussion. The Board discussed the number of signs, freestanding sign and placement thereof. It was the consensus of the Board to allow one wall sign and one free standing sign. VOTE: Bill Moore, Chairman, opposed Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, opposed; Adam McNeill, Secretary, opposed; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 4-3 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. This application was heard at the January 28, 2014 meeting and adjourned to February 10, 2014. The public hearing City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 8 of 11 was opened and remains open. The board requested the applicant submit examples of comparable building coverages in the neighborhood and a site plan permeability which was provided by the agent for the applicant. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Agent: Tonya Yasenchak, Engineering America DISCLOSURE: Bill Moore, Chairman disclosed that Tonya Yasenchak and he had a business relationship. She drew up plans for his new home. The business relationship has concluded. Bill Moore, Chairman stated he has no financial interest in this application and can render and impartial decision. 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 9:49 P.M. Skip Carlson presented the following resolution. IN THE MATTER OF THE APPEAL OF Moira Avanzino 25 Benton Drive Saratoga Springs, New York 12866 from the Building Inspector’s determination involving the premises at 25 Benton Drive, in the City of Saratoga Springs, New York, being Tax Parcel 166.14-2-39 in the Inside Tax District on the assessment map of said City. The appellant having applied for an AREA VARIANCE for construction of residential additions to an existing single-family residence; seeking relief from the minimum front yard setbacks on Benton Drive and Caroline Street and maximum building coverage requirements in the Urban Residential – 1 district and public notice having been duly given of a hearing on said application held on January 27 and February 10, 2014. 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 Total Relief Requested Minimum front 30 feet Approximately 19.5 16.9 feet 13.1 feet (43.6%) yard setback feet (Benton) Minimum front 30 feet 3.1 feet 6.3 feet 23.7 feet (79%) yard setback (Caroline) to garage Maximum 20% 27% 34.2% 14.2% (71%) City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 9 of 11 principal building coverage 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant indicates that the existing house was built in the 1950’s and is preexisting 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. 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The right of way widths for both Benton (60 feet) and Caroline (50 feet) are substantial and no sidewalks appear to exist along either street. With that, the proposed front porch and new garage addition may visually appear to be more setback than they are. The applicant also supplied a property map of the area showing a substantial amount of properties that have over 20% building coverage. 3) The relief requested is substantial. The application states, “The variances appear substantial; however, due to the pre-existing non-conforming nature of the site, the variances are minimal.” The lot is substandard at 9,648 where the minimum requirement in the district is 12,500 sq. ft. The maximum total building coverage would be 28% in the district (principal 20% and 8% accessory). The request is for 27% including existing and new attached garage addition. 4) The applicant has demonstrated this variance will not have a significant adverse physical or environmental effect on the neighborhood. The applicant submitted a permeability calculation showing 59.8% of the site would remain permeable, well above the district requirement of 30%. 5) The request for relief may be considered a self-created hardship. However self-creation is not necessarily fatal to the application. Conditions: No additional accessory buildings on the site Adam McNeill, Secretary 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 7-0 APPROVAL OF MINUTES: Keith Kaplan, Vice Chairman made a motion to accept the January 27, 2014 minutes of the Zoning Board of Appeals as submitted. Gary Hasbrouck seconded the motion. City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 10 of 11 VOTE: Bill Moore, Chairman, abstained; 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: 4-0-3 MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Vice Chairman adjourned the meeting at 10:00 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 2/24/14 City of Saratoga Springs Zoning Board Minutes – Monday, February 10, 2014 - Page 11 of 11