Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JANUARY 26, 2015 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 0 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman, Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck, Skip Carlson, James Helicke, Susan Steer STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney WELCOME: Bill Moore, Chairman welcomed new Board member Susan Steer 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: #2792 STONE BUILDINGS, 68 Weibel Avenue, area variance to maintain existing buildings; seeking relief from the build-to, minimum frontage build-out and minimum two-story requirements in the Transect-4 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. #2807 MURPHY LANE BARN RENOVATION, Murphy Lane & South Alley, area variance for renovation of an existing barn/carriage house into a single family residence; seeking relief from the minimum lot size, minimum average lot width, maximum principal building coverage, minimum front, rear, and side yard setback requirements in the Urban Residential- 3 District. Adjourned to February 9, 2015. #2808 EMBASSY SUITES, area variance for two wall signs, seeking relief to permit more than one wall sign, to permit placement on a building elevation without street frontage, for placement above the first floor level of the building, to exceed the maximum size of signs, maximum height of lettering and to permit internally illuminated channel letters in the Transect-6 District. Adjourned to February 9, 2015. DISCLOSURE: Susan Steer has viewed the web cast and materials and is able to vote on matters this evening. NEW BUSINESS: 1. #2774 COMPLEXIONS SIGN, 268 Broadway, area variance to install three banner signs; seeking relief to permit additional signs and from the maximum extension from the building in the Transect-6 District. SEQRA: Action appears to be a Type II action, "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 sq. ft.” and therefore exempt from further SEQRA review. PARCEL HISTORY: Application pending since June 9, 2014 for a wall sign, relief from maximum extension from the wall. DRC architectural review approval for conforming wall sign, July 17, 2014. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum extension from wall: for each of .5 feet 2.5 feet for each 2 feet (400%) for each three proposed banners sign sign Number of wall signs 1 1 4 3 (300%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL - Saratoga County Planning Board referral is required. - DRC Architectural Review is required. Applicant: Denise Dubois, owner Ms. Dubois stated she has been before the Board in the past. She reviewed the location of her business and the current signage which was approved. She is currently proposing 3 banner type signs on the columns out front providing visibility to her business. These banners are made out of cloth, similar to a flag and are not a permanent fixture. The current signage is not visible from the road. Board member James Helicke questioned the applicant regarding her decision to install banner signs, and any alternatives for placement on columns or any other alternatives she might have. Ms. Dubois stated it was suggested to her to do an awning, however, there is really no place to install an awning since her business is below the main level and location is a problem. James Helicke asked the applicant for a narrative/explanation of the project. Discussion ensued among the Board regarding the number of signs requested and the amount of relief requested. The relief is considered substantial to install a type of sign which is not permitted. This is three times what was originally requested. The Board has not approved this type of sign previously for a business not located along a pedestrian alley. Several alternative suggestions were provided to the applicant by the Board. The applicant was instructed to review alternatives and reappear before the Board. It was recommended to the applicant to provide information to staff prior to the meeting for the Board to review before the actual meeting. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:30 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman informed the applicant to contact staff when they were ready to appear on the agenda. City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 2. #2805 THE HAMLET BUILDING, 46-52 Marion Avenue, area variance for a recently constructed approximate 20,700 square foot one-story commercial retail building; seeking relief from the minimum two-story requirement in the Transect-5 District. SEQRA: - Action appears to be an Unlisted Action. - Short EAF submitted. PARCEL HISTORY: Area variance to install wall (tenant) signs, seeking relief to permit installation of signs on elevations without street frontage, approved November 24, 2014. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum two-story Two-story One-story One-story (100%) Applicant: Todd Curley, Prime Beechwood Agent: Matthew J. Jones, Alex Besso, Attorneys; The Jones Firm; Mr. Jones provided background information on the project. The first floor is approximately 20,700 square ft. One third of the first floor space is 6,800 square feet. The building was built to the height and appearance of a 2-story structure in an area surrounded by several single-story buildings, similar to the Fresh Market which was approved at the same time. The building is located across Marion Avenue and received approvals from the Land Use Board. Shortly before the construction was completed the City informed the applicant they took a different view then when they issued a building permit. They were informed at this point that the structure was not zoning compliant. Paperwork has been provided to the Board. The building inspector granted Certificate of Occupancies to three of the occupied units. There are seven units total and 4 available for rental. We are here today with all the approvals and the building permits and a recent determination following completion of construction that this is subject to the second floor requirement in the T-5 District. The second floor which is there and available the 150 square feet does not constitute a story, hence the denial paperwork the Board currently has. The applicant has elected to pursue an application for an area variance, which is before the Board. During the application process alternatives were not considered to the current plan. At the time this application was zoning compliant. However, upon further review if additional space is to be built, there wouldn't be enough parking to accommodate and would be very difficult to find potential tenants. The zoning ordinance allows for a reduction of up to 30% of the required parking with a shared parking arrangement. In which case a variance would also be required. Discussion ensued among the Board regarding the Building Inspector's denial requiring 33% square footage of the first floor space of the building on the second story space to be compliant. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:55 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 7:56 P.M. City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: - Saratoga County Planning Board decision dated January 15, 2015 noting no significant county wide or intercommunity impact. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF Prime Beechwood, LLC 621 Columbia Street Cohoes, New York, from the Building Inspector’s determination for the premises at 46-52 Marion Ave, Saratoga Springs, New York, identified as Tax Parcel Section 166.30-2-1, 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 two-story requirement for an existing structure in a T-5 zoning district; and public notice having been duly given of a hearing on said application held on January 26, 2015 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 Two-Story: Two Story One Story (20,700 sq. ft.) One Story (20,700 sq. ft.) in excess of 1,500 sq. ft. 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The application states, “The building was built and permit and approvals granted for a 1 floor commercial building that is 2 stories in height and appearance. Small 2nd floor spaces can potentially be accommodated at this location with low ceilings for commercial standards. If additional space is to be built, there wouldn’t be enough parking to accommodate and would be very difficult to find potential tenants.” 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 building is built, as approved, to the height and look of a 2 story building. This building is in a neighborhood with several single story buildings. This building is also on the same property and approved at the same time as the Fresh Market which is similar in design and use and is open for business.” 3) The relief requested is substantial. The substantiality is mitigated by the fact that the building was built with the height and appearance of a two story building. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. No additional impermeable surfaces are planned. The Board also notes no additional parking will need to be created by granting of the variance. 5) The Board finds the difficulty is self-created which is not fatal to the application. Note: County Planning Board responded with no community wide impact. Adam McNeill, Secretary seconded the motion. City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 Bill Moore, Chairman asked if there was any further discussion. Discussion ensued among the Board regarding the self created provision in the area variance balancing test. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 7-0 SEQRA: The Board accepted the SEQRA Part I form submitted by the applicant. The Board then reviewed SEQRA Part II form noting no large or important areas of concern noted. Gary Hasbrouck made a motion for a SEQRA Negative Declaration in the matter of the application of the Hamlet Building 46-52 Marion Avenue. Adam McNeill, Secretary seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 7-0 4. #2809 BALL CORPORATION SIGN, 11 Adams Road, area variance for construction of a freestanding sign, seeking relief from the maximum size for such sign in the Industrial-General District. SEQRA: Action appears to be a Type II action "construction or expansion of a primary or accessory/appurtenant non-residential structure or facility involving less than 4,000 square feet and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum area for wall signage 24 sq. ft. 32 sq. ft. 32 sq. ft. 8 sq. ft. (33%) Agent: Daniel Roicki, Adirondack Sign Company. Mr. Roicki stated the applicant is looking to replace the existing signage at Ball Corp with a sign of the exact size, coloring and lettering at the same location. The signage will be constructed with a black background with white lettering. No lighting is proposed at this time. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:12 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the February 9, 2015 Zoning Board of Appeals meeting. 4. #2817 ADELPHI HOTEL EXPANSION, 19-23 Washington Street, consideration of SEQRA Lead Agency deferral to the Planning Board for construction of a new wedding/banquet facility. Bill Moore, Chairman stated this is a procedural item. It is unknown at this time if any variances will be required. Is there a motion to defer Lead Agency to the Planning Board. Gary Hasbrouck made a motion in the matter of the application of the Adelphi Hotel Expansion to defer Lead Agency Status to the Planning Board. Adam McNeill, Secretary 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; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 7-0 OLD BUSINESS: 5. #2777.1 CITY CENTER PARKING GARAGE, surface parking lot bound by York Street, High Rock, Lake and Maple Avenues area variance for construction of a parking structure, seeking relief to impede solar access to a neighboring property in the Transect-6 District. This application was heard at the January 12, meeting and adjourned to January 26, 2015. The Board requested additional information including alternatives to the height and placement of the proposed parking garage structure and any possible mitigation measures considered with the Mouzon House. The public hearing was opened on January 12, 2015 and remains open. The Board has been provided with additional information. SEQRA: - Action appears to be a Type 1 action. - In addition to the ZBA, the Planning Board, Design Review Commission, and the City Council are involved agencies. - On July 1, 2014 the City Council initiated Coordinated Review and deferred Lead Agency status to the Planning Board. - ZBA deferred Lead Agency to the Planning Board on July 9, 2014. – The Planning Board issued a Negative SEQRA Declaration on December 10, 2014. PARCEL HISTORY: - DRC Architectural review approval of roof-mounted solar hot water panels for Mouzon House, 1 York Street, October 16, 2014. DISCLOSURES: City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 Board member Susan Steer stated she wished to disclose that she did sign the petition in question which was circulated by the Pedinotti's which was not in favor of the parking structure the City Center is proposing and would like to see it moved. The second item to disclosure is that Ms. Steer was working with or against the City Center with the gun shows and the tenants they have there. Ms. Steers stated she can be objective, and has read the statutes and all the materials and feels she can make an objective decision on this matter. Bill Moore, Chairman stated Mr. Pedinotti called his office concerning some real estate appraisal work. I did return his call. informing him I was a member of the Zoning Board of Appeals and could not accept his offer. I did not speak to him, I simply left a message on his answering machine. CORRESPONDENCE RECEIVED BY THE BOARD: - Saratoga County Planning Board decision received on January 7, 2015 no significant countywide or intercommunity impact. NEIGHBOR INPUT: Adam McNeill, Secretary informed the Board the following correspondence was received by the Board: - Letter dated January 26, 2015 from Sustainable Saratoga. - Letter dated January 24, 2015 from Rick Fenton. - Letter dated January 26, 2015 from Donna Frank Frederico. - Letter dated January 12, 2015 from Karen Shanley. - Email from Sam Brewton, received on January 11, 2015. Agent: Matthew J. Jones, Attorney, Jones Firm; Alex Besso, Jones Firm; Jay Stasak, Envision Architecture Applicant: Mark Baker, President City Center Authority; Susan Farnsworth; Tom Roohan Mr. Jones stated the Board did receive correspondence from Jonathan Tingley, attorney representing the Mouzon House, dated January 12, 2015. We did provide a response to that correspondence dated January 23, 2015, which was filed with the City Staff and circulated to the Board. Mr. Jones provided the Board with some background information and history on the project. This project entails the development of 2.6 acres of City owned property. This project also includes consideration under the solar access provision of the City Zoning Ordinance. This project has become zoning non-compliant not on its own but by the actions of a neighbor. Mr. Jones stated this is a unique application for a number of reasons. A visual presentation of the project was provided to the Board. The T-6 district is intended to accommodate a high intensity and diversity of retail, business and upper floor residential uses with a maximum height of 70 feet. Mr. Jones reviewed the location of the proposed parking structure and the buildings which surround it, many of which are massive buildings. Mr. Jones stated a shadow study and analysis was completed by Mark Torpey outlining the actual financial impact to the adjoining property owners would be and has arrived at figure of approximately $120.00 per year. Mr. Jones cited the soar access provision. 6.4.8 Solar Access No property owner may erect a structure or allow a tree or other flora to cast a shadow upon a solar collector greater than the shadow case by a hypothetical wall six feet high located along the property line between 8am and 4pm EST from September 21, to March 21. Mr. Jones spoke regarding the area variance considerations, and the fiscal impact of the parking garage on the Mouzon House. Also, the fact that there will be some shadowing on the solar panels. The view shed was reviewed and even with the erection of a zoning compliant 28 foot high building it would still cast a shadow on the Mouzon House. Mr. Jones reviewed the Parking Garage project and updated the project noting the connector has decreased in size and reduced some of the parking spaces. A visual presentation of the City Center parking garage structure was provided to City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 the Board as well as some sketches and different views from all elevations. Mr. Jones informed the audience as well as the Board that neither solution would meet the project objectives, and in the opinion of the applicant, neither solution would allow for a project that is feasible to construct in a manner that would make reasonably efficient use of the City's parcel. Mr. Jones stated all presentations made regarding this project can be viewed on the web cast and he feels this is a very transparent application. The final area variance consideration the applicant feels the hardship could be considered self created. Discussion ensued among the Board whether the application was self created and regarding alternatives to the proposed parking structure. Mr. Stasak reviewed the footprint of the building, as well as all elevations and grades of the parcel. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:20 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Aaron Pedinotti, 53 York Avenue. My parents are the owners of the Mouzon House. Mr. Pedinotti worries about the potential impact of this application on the Mouzon House. Mr. Pedinotti has spoken to experts in the field of civic design and urban planning and development and none of the experts thought this project implemented good planning principles, or fit in with the community character of the neighborhood. Serious alternatives have not been devised and considered by the City Center Authority. Gray Loyola, 207 Regent Street. In Europe underground parking lots are utilized. Wondering if the City Center considered that. Mark Baker, President City Center Authority. Saratoga Springs is noted for two things. Bedrock and underground springs, both of which cause a problem. Basically topography and the costs associated with it prevent further investigation. Jonathan Tingley, Tucziski, Cavalier and Gilchrist, PC, Attorney for the Mouzon House. Mr. Tingley provided an additional comment letter which was provided to the Board and the applicant. There is also communication from Mark Millspaugh, consultant and his comments. The direct connection over Maple Avenue. They are not seeking one connection over Maple Avenue but three parking decks. Can one or two or all three be eliminated and still obtain their desired amount of parking space without impairing the solar access to the Mouzon House solar panels. These questions have not been answered by the applicant. It is the applicant's burden to demonstrate that they cannot do something different than what they are proposing. Are 480 parking spots necessary? The applicant can have a shorter parking garage and move it further to the south and not impair the solar panels as much as the project proposes. The shadowing of the solar panels shown in the shadow study is more than what was shown on the applicant's presentation. The monetary impact of the solar panels to the Pedinotti's is incorrect. The City Council has adopted a provision that protects solar access during the winter season. The Pedinotti's began their application with the radiant store provider back in 2012. They have saved $582.00 during the month of December 2014, with the installation of the solar panels. The applicants are not willing to look at reasonable alternatives. They refuse to eliminate one or two of those parking decks, over Maple Avenue, they refuse to look at a shorter height, they refuse to move the building to the south. They can find a reasonable alternative that is zoning compliant, that achieves the objectives of the applicant. There will be a visual impact on the Mouzon House with the construction of this building. They have carte blanch with this property. This project will cut the Mouzon House off from the rest of the City and likely put them out of business. Mark Millspaugh, Sterling Environmental, Latham, New York. I reviewed the application and correspondence. The project is not zoning compliant with the local code due to the solar access code. There are ways to mitigate the shadowing. I do not feel the shadowing has been analyzed. Can the building be moved, or stepped down to reduce the shadowing on the solar collectors. There is no in-depth analysis. There are no renderings on visual impacts. City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 Diane Pedinotti, co-owner Mouzon House. I would like to address the $200.00 amount. It was a statement I made that we saved $200.00 on our first bill. We have repeatedly asked Mark Baker for the alternate plans that were put out when they requested and RFP. These are from builders and architects that understood what their needs were. These have never been shown to the public, and they have never been discussed. I am afraid that the Board will fold, and set a precedent. We have asked where will our customers park when we are competing with you, and your convention goers. We were told that people could park in a different lot and be bused to our restaurant. There are so many issues, creating dead streets and blocking historic parks. There is something wrong here. We did not oppose future development in that area but that we would assume the historic value of the Mouzon House would be taken into consideration. Donna Federico, 249 Kaydeross Avenue East. I love my City, the City Center and the Mouzon House. I have lived here for over 27 years. I work in downtown Albany for over 35 years. It has been controversial for many years. To compare us competing with Albany, I don't see it at all. We don't have an airport, or a train station or a Times Union Center. We are who we are. People come here to get away from all that. They come here because they love what we have done with our city. I love free parking. I don't think we should have to pay for parking. The location is bad because of that. One of the alternatives is really viable. For instance, the parking lot at the Hilton. No one has spoken to those people. I think this could benefit everybody. Denise Desmond, Saratoga Farm Road. I attended the Seminar held by Sustainable Saratoga. I learned about charging for parking so close to the City Center. That information was timely and important for everyone to understand. My issue is Mouzon and High Rock Park. A copy of the change.org petition which over 550 people have signed. Patricia Mallory, 12 Roberts Lane. I agree with some of the comments tonight especially an alternate plan for a smaller garage and relocating it before any plans are made. When I saw the 3 level connector, it was unsightly. What about an underground connector to be considered. Regarding the Farmers Market having a space in the agora area. Mark Baker, City Center Authority spoke regarding the Farmers Market and what could be done in the agora, along with other uses for the area which are being researched. Susan Steer requested copies of alternate plans for the parking garage that were submitted for the RFP. Mark Baker, City Center Authority stated he would bring her request back to the Board for review, and why this choice was made. Aaron Pedinotti, stated at a City Council meeting Mr. Baker was asked if there was a visual obstruction to this project and he denied it. It was asked if the park would be obstructed and he denied that as well. Board member Susan Steer formally requested copies of the plans which were submitted for the RFP. We realize it wasn't the first choice but since there is a variance request pending we need to look at options to know why they aren't acceptable in this situation. Adam McNeill, Secretary questioned the number of parking spaces proposed on the surface parking area and the proposed parking spaces in the parking garage. Jay Stasak, Envision Architecture rebutted the design for three stories and the connector. Going over Maple Avenue the design needs to be at least 28 feet in height. Once over 28 feet you are in violation of the zoning ordinance. We will need to displace some parking to get the structure in. Discussion ensued regarding the height of the connector and the number of levels proposed. Feasibility of a one level connector. Mr. Jones stated he will bring the request of the Board to the City Center Authority, however they will not provide these since the plans do not meet the criteria the City Center was looking for. City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015 Bill Moore, Chairman stated we do not have a resolution prepared. This application will be carried over to our February 9, 2015, meeting. NOTE: Mr. Jones provided the Board with additional information regarding the Embassy Suites signage which was seen previously by the Board and relief was granted for the Embassy Suites sign. Mr. Jones stated the applicant has moved the location of the "E" logo alongside the Embassy Suites signage. This information will be provided to the Board. 4. #2786 RITE AID REDEVELOPMENT, 90 West Avenue and 242 Washington Street, interpretation and area variance for redevelopment and expansion of the pharmacy and associated sign package; seeking relief from the build-to, minimum frontage build out and minimum two-story requirements in the Transect-5 District. The applicant has requested consideration of area variances associated with the building only at this time to return for discussion of the sign package at a later date. SEQRA: - Action appears to be an Unlisted Action. - In addition to ZBA, the Planning board (special use permit and site plan review) and Design Review Commission architectural review) are involved agencies. - The Board initiated Coordinated SEQRA Review and deferred Lead Agency Status to the Planning Board on September 22, 2014. - Planning Board issued a Negative SEQRA Declaration on October 8, 2014. INTERPRETATION: - The T-5 district requires a minimum of two-story building (50' maximum height). - Definition of story-that portion of a building designed for human occupancy between the surface of any floor and the surface of the next floor or roof above. Applicant: Rite Aid Redevelopment Agent: Matthew J. Jones, Attorney; Alexandra Besso, The Jones Firm; Jaclyn S. Hakes, MJ Engineering PUBLIC HEARING: Bill Moore, Chairman asked if anyone in the audience would like to speak on this application. None heard. Bill Moore, Chairman closed the public hearing at 10:27 P.M. Adam McNeill, Secretary presented the following resolution. IN THE MATTER OF THE APPEAL OF #2786 Rite Aid Development 90 West Ave. & 242 Washington Street Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 90 West Avenue and 242 Washington Street, in the City of Saratoga Springs, New York being tax parcel number 165.14 Block 2 Lots 2.2 & 2-1, inside district, on the Assessment Map of said City. City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015  The appellant having applied for an area variance under the Zoning Ordinance of said City, to permit the redevelopment and expansion of the pharmacy in a Transect-5 District and public notice has been duly given of a hearing on said application held on January 12th & 26th, 2015. 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 amounts of relief: Required: Proposed: Total relief requested: Build-to-line: West Avenue 0-12’ 32’ 10” 20.83’ (173.58%) Frontage build-out: West Ave. 70% 52.23% 17.77% (25.39%) Minimum two-story: Two-story One-story One-story (approx. 14,000 sq. ft.) in excess of 1,500 sq. ft. 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 applicant notes they considered alternative designs for this project, most notably one which considered an ordinance compliant building layout with 70% frontage on West Avenue. This model however, eliminated delivery truck access, reduced the number of parking spaces, and positioned the drive through access immediately adjacent to the neighboring southern property whereby creating possible cueing issues that would likely overflow onto West Avenue 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The existing Rite Aid has been on the southeastern corner of the west Avenue/Washington Street intersection for over twenty years. Rite Aid shares this intersection with a Stewarts Shop, D’Andrea’s Liquor Store, and Mobil convenient store equipped with a Dunkin Donuts and Subway Restaurant. The project is consistent with the intent of the Ordinance and the uses in the area. 3. The relief requested can be considered substantial; however the effects of approval are mitigated by a number of factors. As noted in the Ordinance, the “Transect-5 Neighborhood Centers are intended to accommodate a variety and mixture of residential and non-residential uses, building types, and lot sizes.” The minimum frontage build-out variance request is mitigated by the further frontage on Washington Street. Taken together, this frontage will adequately support pedestrian-friendly streets. Although the request for the build-to distance variance is substantial, the impetus of the variance was a desire to mitigate potential right of way concerns and enhance the pedestrian realm. The minimum two-story requirement variance is mitigated by the fact that the proposed structure will have an appearance of a second story. 4. The construction will not have a significant adverse physical or environmental effect on the neighborhood or district. The existing use for the parcel is a Rite Aid pharmacy. The demolition of the Touch free Car Wash will alleviate physical and environmental impacts on the neighborhood and district in that it will reduce noise pollution as well as traffic. 5. The request for relief may be considered a self-created hardship, however self-creation is not necessarily fatal to the application. Skip Carlson seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Board member James Helicke expressed support for a variance for the build to line and frontage build out, but said that the applicant's request for a variance from the two story requirement was not consistent with the intent of the zoning requirements for the Transect 5 district. VOTE: City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015  Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steers, abstained; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, opposed MOTION PASSES: 5-1-1 APPROVAL OF MINUTES: Adam McNeill, Secretary made a motion to approve the December 8, 2014 Zoning Board of Appeals meeting minutes as amended. Gary Hasbrouck seconded the motion. VOTE: Bill Moore, Chairman, abstain; Keith Kaplan, Vice Chairman, in favor; Susan Steer, abstain; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, abstain; James Helicke, in favor MOTION PASSES: 4-0-3 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 10:39 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 2/23/15 City of Saratoga Springs – Zoning Board of Appeals Meeting Minutes – January 26, 2015