Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, OCTOBER 27, 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; Adam McNeill, Secretary; Skip Carlson; Oksana Ludd; James Helicke LATE ARRIVAL: Gary Hasbrouck arrived at 7:06 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: #2791 FOX RESIDENTIAL ADDITION, 72 Union Avenue, area variance for construction of two additional residential units to an existing multi-family residence; seeking relief from the minimum lot area requirement for the 15th unit and from the maximum principal building coverage requirement in the Urban Residential-4 District. #2788 ROUPAS ANTENNA, 36 Doten Avenue, area variance to construct a freestanding antennae structure; seeking relief from the maximum height and depth requirements for such structures in a residential district. #2782 BROWN & DAVIDSON ACCESSORY BUILDING, 10 Perry Street, area variance to construct and finish interior of a shed; seeking relief to permit finished/habitable space in an accessory building in the Urban Residential-3 District. Adjourned to October 27, 2014. #2778 GUARINO & HANER TWO-FAMILY RESIDENCES, 21 Park Place, area variance to construct a two-family residence, a two-unit addition to an existing three-family residence 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 October 27, 2014. #2786 RITE AID REDEVELOPMENT, 60 West Avenue and 242 Washington Street, area variance for redevelopment and expansion of the pharmacy and associated sign package; seeking relief from the build-to and frontage build-out requirements in the Transect-5 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. Adjourned to October 27, 2014. NEW BUSINESS: The agenda was heard out of order awaiting the arrival of Board Member Gary Hasbrouck. 2. #2789 THE HAMLET SIGNAGE, 46 Marion Avenue, area variance to install (tenant) signs, seeking relief to permit installation of signs on an elevation without street frontage in the Transect-5 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: - DRC approval for one wall sign (tenant space) on Marion Avenue elevation. - DRC approval for signs for Fresh Market. - ZBA approval for signs for Fresh Market building. - DRC architectural review and approval of subject building. - Planning Board special use permit and site plan review approval for project AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Installation of wall (tenant) signs on elevation without street frontage: East elevation (parking lot) 0 7 7 Installation of wall (tenant) sign on elevation without street frontage: South elevation 0 1 1 Architectural Design Facades within the Transect Districts identifies. "Main building entrances should face the street, and should be easily identifiable and scaled to the size of the street they front". Any signs considered on the east elevation should appear as secondary signage to those proposed for the front (Marion Avenue) elevation. DRC architectural review required for signs. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL - County Planning Board referral/request - DRC Architectural Review required Applicant: Todd Curley, Prime Companies Agent: Russ Hazen, Ray Signs Mr. Hazen stated the applicant is before the Board looking for a variance for signage on the west elevation, which are actually the retail store fronts that face inside the parking lots. We are proposing a variance for all the tenants at once versus each individual tenant appearing before the Board. The proposal is for signage which will meet the square footage code. These signs will be halo lit and they will not exceed more than 6" off the exterior of the building. In total there are 8 signs proposed 7 signs on the west elevation and 1 sign on the south elevation. A small directory sign will be proposed after Building #3 is completed. No signage above the first floor is requested. Discussion ensued regarding other alternative designs, the number of signs requested, possibly obtaining an Advisory Opinion from the Design Review Commission. Window signage was also discussed. PUBLIC HEARING: City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 2 of 9 Bill Moore, Chairman opened the public hearing at 7:34 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Wayne Cherry, Daniels Road. I am the new owner of the pizza place in the location. My biggest concern is people being able to see the business in this location. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented on November 17, 2014. - 1. #2793 569 NORTH BROADWAY, LLC EXPANSION, 569 North Broadway, area variance for expansion of an existing medical office use; seeking relief from the minimum parking requirements in the Urban Residential-4 District. RECUSAL: Bill Moore, Chairman recused himself from this application. Keith Kaplan, Vice Chairman assumed the duties of the chair. SEQRA: If determined to be a minor modification, reaffirmation of SEQRA Negative Declaration issued on March 24, 2014 should be completed. PARCEL HISTORY: - Use and area variances for expansion of the nonconforming use (medical office) within a portion of the second floor approved April 21, 2104. - Established nonconforming medical office use on the first floor of the existing building. - Area variance for porch addition approved on January 22, 1997. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PREVIOUSLY PROPOSED TOTAL RELIEF APPROVED REQUESTED Minimum off street parking 9 total 1 additional space spaces: 12 for the medical 15 10 10 (including 1 (10%) 6 total spaces office use and 3 for the two handicapped (40%) residential units space) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL - Saratoga County Planning Board referral is required. - City Planning Board site plan review is required. Agent: Todd Drake Applicant: Dr. Osinski Mr. Drake stated this is a follow up to our original application for an area variance and a use variance last April. We will also appear before the Planning Board. Additional relief is required to meet both the Planning Board and the City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 3 of 9 Building Code requirements to accommodate one accessible parking space and associated access aisle on the site, as well as full 9 foot width x 18 parking space requirements. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:43 P.M. 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 7:44 P.M. Gary Hasbrouck made a motion to reaffirm SEQRA Negative Declaration which was issued on March 24, 2014 for the project. Adam McNeill, Secretary seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 6-0 Susan Barden, Senior Planner, City of Saratoga Springs stated Saratoga County Planning Board issued a determination of no countywide or intercommunity impact, dated October 27, 2014. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF 569 North Broadway, LLC 569 North Broadway Saratoga Springs, New York 12866 from the Building Inspector’s determination for the same premises, identified as Tax Parcel Section 165.44, Block 1, Lot 45, 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 Off-Street Parking Requirement in an Urban Residential – 4 zoning district for expansion of a medical office; and public notice having been duly given of a hearing on said application held on October 27th, 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 and Requested previously City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 4 of 9  approved Minimum off-street parking spaces: 15 10 9 1 additional space 12 required for the medical office use and 3 for the two (10%) residential units 6 total spaces (40%) 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. A dentist’s office currently exists on the site. The application states, “Business does not need any additional parking for practical use. Not adding any building square footage or additional staff. Variance sought to comply with new regulations as requested by the Planning Board.” Application also states “…no land area is available.” 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. No changes are being proposed to the exterior of the building. The applicant states “Has operated with existing space for over 30 years.” The parking lot will be restriped to reflect full 9’ x 18’ parking spaces and one handicap parking space and unloading zone area. 3) The relief requested may be considered substantial. This is partially mitigated by the fact that this is a single doctor practice. As stated in the previous appeal #2749, The applicant notes, “…Dr. Osinski lives on the parcel, and therefore, only occupies 1 of the 3 spaces set aside for him: 2 residential and 1 office, since, his vehicle need not move between home and work.” 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. No additional impermeable area is anticipated to be added to the project. 5) The difficulty may be considered self-created.. This, however, is not necessarily fatal to the application. Note: City Planning Board site plan review is required. James Helicke seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 6-0 Bill Moore, Chairman resumed his position on the Board. Keith Kaplan, Vice Chairman, resumed his position on the Board. 2. #2787 MELVIN RESIDENTIAL ADDITION, 1 Jefferson Street, area variance for construction of a one-story addition to an existing single-family residence; seeking relief from the minimum total side yard setback and principal building coverage requirements in the Urban Residential-2 District. This application was heard at the October 20, 2014 meeting and adjourned to October 27, 2014. The public hearing was opened and remains open. City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 5 of 9 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 was opened and remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Bill Moore, Chairman closed the public hearing at 7:49 P.M. Oksana Ludd presented the following resolution. Appeal #2787 IN THE MATTER OF THE APPEAL OF Bob and Stephanie Melvin 1 Jefferson Street Saratoga Springs, New York 12866 from the Building Inspector’s denial for the premises at 1 Jefferson Street, Saratoga Springs, New York, identified as Tax Parcel No.: 165.84-2-49 in the inside district of the City. The Applicants have applied for an area variance for construction of a one-story addition to an existing single- family residence; seeking relief from the minimum total 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 October 20, 2014 and October 27, 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, Type of Requirement Required Proposed Total Relief Requested Minimum Total Side Yard 20 feet 13 feet 7 feet Setback (35%) Maximum principal building 30% 35.2% 5.2% coverage (17%) as described in the submitted application or lesser dimensions, BE APPROVED for the following reasons: 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 considered other alternatives to providing a first floor bedroom due to applicant’s difficulty accessing 2nd floor bedrooms and the current alternative is the minimum square footage feasible for an addition. 2. The Applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties. It does not appear that much of the addition will be visible from the street. As such, granting the variance will not have a negative impact on nearby properties. City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 6 of 9 3. The side yard setback relief requested may be considered substantial, however is mitigated by the fact that the current residence is preexisting nonconforming at 1.1 feet from the south side property line. Therefore, meeting the total side setback is extremely difficult even though the addition would be 12 feet from the north side property line, which is compliance with the side setback for this side of the property. The maximum principal building coverage at an increase of 5.2% 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. With the addition, the percentage of permeability will be 37.8%, which exceeds the minimum required 25% permeability. 5. The alleged difficulty may be considered self-created in that the Applicants desire to construct a master bedroom addition at this location on the property; however this 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; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 7-0 4. #2790 CATALANO RESIDENTIAL ADDITION, 112 West Circular Street, area variance for construction of an approximate 360 sq. ft. (footprint) two-story addition to an existing single-family residence; seeking relief from the minimum setback between principal and accessory structure requirement in the Urban Residential-4 District. This application was heard at the October 20, 2014 meeting and adjourned to October 27, 2014. Additional information was requested and submitted by the applicant on October 22, 2014 via email and distributed to the Board. The public hearing was opened and remains open. 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 7:53 P.M. Keith Kaplan, Vice Chairman presented the following resolution. City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 7 of 9  #2790 IN THE MATTER OF THE APPEAL OF Anthony Catalano 112 West Circular St Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 112 West Circular St. in the City of Saratoga Springs, New York being tax parcel number 165.74-2-41 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-2 District and public notice having been duly given of a hearing on said application held on the 20th and 27th days of October 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 PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MAXIMUM PRINCIPAL BUILDING COVERAGE 30% 33% 3% (10% RELIEF) 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. The applicant notes that his home has insufficient family room area, and the breezeway and attached garage both increase the lot coverage of the existing house to the point that an addition to provide this functionality brings them over the district maximum. The applicant notes that in order to stay within the 30% limits the room would either have to be half of its proposed size, thereby negating the use and value of the addition, or it would have to be built without eaves, which would not be functional or in keeping with the rest of the home. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. As the applicant pointed out, the home has an attached garage, which if detached would preclude the need for a variance as the garage would be evaluated separately as an accessory structure with a maximum of 10% lot coverage. The Board finds the house with proposed addition plus small existing accessory structure to be well within district limits for both taken together and therefore not adversely impactful to the neighborhood or district. 3. The Board finds the 10% amount of principal building coverage relief requested to be not substantial, particularly given the consideration noted above of principal plus accessory structure coverage in this case. 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, 61.4%, will exceed the district requirement of 25%. 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. Oksana Ludd seconded the motion. Bill Moore, Chairman asked if there was any further discussion. City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 8 of 9 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; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 7-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 7:57 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved 11/17/14 City of Saratoga Springs Zoning Board Minutes – Monday, October 27, 2014 - Page 9 of 9