Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JULY 28, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:02 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Oksana Ludd; Skip Carlson; Gary Hasbrouck; James Helicke LATE ARRIVAL: Adam McNeill, Secretary arrived at 7:44 P.M. 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: #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. Adjourned to September 8, 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 September 8, 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 September 8, 2014. NEW BUSINESS: 1. #2780 RYTODEBAR REALTY ADDITION, 137 Maple Avenue, area variance to construct a 1,800 square foot addition to an existing office building; seeking relief from the build-to line for the existing building and from the minimum frontage build-out requirement in the Transect-5 District. SEQRA: Action appears to be a Type I action and therefore exempt from further SEQRA review. PARCEL HISTORY: Area variance approved March 25, 1987 from minimum parking requirement to convert two storage areas into office space in a B-2 district. Site plan approval on December 3, 1986 for use of the building (1,400 square feet) of office space. AREA VARIANCE CONSIDERATIONS:  REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum frontage build-out 70% 39.3% 30.7% (44%) Applicant: Susan Bartkowski, James Towne; Towne Ryan Partners Agent: Vic Cinquino, Architect Mr. Cinquino stated the applicant stated different configurations for the addition were explored, but proved impractical. This addition will provide no undesirable change to the neighborhood character. The project is surrounded by traditional buildings developed under zoning quite different from the current T-5. The proposed addition conforms to the build-to and two-story requirements of the T-5 district. The addition is more conforming than the existing building with the T-5 requirements. The property owner recently obtained a portion of the City ROW along Maple Avenue providing an opportunity to expand the building and parking area. Site plan review is required. A visual presentation was provided to the Board along with an explanation of the proposed addition. Five additional parking spaces will be provided under the new addition. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL Saratoga County Planning Board correspondence was received on July 28, 2014, stating no significant county wide or intercommunity impact. City Planning Board site plan review is required. DRC Approval is required. Bill Moore, Chairman asked if there was any further questions or comments from the Board. None heard. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:14 P.M. 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 7:15 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Rytodebar Realty 137 Maple Avenue Saratoga Springs, New York from the Building Inspector’s determination for the same premises identified as Tax Parcel Section 165.44-2-30, 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 the minimum frontage build out requirement for constructing an addition to existing structure in a T-5 zoning district; and public notice having been duly given of a hearing on said application held on July 28, 2014 City of Saratoga Springs Zoning Board Minutes – Monday, July 28, 2014 - Page 2 of 7 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: Minimum frontage build out: 70% of frontage 39.3% of frontage 30.7% (44%) 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. According to plans submitted by the applicant, an additional parking area is proposed on the north side of the project adjacent to the new addition. It appears the new addition fulfills the requirement of having the building within the “build to line” and qualifies as contributing to the frontage build out. The addition appears to be a 2 story structure which is required in the T-5 zone. Under the 2 story addition, additional parking of 5 cars is proposed. The application states, “A substantial portion of the relief is required by the configuration of the existing building and how it fills the site. Different configurations for the addition were explored but proved impractical.” The Board concludes the curved nature of the road frontage makes additional frontage build out impractical. 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 project is surrounded by traditional buildings developed under zoning quite different from the current T-5.” The Board concludes the project will bring the building into greater compliance with the intent of the zoning code by adding a 2nd floor, satisfying parking requirements and by extending the frontage build out along Maple Avenue. 3) The relief requested is substantial. The existing building, constructed prior to T-5 regulations, is pre-existing and nonconforming. The addition will bring the entire site plan closer to conforming with the requirements of the district. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states, “…the proposal is continuing a long standing allowed use. The proposal also seeks to conform with the zone by adding a second story and accommodate required parking…..” 5) The Board finds the difficulty is not self created. As noted above, existing building was constructed prior to T-5 regulations. Note: Saratoga County Planning Board decision “No County Impact” Note: Saratoga City Planning Board site plan review and DRC Historic Review required 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor; MOTION PASSES: 6-0 City of Saratoga Springs Zoning Board Minutes – Monday, July 28, 2014 - Page 3 of 7 #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. Most recently the application was considered at the July 14, 2014 meeting and adjourned to July 28, 2014. The public hearing was opened on June 9, 2014 and remains open. 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 front yard setback: First St. 30 feet 13 feet 17 feet (57%) Minimum front yard setback: State St. 30 feet 13 feet 17 feet (56.7%) Maximum principal building coverage 20% 33% 13% (65%) Applicant: Peter and Kathleen Belmonte Agent: Gavin Vuillame, Environmental Design Mr. Vuillame stated the appearance before this Board was two weeks ago. The information which was requested by the Board concerning the neighborhood. The applicant indicates that tax map parcels were provided to the Board This breaks down lot areas. Many lots have accessory structures which are rather large. Few lots have pools in that area. This is a very small lot, under a ¼ of an acre. The applicant indicates that the relief is not substantial because the lot is preexisting 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%. Mr. Belmonte stated there are two porches on the proposed building. The rear most porch is 190 square feet. The front porch is 460 square feet, which wraps both sides of the building. The garage represents 630 square feet. The pool represents 544 square feet. This is the information which was previously requested. Mr. Vuillame stated there are four lots which exceed 30%. Primary structures go above 20%. Mr. Belmonte stated he would like to review the attributes which he will bring to this property. The adjacent property owners have identified there are water issues. There is a lot of water coming off State Street crossing these two lots and being deposited in their basements. We are proposing to engineer a solution to that problem. These two lots will drain to catch basins in this storm water management system proposed and deposit them into the City's system. We will set these structures low enough so that the adjoining property owners could add a drain into this system. We do have a corner lot. We are trying to keep with the old architecture, with the wrap around porches. We are also attaching the garage to the home. Mr. Belmonte discussed setbacks. This is in keeping with the homes adjacent to ours. The pool is behind the home. City of Saratoga Springs Zoning Board Minutes – Monday, July 28, 2014 - Page 4 of 7 Keith Kaplan, Vice Chairman stated the lot coverage is a big concern for him. The footprint of the home, the core of the house on this property is a concern. This is a blank slate. What is before this Board is a massive home for the size of the lot. He asked if the applicants evaluated any other building designs that would be less of an impact. Mr. Belmonte stated the primary footprint of the house is just under 1700 square feet. New homes today are looking at a master bedroom suite on the first floor. We have looked at many plans before we decided on this design. The garage and porches do make up an additional square footage. It will have a second story to it. Adam McNeill, Secretary to the Board arrived at 7:44 P.M. James Helicke agreed with Keith Kaplan's remarks. He is concerned regarding the size of the home. Mr. Belmonte stated he is willing to install a sidewalk along First Street and curbing and sidewalk along State Street. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing has been opened and remains open. Dr. Edmund Ameyot, 209 Woodlawn Avenue, neighbor. Complimented Mr. Belmonte concerning the drainage issue. There is an oak tree on the property line and we would like to preserve that tree. It is in character of the neighborhood. Guissepe Faustini, neighbor. Lives behind the property. He wants to welcome Mr. Belmonte to the neighborhood. Amyot Ameyot, 209 Woodlawn Avenue. Concerned with the setbacks and the character of the neighborhood. This is a beautiful lot. Would like to keep the old trees and the oak tree on the property line. Bill Moore, Chairman closed the public hearing at 8:18 P.M. The Board recessed at 8:18 P.M. The Board reconvened at 8:42 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Kathleen Belmonte 1743 Route 9 Clifton Park, NY 12065 from the determination of the Building Inspector involving the lot at 1 First Street, in the City of Saratoga Springs, New York being tax parcel number 165.36-1-25, 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 a new single-family residence in a UR-1 District and public notice having been duly given of a hearing on said application held on the 9th of June and 14th and 28th 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 requested area variances for the following amounts of relief: Type of Requirement District Proposed Relief requested dimensional requirement Minimum Principal Building coverage 20% 33% 13%, or 65% relief City of Saratoga Springs Zoning Board Minutes – Monday, July 28, 2014 - Page 5 of 7 Type of Requirement District Proposed Relief requested dimensional requirement Minimum Front Yard Setback (First Street) 30’ 13’ 17 ft, or 56.7% Minimum front yard setback (State Street) 30’ 13’ 17 ft, or 56.7% As per the submitted application materials, be approved, after weighing the following considerations: 1. The Board notes the applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. In this case, the proposal is to build a new home on this parcel. The lot is smaller than the district requirements (8950 SF vs. 12,500 SF) thereby greatly increasing the degree of percentage relief required to allow this proposal to go forward. If the lot had been consistent with the district requirements, the proposal would be a principal residence with 24% lot coverage, including a garage which if detached would be allowed to take up 8% coverage. The Board notes that the principal residence lot coverage limitation of 20% plus the accessory structure limitation of 8% would result in 28% lot coverage allowed. Given the limitations of the subject lot size, the applicant notes that the needs of today’s homebuyer for a house in keeping with the neighborhood preclude the possibility of fitting a combined house and garage into the 28% lot coverage. Those needs include a master bedroom on the first floor as well as laundry. In numerical terms, 28% would mean a footprint of 2506 square feet. The proposed project includes a garage of 630 SF, porches of 640 SF and significant overhangs, making conformity with district requirements result in a first floor footprint of 1236 SF. The Board finds this to be overly limiting in this case. Additionally given the corner lot configuration of the subject property, some front setback relief may be required in any scenario. 2. The Board finds 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 information including a map of lot shape, sizes and principal building coverage among the 23 houses neighboring the subject property. The Board notes that there are 4 other houses among that group with equal or greater lot coverage to the 33% proposed. The Board finds the depth of this property and design of the home helps to mitigate the impact of the lot coverage. The footprint of the house runs in a rectangular fashion following the property shape, and putting the garage in the back on the State St. side diminishes the visual impact of the garage and area on the right side of the house. The Board also notes the addition to this proposed project of sidewalks on the eastern side of State Street, proposed by the applicant to mitigate concerns of vehicular and pedestrian safety, will have a positive impact to neighborhood character. 3. The Board considered the substantiality of the proposed variances listed in the table above. All are substantial, however as noted above the substantiality is mainly due to the lot being undersized relative to district requirements. 4. The Board evaluated physical and environmental effect on the neighborhood / district and notes that permeability requirements would be met, with 43% permeability proposed and 30% required. The Board further notes the applicant is installing a drainage system on this property which will mitigate the impact of this project. 5. The alleged difficulty is self-created as the applicant wishes to build a home on this lot that exceeds district zoning dimensions. However, self-creation on its own is not fatal to an area variance application. City of Saratoga Springs Zoning Board Minutes – Monday, July 28, 2014 - Page 6 of 7 Condition: Accessory structures on this property to be limited to the approximately 550SF pool identified in the site plan submitted July 1, 2014. Note: A sidewalk shall be installed on the eastern side of State Street Adam McNeill, Secretary seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Discussion ensued regarding the applicants willingness to correct the drainage issues in this area, and the addition of sidewalks in this area, as well as the amount of relief requested and feasible alternatives to the variance. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, opposed; Oksana Ludd, opposed; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, opposed MOTION PASSES: 4-3 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 9:05 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved Sept. 8 City of Saratoga Springs Zoning Board Minutes – Monday, July 28, 2014 - Page 7 of 7