Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, MAY 12, 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; Skip Carlson; Oksana Ludd; James Helicke ABSENT: Bill Moore, Chairman STAFF: Susan Barden, Senior Planner, 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: #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 19, 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 19, 2014. #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 19, 2014. NEW BUSINESS: 1. #2763 DOHERTY ADDITION, 195 West Circular Street, area variance modification for construction of a two-car, two story, attached garage to an existing single-family residence; seeking relief from the minimum side yard and maximum principal building coverage requirements 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: north side 8 feet 3.25 feet 4.9 feet (56%) Maximum principal building coverage 30% 31.25% 1.25% (4%) Applicant: Jeff & Amy Doherty Agent: Michael Perri The applicants are proposing a two car attached garage retaining the curb cut off of Birch Street. The existing one car garage is to be demolished. The proposed garage expansion would put the garage 3.25' from the north property line. The existing house to the north is 1.3' from the same property line which leaves less than 5' between the two houses. The application indicates that this is the only location for a garage to be built to maintain the Birch Street driveway. Only one neighbor would be affected and that neighbor supports the project. Access to the lot off of Birch Street would remain the same. Permeability is at 30 to 40% even with the pool. Discussion ensued among the Board regarding the size of the relief. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:22 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. NEIGHBORHOOD INPUT Letter submitted by Sylvia Aronson, 5 Birch Street, dated April 23, 2014. 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 May 19, 2014. 2. #2764 WEISBERG PORCH, 126 Lincoln Avenue, area variance for construction of a new front porch 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 4.5 feet 3.5 feet (44%) north side Maximum number of principal buildings on 1 2 1 (100%) one lot Applicant: Kyle Weisberg, Owner City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 2 of 10 The applicant is proposing a new front porch to an existing single family. The existing house is preexisting nonconforming with the side yard setback. The proposed porch does not encroach as much as the existing main house overhangs. Due to the location of the building on the lot and the location of the windows on the first floor front façade a full front porch must be located as designed. Other adjacent and nearby houses have full open front porches. The proposed porch would be in conformance with the front yard setback requirement. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:29 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Sherry Gray, 38 Union Avenue, former owner stated there is no place to put anything on each side. Keith Kaplan, Vice Chairman stated the public hearing will remain open. A resolution will be prepared and presented next Zoning Board of Appeals Meeting on May 19, 2014. 3. #2765 WALDORF SCHOOL OF SARATOGA SPRINGS, 62 York Avenue, area variance for conversion of an existing accessory structure to education use; seeking relief from the minimum front yard setback (Middle Ave.), for a principal building and to permit more than one principal building on a lot in the Urban Residential-3 District. RECUSAL: Board member Gary Hasbrouck recused himself from this application. SEQRA: This action appears to be an Unlisted action. Applicant completed and submitted Part I of the EAF. PARCEL HISTORY: Site Plan review approval September, 1987. Special Use Permit for a private school issued July, 1987. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Middle Avenue 8 feet 3.5 feet 4.5 feet (56%) Maximum number of principal buildings on one lot 1 2 1 (100%) Agent: Chris Goodness, Parent, Board Member; Jonathan Litts, Facilities Manager Mr. Litts stated a pole barn is located in the rear of the property which has crude storage constructed beneath it. We are looking to renovate that and treat that as more usable school space. We will not expand beyond the current roofline. Renovate what is there. This structure came with the building when it was purchased in 1986. The footprint will remain the same. Mr. Litts stated this building houses 160+ students grades 1 – 6 and it is bursting at the seams. This pole barn structure will become a woodworking shop. We are looking to have a dedicated shop environment for this class to set up a curriculum. The school is proposing to utilize a structure that already exists on the property as opposed to building City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 3 of 10 another structure or expanding existing structures. The renovated structure will maintain its current size and be more aesthetically pleasing. The increased activity will be approximately 4.5 hours per week and it will not produce an undesirable change to the neighborhood. There will be no power tools involved only hand tools. The interior renovations would not add any additional impermeable surface area to the site. No additional utilities are proposed. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing on 7:45 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. NEIGHBORHOOD COMMENT: Email from John Kirkpatrick, 13 Warren Street, dated May 8, 2014. Susan Barden, Senior Planner, will provide the applicant with a new EAF Part I form to be completed and submitted for the meeting next week. 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 May 19, 2014. SEQRA review and determination will be completed at that time. Gary Hasbrouck resumed his position on the Board. 4. #2766 WALDORF SCHOOL OF SARATOGA SPRINGS, 212 Lake Avenue, area variance for elimination of existing parking area (3 parking spaces) to expand play area; seeking relief from the minimum parking requirement for an educational facility in the Urban Residential-3 District. SEQRA: Action appears to be an Unlisted. Part I of the short EAF was submitted by the applicant. PARCEL HISTORY: Site plan review approval June 2000. Special Use Permit for a private school issued May 2000. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum parking requirement Educational facilities 3 spaces 3 spaces 0 spaces 3 spaces (100)% Agent: Chris Goodness, Parent, Board Member; Jonathan Litts, Facilities Manager Mr. Litts stated this site is that of the early childhood center pre-school through kindergarten. It has a three space parking lot which has not been used in a long time. It would be far more valuable as an expanded play area. The parking area abuts the play area and we would like to excavate the existing pavement, move the fence and create a larger play area for the children. We would like to update the entire buffer zone around both adjoining properties. Upgrading both the fencing and netting along abutting neighbors properties. City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 4 of 10 Discussion ensued regarding additional parking on the street instead versus on the site may be an undesirable change to the residential neighborhood. Also, discussion continued regarding removal of a handicapped parking space. Also the height of fencing with netting on top, could exceed height restrictions. James Helicke stated he would like to see some other alternatives provided by the applicant. Susan Barden, Senior Planner, stated the applicant will need to provide a new EAF Part I. It was the consensus of the Board to request an Advisory Opinion from the Planning Board regarding the driveway, and materials to use on both the play area and parking area. Adam McNeill, Secretary made a motion for an Advisory Opinion from the Planning Board regarding the site plan review of the parking lot, and driveway as well as public safety comments. James Helicke seconded the motion. VOTE: 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: 6-0 PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 8:23 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Laurie Mahar, 5 Granger Avenue, right next door to the proposed expansion and current play area. My only request is for additional buffering. I am in favor of the project. Keith Brown, 5 Granger Avenue. It is a great project to turn the existing parking lot into a larger play area. We would like to see additional fencing and netting. Keith Kaplan, Vice Chairman stated the public hearing will remain open. The applicants have some information to provide and we will await our Advisory Opinion from the Planning Board. Reappearance before the ZBA possibly on June 9, 2014. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL County Planning Board referral required. City Planning Board site plan review required. 5. #2767 TURNER ADDITION, 32 Horseshoe Drive, area variance for construction of a garage expansion and new deck to an existing single-family residence; seeking relief from the minimum rear yard setback requirement in the Village at Saratoga PUD. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 5 of 10 AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum rear yard setback: 40 feet 29.4 feet 10.6 feet (26.5%) Applicant: Paula Turner, Owner Ms. Turner is requesting a variance for construction of a garage expansion and new deck. The applicant would like to turn the single garage into a two car garage stacking the vehicles. The lots are close together so the width of the garage cannot be expanded. It is infeasible to construct a detached garage. No undesirable change would result because the proposed expansion will be barely visible from the front. The proposed expansion is consistent with the existing design of the home. Granting the variance will help to alleviate parking problems that have become increasing troublesome especially during the winter months. Letter received May 12, 2014 from Cory LaPoint, CYC Realty Management stating approval of this project by the HOA. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 8:35 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience would like to speak regarding this application. None heard. Keith Kaplan, Vice Chairman, closed the public hearing at 8:36 P.M. James Helicke presented the following resolution. Appeal #2767 IN THE MATTER OF THE APPEAL OF PAULA P. TURNER 32 HORSESHOE DRIVE SARATOGA SPRINGS, NEW YORK 12866 From the determination of the Building Inspector involving the premises at 32 Horseshoe Drive in the City of Saratoga Springs, New York, being tax parcel number 178.44-4-33 in the Inside Tax District, on the Assessment Map of said City. The appellant having applied for an area variance for construction of an addition to an existing garage and construction of a new deck, seeking relief from the rear yard setback requirement in the Village at Saratoga Planned Unit Development District and public notice having been duly given of a hearing on said application on May 12, 2014. In consideration of the balance between the benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following variance for the following amount of relief: Required: Existing: Proposed: Total relief requested: Minimum Rear Yard Setback: (Crescent Street) 40 feet 34 feet 29.4 feet 10.6 feet (26.5 %) As per the submitted plans or lesser dimensions, BE APPROVED for the following reasons: City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 6 of 10 1.) The applicant has demonstrated that this benefit cannot be achieved by other means feasible. The applicant has stated that lots in this planned unit development district “are close together, so the width of the garage cannot be expanded and the rear of the lot abuts Crescent Street making it infeasible to construct a detached garage.” 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 the appearance of “the proposed expansion will be barely visible from the front. The proposed expansion is consistent with the existing design of the home and will not present an unfavorable view from the side or rear. In fact, a number of homes in the development have tandem garages such as the one proposed. The rear of the property abuts Crescent Street, a public road, and the proposed expansion will have no impact on neighbors directly behind the home.” 3.) The variance may be considered substantial; however, the proposed setback exceeds the existing setback by only 4.6 feet. The applicant has indicated that every effort was made to request the minimum variance needed to achieve the desired effect. The proposed additions would not encroach into the 20 foot no-cut buffer area along the rear of the property. 4.) The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The application further states that “if anything, granting the variance will help to alleviate parking problems that have become increasingly troublesome to residents of the development.” 5.) The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. Conditions: The Village at Saratoga HOA issued an approval May 12, 2014. Gary Hasbrouck seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: 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: 6-0 6. #2768 KAY-GRAHAM MULTI-FAMILY, 108 Washington Street, area variance for a three-family residence; seeking relief from the minimum lot size and minimum parking requirement in the Urban-Residential-4 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 7 of 10 AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum lot size: three dwelling units 9,000 sq. ft. 5,931 sq. ft. 5,931 sq. ft. 3,069 sq. ft. (34%) 3 additional spaces (4) Minimum parking requirement: spaces 3 additional spaces three units 1.5 per dwelling unit in UR-4 total 0 0 (4 spaces total 100%) Agent: Brett Balzer, Dennis McGowan, Balzer Tuck Architects Mr. Balzer stated we are here seeking two variances this evening. The property was purchased under the guise of it being a three family home. The property is being taxed as a three family home. In doing our due diligence it was determined to be a lawful two-family residence; the lot is pre-existing nonconforming for a two-family. The clients were looking to rent out this as a three family unit. Parking is an issue. Although granting a parking waiver will require residents to park on the street we would consider these vehicles having minimal impact on the current parking configuration. Mr. Balzer stated he would consider this area more of a commercial area versus a residential neighborhood. Additional property is not available for purchase. Discussion ensued regarding parking relief and the lack thereof. The Board also questioned the possibility of providing parking on another site would be possible. Information was requested from the applicant's agent regarding the number of two and three families in the neighborhood and the possibility of an alternate parking arrangement. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: County Planning Board referral required. City Planning Board site plan review required. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 9:10 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Mark Michalic, 13 Walworth Street. Property is directly across the street from his home. He stated this has never been a 3 family residence. Never have had three families living there. There was a small apartment on the Walworth side. Stephan Parisi. Parking is an issue. Concerns regarding additional congestion. Keith Kaplan, Vice Chairman stated we will leave the public hearing open. Discussion ensued regarding requesting an Advisory Opinion from the Planning Board. Adam McNeill, Secretary made a motion to request an Advisory Opinion from the Planning Board regarding parking. Keith Kaplan, Vice Chairman seconded the motion. City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 8 of 10 VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, opposed; Skip Carlson, opposed; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 4-2 Keith Kaplan, Vice Chairman stated the public hearing will remain open. We will await the Advisory Opinion from the Planning Board and this application will be on our agenda for the June 9, 2014 meeting. OLD BUSINESS: 7. #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. This application was heard at the April 21, 2014, meeting, the public hearing was opened and remains open. Additional information was provided to the Board. SEQRA: Action is a Type II action and exempt from further review. Agent: Terry Mizner, Saxton Signs Applicant: Keith Leonard, Owner; Jessica Lauper, Operations Manager Mr. Mizner stated the applicant appeared before the Board looking to obtain an area variance for signage. Information regarding the plot plan was received regarding the subdivision of the store. Two stores require two signs. If the signage was any smaller, it would not fit in with the size of other tenant's signs. The sign is internally illuminated individual letters. New store frontage calculation was provided. Discussion ensued regarding the size of the signage and what is permitted in this space. Keith Kaplan, Vice Chairman stated since new information was provided by the applicant he would prefer to have a new building inspector denial with the correct measurements. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing is open and will remain open. Keith Kaplan, Vice Chairman stated a resolution will be prepared for next week's meeting. APPROVAL OF MINUTES Gary Hasbrouck made a motion to accept the April 21, 2014 minutes of the Zoning Board of Appeals meeting as amended. Adam McNeill, Secretary, seconded the motion. City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 9 of 10 VOTE: 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: 6-0 Oksana Ludd made a motion to accept the April 29, 2014 minutes of the Zoning Board of Appeals meeting as amended. Adam McNeill, Secretary, seconded the motion. VOTE: 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: 6-0 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: 6/9/14 City of Saratoga Springs Zoning Board Minutes – Monday, May 12, 2014 - Page 10 of 10