Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JULY 14, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:05 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Oksana Ludd; Skip Carlson; Gary Hasbrouck; ABSENT: Skip Carlson STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony 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. ANNOUNCEMENT OF ADJOURNED APPLICATIONS: #2774 COMPLEXIONS SIGN, 268 Broadway, area variance to install a wall sign, seeking relief from the maximum extension from the face of the building requirement for wall signs in the T-6 District. #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. #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. NEW BUSINESS: 1. #2778 GUARINO & HANER TWO-FAMILY RESIDENCES, 21 Park Place, area variance to construct two additional two family residences and two detached garages; seeking relief from the minimum front yard setback and maximum principal building coverage requirements in the Urban Residential-4 District. SEQRA: Action appears to be a Type I action – substantially contiguous to Congress Park-Casino-Circular St. National Register District across Regent Street. Coordinated Review is required. Long form has been submitted. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL Saratoga County Planning Board referral required. City Planning Board site plan review is required. PARCEL HISTORY: Site plan review approval March 3, 1987 for site improvements associated with construction of a third residential unit in the R-4 district. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Building 3 – Park Pl 25 feet 16 feet 9 feet (36%) Minimum front yard setback: Building 4 (garage) – Park Pl 25 feet 22 feet 3 feet (12%) Minimum front yard setback: Building 5 – Park Place 25 feet 16 feet 9 feet (36%) Maximum principal building coverage combined 25% 26.45% 1.45% (5.8%) Minimum average lot width: Building 3 100' 41' 59' (59%) Minimum average lot width: Building 5 100' 41' 59' (59%) Applicant: David Guarino and Linda Haner Agent: Michael Toohey, Attorney Mr. Toohey stated the information which was read into the record with regard to the area variances requested was not correct. Ms. Susan Barden, Senior Planner, stated the Board works off the Building Inspector’s denial and that is what was provided to the Board. Mr. Toohey stated that the information was not provided to the applicant or himself and he feels compelled to adjourn the application. Discussion ensued regarding opening the public hearing and allowing the neighbors to speak regarding this application. Also to allow Mr. Toohey to provide some background information to the Board and the public. Mr. Toohey stated the applicant is looking to construct two additional two family residences and two detached garages seeking relief from the minimum front yard setback and maximum principal building coverage requirements in the Urban Residential-4 District. The applicant provided a survey identifying front yard setbacks to existing residences along Park Place. The front yard setback request is not substantial when you consider the location of the other structures on Park Place. The relief from the maximum principal building coverage may not be considered substantial. The principal building coverage at 26.45% is only 498 square feet which is not substantial in a lot which is 31,636 square feet. The proposed front yard setbacks for the buildings along Park Place would be consistent with the neighborhood. The applicant is considering an alternate layout/architectural design that would complement the existing historic structure. The site will be over 41% permeable, which exceeds the minimum of 15% in that district. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:29 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 2 of 11 Ashleigh Gardner, stated the neighbors have signed a letter copy provided to Susan Barden, Senior Planner. Tom Denny, 205 East Avenue, representing Sustainable Saratoga. Mr. Denny spoke about the land disturbance and the concern for the trees on the property. Michael Ladd, 113 Regent Street, also had concerns regarding this project. Bill Moore, Chairman asked if there was any further discussion from the Board. None heard. Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated this application is adjourned to the next Zoning Board of Appeals Meeting on July 28, 2014. #2779 KING'S TAVERN SIGN, 241 Union Avenue, area variance to construct a wall sign; seeking relief to permit a wall sign and from the maximum size for such sign in a residential district requirements in the Urban Residential-3 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 Maximum size for a wall sign in a residential district. 4 sq. ft. 17 sq. ft. 13 sq. ft. (325%) The request is to permit a wall sign for a non-residential use in a residential district where only freestanding signs are permitted. Applicant: Adam Fitch, Jason Fitch, Patrick Fitch Agent: Mike Remillard, Sign Perfect Mr. Remillard stated the applicants are requesting a wall sign on the façade of the building approximately 17 square feet. No neon is proposed. This is a clean professional sign with ¾ inch lettering with a crown graphic. One gooseneck lamp will be used for lighting. While a freestanding sign maybe feasible, the building is located too close to the front property line making a wall sign more feasible and desirable. Historically there has been a sign on the building. The proposed non illuminated sign will be a positive change to the neighborhood. Discussion ensued regarding the size of the sign and the fact that this is a residential district. Mr. Remillard stated this property is located approximately 240 feet away from the closest neighbor. Prior signage was approximately 10 sq. ft. which is too small. Keith Kaplan, Vice Chairman asked if it is possible to reconfigure the sign smaller. Perhaps more variations in the size of the signage could be submitted. Mr. Remillard stated the applicants are looking to have a grand opening on Thursday of this week. The applicants would like to appear before the DRC on Wednesday evening. City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 3 of 11 Discussion ensued regarding other viable sizes and options. It was the consensus of the Board if the applicant could provide several renderings of the sign in smaller dimensions before the end of the Board meeting this evening, the Board would review those for a possible decision this evening. The applicants agreed and will return before the end of this meeting. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:05 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. This application is adjourned to the end of the meeting. #2772 BELMONTE RESIDENCE, First and State Streets (northeast corner) area variance to construct a new single-family residence; seeking relief from the minimum front yard setback (State St.) minimum front yard setback (First St.) and maximum principal building coverage in the Urban Residential-1 District. This application was heard at the June 9, 2014 meeting and adjourned to June 23, 2014. It was further adjourned to July 14, 2014 at the applicant's request. The public hearing was opened and remains open. The Board requested additional information which was submitted by the applicant on July 3, 2014. Additionally, elevation drawings were received on July 10, 2014. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: Consideration of placement of a sidewalk along First Street and curbing and sidewalk along State Street. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: First St. 30 feet 13 feet 17 feet (57%) Minimum front yard setback: State St. 30 feet 13 feet 17 feet (57%) Maximum principal building coverage 20% 33% 13% (65%) Applicant: Peter and Kathleen Belmonte Agent: Gavin Vuillame, Environmental Design Mr. Vuillame stated the relief is not substantial because the lot is pre-existing nonconforming at 8,950 square feet. The accessory structure (pool) adds an additional 6% of coverage to the lot. Total lot coverage would be 39%. Other alternative lot arrangements which meet the front yard setback requirements for both streets, leaves very little City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 4 of 11 space in the rear of the lot. The applicant provided information as to the proximity of existing homes to front property lines in the neighborhood. A new site plan and new building plans were submitted to the Board since the footprint of the project has changed. The square footage has changed from 3,450 square feet to 2,975 square feet. Elevation drawings for consideration of mass and scale and building coverage were provided. Mr. Vuillame indicated that 43% of the lot would remain permeable, exceeding the minimum of 30% in the district. Mr. Vuillame also reviewed the frontages and setbacks for the Board. Discussion ensued regarding the size of the home proposed given the size of the lot and the amount of relief requested as well as the setbacks. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing is open. 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. Bill Moore, Chairman stated the Board will have a decision in two weeks. #2773 BELMONTE RESIDENCE, State Street, area variance to construct a new single-family residence; seeking relief from the minimum front yard setback and maximum principal building coverage in the Urban Residential-1 District. The application was heard at the June 9, 2014 meeting and adjourned to June 23, 2014. It was further adjourned to July 14, 2014 at the applicant's request. The public hearing was opened and remains open. The Board requested further information which was submitted by the application on July 3, 2014. Elevations drawings were submitted on July 10, 2014. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Peter and Kathleen Belmonte Agent: Gavin Vuillame, Environmental Design Mr. Vuillame stated the portion of the building which violates the current setback is mostly porch space that is open to the outdoors, leaving very little building mass within the front portion of the lot. Other alternative lot arrangements which meet the front yard setback requirements leave very little space in the rear of the lot. The applicant provided additional information as to the proximity of existing homes to the front property lines in the neighborhood. The site will remain 40% permeable which exceeds the minimum of 30% in this district. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing is open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Andy McCradle stated he is looking forward to having Peter as a neighbor. He is concerned regarding the City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 5 of 11 distance from the property line to the pool. He is concerned regarding drainage. Mr. Vuillame of Environmental Design reviewed some of the drainage plans which will be implemented with this project. Bill Moore, Chairman closed the public hearing at 9:08 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Kathleen Belmonte State Street Saratoga Springs, New York 12866 From the determination of the Building Inspector involving the premises at State Street [East Side] in the City of Saratoga Springs, New York, being tax parcel 165.36-1-1 in the inside tax district, on the assessment map of said City. The appellant having applied for an area variance to construct a new single-family residence requiring relief from the minimum front yard setback and maximum principal and accessory building coverages and setbacks to patios in the Urban Residential -1 District and public notice having been duly given of a hearing on said application on June 9, 2014 and July 14, 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 variance for the following amounts of relief: Minimum Front Yard Setback: Required: Proposed: Total Relief Requested: 30 feet 18 feet 12 feet (40%) Maximum Principal Building 20% 23% 3% (15%) Coverage: Maximum Accessory Building 8% 9.8% 1.8% (22%) Coverage: Detached garage and pool Minimum Rear Yard Setback: Patio 10 feet 6 feet 4 feet (40%) Minimum Side Yard Setback: Patio 10 feet 0 feet 10 feet (100%) As per submitted plans or lesser dimensions, BE APPROVED for the following reasons: 1.) The applicant has demonstrated that this benefit cannot be achieved by other means feasible. The application states that “Other alternative lot arrangements which meet the front yard setback requirements would leave very little space in the rear of the lot,” creating a rear setback violation. The applicant further notes grade and sunlight issues, creating the need for the proposed configuration. The Board notes the unusual configuration of the lot as an “L” shape creates the need for relief in the rear. 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 provided additional information showing that other homes in the neighborhood have front property lines that are not in compliance with minimum setback requirements. The applicant also noted the challenge of building a new home in an inner city environment and the desire to have the master bedrooms on the first floor affected the layout of the home and caused the need for a variance. 3.) The relief from the front yard and the patio setbacks could be considered substantial. The application states “the portion of the building that violates the current setback is mostly porch space that is open to the outdoors, leaving very little building mass within the front portion of the lot.” The Board notes the patio substantiality, while numerically large is not impactful because it is flush with the ground in contrast with a structure. City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 6 of 11 4.) The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The proposed site to remain permeable would be 40%, which exceeds the minimum 30% in the district. 5.) The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. Seconded by Adam McNeill, Secretary. Bill Moore, Chairman asked if there was any further discussion. James Helicke stated he is concerned regarding the amount of relief requested. Oksana Ludd stated she thinks there are feasible alternatives to the variance. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman in favor; Oksana Ludd, opposed; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, opposed MOTION PASSES: 4-2 NEW BUSINESS: 1. #2775 ARNOLD RESIDENTIAL ADDITION, 795 North Broadway, area variance to construct a 308 sq. ft. sunroom addition to an attached garage structure; seeking relief from the maximum principal building coverage requirement in the Urban Residential-1 District. This application was heard at the June 23, 2014 meeting and adjourned to July 14, 2014. The public hearing was opened and remains open. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: Area variance approved November 18, 2013 for construction of a two-story attached garage. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing is 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 9:25 P.M. Adam McNeill presented the following resolution. City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 7 of 11  #2775 IN THE MATTER OF THE APPEAL OF Jay and Alysa Arnold 795 North Broadway Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 795 North Broadway in the City of Saratoga Springs, New York being tax parcel number 152.84-1-2 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 to permit the construction of an addition to a previously approved garage attached 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 23rd day of June and 14th day of July 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 DISTRICT DIMENSIONAL PREVIOUSLY TO RELIEF REQUESTED REQUIREMENT APPROVED MAXIMUM PRINCIPAL BUILDING 20% 21.6% 22.6% 1.0% OR 4.6% RELIEF COVERAGE 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 the addition being planned is a sunroom, and the portions of the property on the south and east side where a sun room is most optimally located, have severe limitations. The main portion of the house has architecturally significant stonework features that would need to be eliminated or glassed over to add a sunroom in that location, and that would compromise the aesthetics of this home to an undesirable degree. The idea of eliminating some of the approved garage space to make way for this addition was explored, but that was found to unduly impinge on the utility of the garage and make it too small for two-car use. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant notes that this proposed addition faces the front side of the property, and the distance to the property line is 138 feet. The Board agrees that this proposed addition is not impactful on neighborhood character or detrimental to neighbors. 3. The Board notes this variance is not substantial at 4.6% and further notes that even taken with the recently approved coverage variance, the combined variances are not substantial at 13%. 4. The Board notes the significant distance from property line and the large amount of green space remaining on this property and concludes this variance will not have significant adverse physical or environmental effect on the neighborhood or district. 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. Seconded by Gary Hasbrouck. Bill Moore, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 8 of 11 VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, abstained; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, in favor MOTION PASSES: 5-0-1 #2779 KING'S TAVERN SIGN, 241 Union Avenue, area variance to construct a wall sign; seeking relief to permit a wall sign and from the maximum size for such sign in a residential district requirements in the Urban Residential-3 District. Applicant: Adam Fitch, Jason Fitch and Patrick Fitch Agent: Mike Remillard, Sign Perfect The applicants and their agent returned before the Board with several iterations of the proposed signage. It was determined by the Board that the 14 square foot signage would be appropriate for the area and the business. The Board adjourned to complete the resolution for the applicants. 9:40 P.M. The Board recessed. 10:00 P.M. The Board reconvened. Adam McNeill presented the following resolution. IN THE MATTER OF THE APPEAL OF Jason Fitch dba King’s Tavern 241 Union Avenue Saratoga Springs, NY 12866 From the Building Inspector’s determination for the premises at 241 Union Ave., Saratoga Springs, NY 12866 identified as Tax Parcel Section 166.70-2-4, 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 UR-3 zoning district; and public notice having been duly given of a hearing on said application held on July 14, 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: Proposed: Total relief requested: Maximum size of wall sign: 4 sq. ft. 14 sq. ft. 10 sq. ft. (250%) Relief to permit a wall sign in a residential district where only a freestanding is permitted 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The existing building is very close to the front property line and therefore a permitted freestanding sign would interfere with pedestrians. A compliant sign at 4 sq. ft. would be ineffective in identifying this business to motorists on this very busy street. City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 9 of 11  2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposed sign is replacing a neon wall sign that existed for many years. This sign is not internally illuminated and only lit by one exterior gooseneck light. The impact is significantly less than the previous sign. 3) The request for relief is substantial at 250% however the building has featured similar signage for many years, most of which was of significantly greater impact than the one currently proposed. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The wall sign would not obstruct the sidewalk as a freestanding sign might. 5) The difficulty may be considered self-created. This, however, is not necessarily fatal to the 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; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, in favor MOTION PASSES: 6-0 APPROVAL OF MINUTES: James Helicke made a motion to approve the June 9, 2014 minutes of the Zoning Board of Appeals as submitted. Gary Hasbrouck, 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; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, in favor MOTION PASSES: 6-0 Adam McNeill, Secretary, made a motion to approve the June 23, 2014 minutes of the Zoning Board of Appeals as submitted. Keith Kaplan, Vice Chairman seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 10 of 11 VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, abstained; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, in favor MOTION PASSES: 5-0-1 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 10:05 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved Sept. 8 City of Saratoga Springs Zoning Board Minutes – Monday, July 14, 2014 - Page 11 of 11