Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, MAY 19, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Keith Kaplan, Vice Chairman called the meeting to order at 7:05 P. M. SALUTE TO THE FLAG PRESENT: Keith Kaplan, Vice Chairman; Gary Hasbrouck; Skip Carlson; Oksana Ludd; James Helicke ABSENT: Bill Moore, Chairman; Adam McNeill, Secretary 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: #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 education facility in the Urban Residential-3 District. Adjourned to June 9, 2014. #2768 KAY-GRAHAM MULTI-FAMILY, 109 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. Adjourned to June 9, 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 June 9, 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 June 9, 2014. COMMENTS FROM THE CHAIR: Keith Kaplan, Vice Chairman informed the applicants on the agenda this evening that there were only five members present on the Board this evening. It is the applicants' discretion to proceed with their application, or to adjourn to the June 9, 2014 meeting. OLD 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. This application was heard at the May 12, 2014 meeting. The public hearing was opened and remains open. Additional information which was requested of the applicant has been provided. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. 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 7:07 P.M. Oksana Ludd presented the following resolution. Appeal #2763 Doherty Addition IN THE MATTER OF THE APPEAL OF Amy & Jeff Doherty 195 West Circular Street Saratoga Springs, New York 12866 from the Building Inspector’s denial for the premises at 195 West Circular Street, Saratoga Springs, New York, identified as Tax Parcel No.: 165.73-2-37 in the inside district of the City. The Applicants have applied for an area variance for construction of a two-story two–car garage to be attached to an existing single-family residence; seeking relief from the minimum side yard setback and maximum principal building coverage requirements in an Urban Residential-2 zoning district, and public notice having been duly given of a hearing on said application on May 12, 2014 and May 19, 2014. In consideration of the balance between the benefit to the Applicants with the detriment to the health, safety and welfare of the community, the Board makes the following resolution that the requested area variances for the following relief or lesser dimensions, as described in the submitted application and plans, BE APPROVED: Type of Requirement Required Proposed Total Relief Requested Minimum Side Yard Setback 8 feet 3.25 feet 4.75 feet (59%) City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 2 of 10 1. The Applicants have demonstrated that this benefit cannot be achieved by other means feasible. There is no additional land available for purchase. Applicants have indicated that the construction of the two-car garage replaces an existing car port and an attached shed which was located closer to the side yard lot line than the proposed location of the new two-car garage. Other configurations to construct a garage for two vehicles were explored and none were feasible. Additionally, the Applicants considered the option of a driveway off West Circular and due to traffic and other considerations this option was determined to be less desirable and potentially dangerous verses maintaining the driveway off of Birch Street. 2. The Applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties. As indicated above, the construction of the two-car garage replaces an existing car port and shed and will create additional side yard space from that existing prior to this renovation. As such, granting the variance will not have a negative impact on nearby properties. 3. The side yard setback relief requested may be considered substantial, but is mitigated by the fact that other options are less desirable and might result in the creation of safety issues. The maximum principal building coverage at an increase of 4% would not be considered substantial. 4. The Applicants have demonstrated that the variance will not have a significant adverse physical or environmental effect on the neighborhood. Because the existing car port is pre-existing, while the overall variance may appear to have a significant impact on the neighborhood, the improvement to the physical structure will enhance the appearance of the structure on this property. Additionally, with the addition of the two-car garage, the percentage of permeability will be 31.5%, which exceeds the minimum required 25% permeability. 5. The alleged difficulty may be considered self-created in that the Applicants desire to construct a two-car garage at this location on the property, this is not necessarily fatal to the application. Neighbor Input: Adjoining homeowner letter supporting new construction. Gary Hasbrouck seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. James Helicke is concerned about the proximity to the neighbors considering this is a substantial variance. He does recognize that the neighbor has supported this application. He believes there are other alternatives. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, opposed MOTION PASSES: 4-1 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. This application was heard at the May 12, 2014 meeting. The public hearing was opened and remains open. The additional information requested by the Board was provided. 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 19, 2014 - Page 3 of 10 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 7:19 P.M. Skip Carlson presented the following resolution. IN THE MATTER OF THE APPEAL OF Brad Weisberg 126 Lincoln Ave. Saratoga Springs NY 12866 #2764 from the determination of the Building Inspector involving the premises at 126 Lincoln Ave., in the City of Saratoga Springs, New York being tax parcel 166.77-2-2 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 for construction of a new porch to an existing single-family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-2 District and public notice having been duly given of a hearing on said application held on the 12th and 19th days of May 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 variances for the following amount of relief: MINIMUM SIDE YARD SETBACK: REQUIRED: PROPOSED: TOTAL RELIEF REQUESTED: NORTH SIDE 8 FEET 4.5 FEET 3.5 FEET (44%) As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible. The application indicates that due to the location of the building on the lot and the location of the windows on the first floor front façade, to build a full porch it must be located as designed. 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 “other adjacent and nearby houses have full open front porches”. The proposed porch would be in conformance with the front yard setback requirement and would not increase the existing nonconforming side yard setback that is caused, in part by the roof overhang. 3. The variance may be considered substantial at 44% relief requested, but the existing house is preexisting nonconforming with the side yard setback. 4. The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The applicant provided calculations showing total lot coverage of 19%, well below the district maximum of 30%. The applicant also provided a permeability calculation showing permeability of the site at 60.7%, well above the district minimum of 25%. 5. The request for relief from the minimum side yard setback may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 4 of 10 James Helicke seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 5-0 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: Gary Hasbrouck recused himself from this application. This application was heard at the May 12, 2014 meeting. The public hearing was opened and remains open. The additional information requested by the Board was provided. Short EAF to be reviewed. Keith Kaplan, Vice Chairman reviewed response to this application from the Saratoga County Planning Board. Received May 19, 2014 stating no significant countywide or intra community impact. Recommendation that the school receive letter of support from abutting neighbors and property owners for use of the abutting structure. Discussion ensued regarding notification of neighbors and the fact that the applicant has done its due diligence. SEQRA: New EAF short form Part I was submitted by the applicant. The Board reviewed Part II of the EAF. No large or important areas of concern were noted. Keith Kaplan, Vice Chairman made a motion for a SEQRA Negative Declaration. James Helicke seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 4-0 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. City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 5 of 10 None heard. Keith Kaplan, Vice Chairman closed the public hearing at 7:39 P.M. Keith Kaplan, Vice Chairman presented the following resolution. IN THE MATTER OF THE APPEAL OF Waldorf School of Saratoga Springs 62 York Ave Saratoga Springs NY 12866 #2765 from the determination of the Building Inspector involving the premises at 62 York Ave, in the City of Saratoga Springs, New York being tax parcel number 166.45-3-10 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 renovate and upgrade an existing accessory structure including a reclassification to primary structure status thereby resulting in two principal structures in a UR-3 district and public notice having been duly given of a hearing on said application held on the 12th and 19th days of May 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 variances for the following amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL EXISTING PROPOSED RELIEF REQUESTED REQUIREMENT FRONT YARD SETBACK: MIDDLE AVE 8’ 3.5’ 3.5’ 4.5’, OR 56.25% MAXIMUM # OF PRINCIPAL BUILDINGS 1 1 2 1 OR 100% As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. For the setback variance, there is no feasible alternative since the building is pre-existing; the building’s change in status proposal is what brings forth the need for dimensional relief. For the principal building variance, the applicant notes that the purpose for seeking this variance is to allow space for activities currently not feasible in the main building. Per the applicant, locating those activities in the main building is not feasible because of overcrowding of that building with approximately 160 students. As indicated by the applicant, the main building’s lack of capacity causes the need to engage in woodworking shop activities in a separate place. Since those activities are in the category of “educational activities,” engaging in them in a place other than the main building results in the need to designate such a place as a principal building. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant notes that the existing building has been in place for very long period of time without detriment to the neighborhood. The applicant further notes that no power tools or activities that require fire are planned for the academic activities under this proposed project. 3. The variances are substantial, however given the fact that the size and shape of the building is not proposed to change and the fact that the dimensional condition is already in place, the Board finds the setback variance request to be reasonable. 4. This variance will not have significant adverse physical or environmental effect on the neighborhood or district. As noted above, the building in question pre-exists so changing its designation is not expected to City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 6 of 10  cause a change in physical or environmental conditions. 5. The alleged difficulty is self-created as the applicant wishes to re-designate this portion of the building. However, this is not fatal to the application. Notes/Conditions: Saratoga County Planning Board issued a decision of “No Significant County Wide or Inter Community Impact” on May 15, 2014 and received May 19, 2014. Oksana Ludd seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 4-0 Gary Hasbrouck resumed his position on the Board. 4. #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. This application was heard at the April 21, 2014 meeting. The public hearing was opened and remains open. Additional information requested has been supplied. SEQRA: SEQRA Negative Declaration was issued by the Planning Board on May 13, 2014. Agent: Mike Ingersoll, LA Group 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 7:48 P.M. Skip Carlson presented the following resolution. IN THE MATTER OF THE APPEAL OF 9N Medical Building, LLC 373 Church Street Saratoga Springs, New York 12866 City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 7 of 10 from the Building Inspector’s determination for the premises at 373 Church Street, Saratoga Springs, NY 12866 identified as Tax Parcel Section 165.-1-38.21, in the Outside Tax District, on the assessment map of the City of Saratoga Springs, New York. The appellant having applied for an 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; and public notice having been duly given of a hearing on said application held on April 21, 2014 and May 19, 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 amount of relief: Required: Proposed: Total Relief Requested: Two-Story One-Story (28’) No Two-Story (100%) As per the submitted plans or lesser dimensions, be APPROVED for the following reasons: 1) The applicant stated that, “The applicant’s business (dialysis clinic) performs efficiently in a single story structure as patients, equipment, medication and staff require service on the same level.” Therefore, a second- story structure is not feasible at this location. 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant states, “The project is a continuation of previous medical building placed on subdivided lots…and the exterior of the new building would resemble existing buildings”. 3) The relief requested is substantial at 100%; however, the elevation drawings illustrate the look of a two-story and the height is 28 feet while the height of a comparable two-story building at 377 Church Street is 33 feet. 4) The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The owner of the property has indicated a shared parking agreement with Dr. Fletcher Starnes, the principal owner of both 381 and 377 Church Street that will disturb less land. The applicant has also indicated that all stormwater will be gathered on-site and transmitted to stormwater treatment facilities within the property. 5) The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. Notes: Saratoga County Planning Board letter dated April 22, 2014 reports, “No Significant County Wide or Inter Community Impact”. The City Planning Board issued a Negative SEQRA Declaration on May 14, 2014 City Planning Board Special Use Permit and Site Plan Review required – the dollhouse associated with the property must be located to the back east corner of the property as part of the site plan approval. DRC Architectural Review required Gary Hasbrouck seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 8 of 10 VOTE: Keith Kaplan, Vice Chairman, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 5-0 4. #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. This application was heard at the May 12, 2014 meeting. The public hearing was opened and remains open. Additional information was requested and provided. 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 7:57 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Gibralter Management 150 White Plains Road Tarrytown, New York from the Building Inspector’s determination for the premises at 177 Ballston Ave, Saratoga Springs, NY 12866 identified as Tax Parcel Section 178.-4-9, Inside 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 Maximum size of a wall sign in a Highway General Business zoning district; and public notice having been duly given of a hearing on said application held on April 21, 2014, May 12, and May 19, 2014 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: Total relief requested: Maximum size of wall sign 38 sq. ft. 54.38 sq. ft. 16.38 sq. ft. (43%) 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant provided photo simulations of the new sign for the “European Wax Center” showing the lettering style and sign size compared to the existing “Total Tan” signage. Measurements of store front footage were also included in the submission. The “Total Tan” business originally occupied a 40’ section of store front in the plaza. The store was physically divided into 2 separate businesses each with separate front door entrances. “Total Tan” occupies 21’ of frontage while “European Wax Center” occupies 19’ of City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 9 of 10  frontage. Each store is allowed 2 sq’ of sign per foot of frontage. “Total Tan” signage is 32 sq’ but is allowed 42 sq’ which is 10 sq’ less than allowed. “European Wax Center” proposes a sign 54.38 sq’ but is allowed 38 sq’ which is 16.38 sq’ more than allowed. The application states, “If we went any smaller with the signage, it would not fit in with the other tenants size of signs.” 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The subject property is a large strip mall with numerous stores of varying sizes with lighted signage for each store prominently displayed above each business. The application states, “There are other signs on this mall and we have designed a professionally looking sign that will only enhance the look of the property.” 3. The relief requested is substantial for one store front. However, the extra square footage requested is somewhat mitigated by the fact that both signs will be uniformly 52” in height according to photo simulations and plans submitted by the applicant. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states, “There is already a Total Tan sign there that will be replaced with a more clean and crisp sign. Adding “European Wax” sign will have no effects on the neighborhood or district.” 5. The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Condition: The variance is conditioned upon the business occupying 19’ of store frontage. Skip Carlson seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. Discussion ensued regarding the size of the signage. VOTE: Keith Kaplan, Vice Chairman, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 5-0 MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Vice Chairman adjourned the meeting at 8:15 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 6/9/14 City of Saratoga Springs Zoning Board Minutes – Monday, May 19, 2014 - Page 10 of 10