Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, APRIL 28, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:33 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; Skip Carlson; Oksana Ludd; James Helicke STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Anthony Izzo, Assistant City Attorney 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. COMMENTS FROM THE CHAIR: Bill Moore, Chairman stated it is the consensus of this Board to meet with the DRC in a Joint Meeting to discuss the Cellco-Verizon Wireless Application. Susan Barden, Senior Planner will set up this meeting and notify all board members. ANNOUNCEMENT OF ADJOURNED APPLICATIONS: #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. Adjourned to May 12, 2014. #2760 9N MEDICAL BUILDING, LLC, 373 Church Street, area variance to construct a 9,800 sq. ft. medical office building seeking relief from the minimum two story requirement in the Transect-4 District. Adjourned to May 12, 2014. #2758 EUROPEAN WAX SIGN, 177 Ballston Avenue, area variance for installation of a wall sign, seeking relief to permit more than one wall sign for a single tenant space and from the maximum area of a sign in a Highway General Business District. Adjourned to May 12, 2014. #2708 CELLCO/VERIZON WIRELESS TELECOMMUNICATIONS FACILITY, 2202 Route 50 South, use and area variance for a new telecommunications facility including a 110' high stealth tower; seeking relief for the use and from minimum setback to the tower in a Highway General Business District. Adjourned to May 12, 2014. NEW BUSINESS: 1. #2739 HENS ADDITION, 51 Walnut Street, area variance modification for a second-story addition and reconstruction of a rear portion of an existing single-family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-2 District. Applicant: Christopher Hens, Owner Mr. Hens stated this is a modification to a previously approved area variance issued on December 16, 2013. This permit allows the construction of an addition to an existing single family residence and to rebuild an existing one-story rear portion modifying a 5 foot setback to a 4 foot setback. In applying for the building permit we found the eaves on the first floor were shorter than the second floor eaves, necessitating a return to this Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:36 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Sheila Quinn, 86 Oak Street. Neighbor questioned when the project will be done. It has been under construction for sometime and it really is an eyesore. As far as the application goes there is no issue. Bill Moore, Chairman closed the public hearing at 7:38 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2739.1 IN THE MATTER OF THE APPEAL OF Christopher Hens 24 Walnut St Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 51 Walnut St, in the City of Saratoga Springs, New York being tax parcel number 165.73-2-19 in the Inside District, on the Assessment Map of said City. The appellant having applied for a modification to a previously approved area variance on December 16, 2013 under the Zoning Ordinance of said City to permit the construction of an addition to an existing single-family residence and rebuild an existing one-story rear portion in a UR-2 District and public notice having been duly given of a hearing on said application held on April 28, 2014. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variance for the following amount of relief: Type of Requirement Required Previously Proposed Total Relief Requested Approved Minimum Side Yard Setback: 8’ 5’ 4’ Additional 1’ or 4’ Total Relief Second-Story (50%) Minimum Side Yard Setback: Rear 8’ 9” (.75’) 7.25’ Portion (90%) As per the revised plans submitted April 18 or lesser dimensions, be approved: Whereas, the applicant provided a letter indicating that the eaves on the first floor of the existing residence are shorter than those on the second floor stating, “I have since spoken with the surveyor and realized that the current eaves are only 4’3” off the property line”. City of Saratoga Springs Zoning Board Minutes – Monday, April 28, 2014 - Page 2 of 8 Whereas, the existing rear portion of the residence is proposed to be demolished and rebuilt to its original dimensions 9” from the same property line. Therefore, the Board determines this request to be a minor modification of previous relief granted on December 16, 2013. 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 OLD BUSINESS: 2. #2759 ANW HOLDINGS, INC., 27 Jumel Place, area variance for construction of a seven detached single-family residences; seeking relief from the minimum front yard setback, maximum principal building coverage and maximum height for a residential fence in the Urban Residential-3 District. This application was last heard at the April 21, 2014 meeting. SEQRA: Negative SEQRA Declaration issued October 28, 2013. 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 7:43 P.M. Oksana Ludd presented the following resolution. Appeal #2759 IN THE MATTER OF THE APPEAL OF ANW Holdings, Inc. 564 Broadway Saratoga Springs, NY 12866 from the Building Inspector’s Denial of Application for Land Use and/or Building for the premises at 27 Jumel Place, Saratoga Springs, New York, identified as Tax Parcel No.: 166.13-1-50.2 in the inside district of the City. The Applicant has applied for modification to Appeal # 2714, a variance granted October 23, 2013, seeking modification of the relief from the maximum principal building coverage and the minimum front yard setback requirements for the two units fronting on Jumel Place, and for additional relief from maximum height of a residential fence, all as provided in the current City Zoning Ordinance applicable to the Urban Residential - 3 zoning district, and public notice having been duly given of a hearing on said application on April 21, 2014 and April 28, 2014. City of Saratoga Springs Zoning Board Minutes – Monday, April 28, 2014 - Page 3 of 8  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 such lesser amount, as described in the submitted application, BE APPROVED: Type of Requirement Required/ Previously Proposed Total Relief Requested Permitted Approved Maximum Building 30% 43.5% 46% 16% (53%) Coverage Minimum Front Yard Setback for the 2 10 feet 5 foot 1 feet 9 feet (90%) units fronting on Jumel Place Maximum Height residential fence 6 feet N/A 8 feet 2 feet (33%) 1. The Applicant has demonstrated that this benefit cannot be achieved by other means feasible. This Board has previously determined in Appeal #2714 that the Applicant has demonstrated that redeveloping this property from an unsightly cement structure used for commercial purposes into a seven unit residential condominium development is the best economically feasible use as shown on the proposed site plan for this property. The modifications to the maximum principal building coverage and the minimum front yard setback requested by Applicant, subject to the conditions provided below, do not change the Board’s prior determinations. The request to increase the maximum height of the residential fence is requested to ensure added privacy for the units and for adjacent neighbors. Providing this privacy cannot be achieved by other means due to the limited size of the property. 2. The Applicant has demonstrated that granting the modification to these variances will not create an undesirable change in neighborhood character or a detriment to nearby properties. In granting variance #2714, the Board concluded the granting the variances will improve the appearance of the property and will not create an undesirable change in neighborhood character or impact on nearby properties, but rather a desirable and valuable change. The modifications do not change this conclusion. Additionally, granting the variance for an increased height in the fence will enhance the character of the neighborhood. 3. The modifications to the relief requested may be considered substantial. However, due to the proximity of the proposed developed structures to the neighbors and to one another, the Board finds the benefit of privacy fencing to offset the adverse impact. 4. The Applicant has demonstrated that the modification of the variances will not have a significant adverse physical or environmental effect on the neighborhood. In the prior Appeal, the Applicant demonstrated and several neighbors testified in support, that this redevelopment will have a significant beneficial physical impact on the neighborhood. The modifications requested in this application do not alter the conclusions reached by this Board in Appeal #2714. Additionally, the request for an increase in the height of the fence does not have an adverse physical or environmental effect on the neighborhood. 5. The alleged difficulty may be considered self-created, however, this is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: The minimum front yard setback of 5 feet previously approved in Appeal #2714 is modified only to permit front stoops or stairways within the 5 foot setback to the 1 foot setback. No eight (8) foot fence shall be permitted to be constructed along Jumel Place or extending beyond the front foundation line along Jumel Place. City of Saratoga Springs Zoning Board Minutes – Monday, April 28, 2014 - Page 4 of 8 County Planning Board issued a decision of “No Significant County Impact” on April 17, 2014. Adam McNeill, Secretary seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Discussion ensued among the Board members regarding the motion. Board member James Helicke stated that the 8 foot height of the fence concerns him. 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, opposed MOTION PASSES: 6-1 3. #2761 RELLA-BIRNBY RESIDENCE, 63 Fifth Avenue, area variance for construction of an approximate 540 sq. ft. rear addition to the existing single-family residence, seeking relief from the minimum side yard setback and minimum total side yard setback requirements in the Urban Residential-1 District. This application was last heard at the April 21, 2014 meeting. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. 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 8:07 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2761 IN THE MATTER OF THE APPEAL OF Jim Birnby and Angela Rella 63 Fifth Ave Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 63 Fifth Ave, in the City of Saratoga Springs, New York being tax parcel number 166.13-2-37 in the Inside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the construction of an addition to an existing single-family residence in a UR-1 District and public notice having been duly given of a hearing on said application held on the 21st and 28th days of April 2014. City of Saratoga Springs Zoning Board Minutes – Monday, April 28, 2014 - Page 5 of 8 In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT EXISTING PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MINIMUM SIDE YARD SETBACK (EAST) 12’ 9.1’ 8.5’ 3.5’ OR 29.2% MINIMUM TOTAL SIDE YARD SETBACK 30’ 17.5’ 27’ 3’ OR 10% As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The applicants note that alternative designs were contemplated that could have reduced the needed variance including staying in the existing footprint or a smaller addition, however the proposed addition is the minimum size that will allow the required circulation of foot traffic within the house while maintaining exterior character of the existing residence. The Board notes that the lot width of this parcel, at 55’, is smaller than district requirements, making any addition difficult to conform with setback requirements. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The Board notes that the addition, placed as it is to the rear of the home and within the existing side yard setback encroachments of the existing house, minimizes impact to the neighborhood in terms of visual mass and scale. Furthermore, the applicants note that it is their intention to incorporate details characteristic to the existing house into the addition. 3. The east side yard setback variance is substantial; however, as noted above it is a continuation of a pre-existing nonconformity and the substantiality is mitigated by the reduced visual impact from the street. The Board notes the total side yard setback variance is not substantial. 4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district. The proposed amount of permeable surface noted by the applicants, 48%, will exceed the district requirement of 30%. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed addition, but this is not necessarily fatal to the application. James Helicke 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 5. #2762 IRUN LOCAL SIGN, 18 Congress Street, Suite 3, area variance for installation of a wall sign, seeking relief to permit installation of a wall sign on a building façade without street frontage in the Transect-6 District. This application was last seen on April 21, 2014. City of Saratoga Springs Zoning Board Minutes – Monday, April 28, 2014 - Page 6 of 8 SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. RECUSAL: Adam McNeill, Secretary recused himself from this application. Applicant: Anthony and Jamie Mastroianni, owners. 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 8:02 P.M. James Helicke presented the following resolution. IN THE MATTER OF THE APPEAL OF Anthony Mastroianni 18 Congress St., Suite 3 Saratoga Springs NY 12866 From the determination of the Building Inspector involving the premises at 18 Congress Street, Suite 3 in the City of Saratoga Springs, New York being tax parcel number 165.67-1-25 in the Inside Tax District, on the Assessment Map of said City. The appellant having applied for an area variance to affix a wall sign on the building’s east elevation and seeking relief to permit installation of a wall sign on a building façade without street frontage in the Transect-6 District and public notice having been duly given of a hearing on said application on April 21 and 28, 2014. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variance for the following amount of relief: Wall sign on an elevation without street frontage: Required: Proposed Total relief requested: Parking lot elevation (East side of the building) 0 1 1 (100%) As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has stated that alternative means will cause undue hardship to the applicant. The applicant further notes that the proposed signage will maintain uniformity with its existing permitted signage and best serve the marketing needs of the business. 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 that an adjacent business “has a wall sign over the entry way, and therefore this action will help to maintain uniformity”. City of Saratoga Springs Zoning Board Minutes – Monday, April 28, 2014 - Page 7 of 8  3. The variance may be considered substantial; however, the applicant notes “the unique manner of the building having its street frontage in the back of the store, and the entry way of the store facing the parking lot.” The proposed additional signage also faces toward higher density traffic on Congress Street and coming from nearby Broadway. 4. The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood and “the sign will complement existing signage for neighboring businesses”. 5. The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: Saratoga County Planning Board decision of No Significant County Impact on April 17, 2014 DRC Architectural Review required Keith Kaplan, Vice Chairman seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Discussion ensued among the Board members regarding the motion. 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 Approval of meeting minutes was deferred to the May 12, 2014 meeting. MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:12 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 5/12/14 City of Saratoga Springs Zoning Board Minutes – Monday, April 28, 2014 - Page 8 of 8