Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, APRIL 13, 2015 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:04 P. M. SALUTE TO THE FLAG: PRESENT: Bill Moore, Chairman; Gary Hasbrouck; Skip Carlson; James Helicke; Susan Steer ABSENT: Keith Kaplan, Vice Chairman; Adam McNeill, Secretary 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 wall signs/banners; seeking relief from the maximum number of wall signs, maximum extension from the building and to permit banner signs in the Transect-6 District. #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 sq. ft. residential building; seeking relief from the maximum principal building coverage requirement in the UR-1 district. #2817.1 ADELPHI HOTEL EXPANSION, 19-23 Washington Street, area variance to construct a banquet facility, additional hotel rooms and renovate the existing stone mansion; seeking relief from the minimum frontage build out Requirement in the Transect-6 District. #2823 CELESTE ACCESSORY STRUCTURE, 32 Fifth Avenue, area variance to raise roof of an existing garage and use as living space; seeking relief from the minimum rear and side yard setbacks and to permit finished/habitable space in an accessory structure. #2824 KINGS TAVERN KITCHEN, 241 Union Avenue, use variance to expand the nonconforming bar/tavern use of the property to include food service; seeking relief to provide a kitchen within the existing building in the Urban Residential-3 District. NEW BUSINESS: 1. #1634.1 BRUNSWICK B&B FRONT PORCH AND SIGN, 143 Union Avenue, area variance for proposed construction of a front porch expansion and a new freestanding sign; seeking relief from the minimum front yard setback and maximum size for a freestanding sign in a residential district in the Urban Residential-4 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: - DRC Historic Review for façade alterations, approved November 6, 1997. - ZBA area variances for front porch and ramp, approved October 29, 1997. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback 25 feet 4 feet 21 feet (84%) Maximum area freestanding sign: Residential District 4 feet 12 feet 8 feet (200%) Applicant: Kirk Nichols, Owner Agent: Michael Remillard, Sign Perfect DISCLOSURE: Bill Moore, Chairman stated he has known Mr. Nichols for a long time, however this will in no way prevent him from rendering a fair and just decision on this application. Mr. Nichols gave a brief overview of the project proposed. The applicant is requesting the roof be extended out over the handicap ramp and landing. The porch roof extension would allow for additional safety to the existing handicap ramp. Mr. Remillard stated the applicant is looking for a 12 square foot signage similar to the Brook Tavern. We are looking for an additional 8 square feet over the allowed 4 square feet. Visual appeal basically. This property is on Union Avenue which is a four lane highway and we are looking for easier visibility. It is not obtrusive. Handcrafted, hand carved gold leaf gilded. Discussion ensued regarding the size of the proposed signage. Information was requested from the applicant regarding the standard size of signage for the area, as well as speed limit, and the distance from the road. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:31 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. NEIGHBOR INPUT: Correspondence received from Fred J. McNearny, 6 Victoria Lane. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA Meeting scheduled on April 27, 2015. 2. #2822 YITZHAK SHAHAR AND GKY REALTY SINGLE-FAMILY RESIDENCE, 498 Crescent Avenue, area City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 2 of 11  variance for new single-family residence; seeking relief from the minimum front yard setback requirement in the Suburban Residential-2 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 Minimum front yard setback 30 feet 28 feet 2 feet (6.7%) Applicant: Gonar Yohananof Agent: Jason Tommell Mr. Tommell stated the house was recently built. The need for a variance was identified when the final survey was submitted for a certificate of occupancy. The application indicates no undesirable change in neighborhood character or detriment to nearby properties, since there are several homes at a similar distance back from the front property line. No adverse physical or environmental effects would result in the front porch extending into the setback 2 feet. 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. None heard. Bill Moore, Chairman closed the public hearing at 7:36 P.M. Susan Steer presented the following resolution. IN THE MATTER OF THE APPEAL OF Yitzhak Shahar and Gky Realty 122 Harris Avenue Lake Luzerne, NY 12846 From the determination of the Building Inspector involving the premises at 498 Crescent Avenue in the City of Saratoga Springs, NY, being tax parcel number 179.04-2-48 on the Assessment Map of said City. The Appellant having applied for an area variance for construction of a new single-family residence, seeking relief from the minimum front setback in the Suburban Residential – 2 District and public notice having been duly given of a hearing on said application on April 13, 2015. 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 following variance for the following amount of relief: City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 3 of 11  Type of Requirement District Dimensional Proposed Relief Requested Requirement Front Setback 30 feet 28 feet 2 feet (6.7%) 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 existing encroachment into the front yard setback was identified after the house was built and prior to issuance of a certificate of occupancy. As the application states, “There are no other feasible means to achieve the benefit sought”. 2. The Applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to nearby properties. As the application states, “There are several homes at a similar distance back” (from the front property line). 3. The request for relief may not be substantial at 6.7%. The variance is to maintain an open front porch that encroaches only 2 feet within a required 30 foot front yard setback. 4. The Applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. All other area and bulk requirements of the district would be met. 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. None heard. VOTE: Bill Moore, Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-0 3. #2825 CAULFIELD RESIDENTIAL ADDITION, 718 North Broadway, area variance to construct an attached garage addition to an existing single-family residence; seeking relief from the minimum front yard setback in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action and exempt from further SEQRA review. City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 4 of 11 AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Second St. 30 feet 16 feet 14 feet (47%) Applicant: Tom Caulfield, Owner Agent: Viktor Solarik, AIA; VKS Architecture. The proposed garage is placed logically at the end of the existing driveway. Other designs would encroach on usable yard or property space. A detached garage would require the same minimum 30 foot front yard setback and would also require a variance. The proposed staircase enclosure and detached garage are further away from the property line than the existing house. The proposed garage appears to be architecturally compatible with the existing house. The proposed staircase enclosure and detached garage are in keeping with the neighborhood’s character, including selection of exterior material, architectural features and overall scale of the proposed structures. Access to the lot remains from Second Street. DRC Historic Review and approval is required. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:46 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA Meeting scheduled on April 27, 2015. 4. #2826 CUSIK RESIDENCE, 89 Ash Street, area variance to construct a second-story addition to an existing single-family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-2 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 Minimum side yard setback: 8 feet 2 feet 6 feet (75%) Agent: Bob Flansburg, Dreamscapes Unlimited Mr. Flansburg stated the applicants are proposing a second story addition. Drawings were provided to the Board showing the extent of the project. The most economical solution was determined to be building this space directly over the space that currently exists on the first floor. The newly configured home will be very similar to the home next door in terms of mass and scale. The proposed improvements will not reduce the available yard or open space much at all and the home will not further encroach on the adjoining neighbor’s property. The proposed placement of the addition on top of the existing single-story area and behind the front of the existing house would likely result in the least visual change or impact from Ash Street. Provisions for storm water management and rain melt from the expanded and elevated roof to alleviate any potential adverse impacts to be neighbor to the west were proposed. City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 5 of 11 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:53 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. NEIGHBORHOOD CORRESPONDENCE: Caroline R. Smith, 81 Ash Street, dated March 17, 2015. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA Meeting scheduled on April 27, 2015. 5. #2827 VON AHN RESIDENCE, 107 Fifth Avenue, area variance to construct a second story addition to an existing single-family residence; seeking relief from the minimum side yard setback (both sides) and minimum total side yard setback requirements in the Urban Residential-1 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 Minimum side yard setback: East 12 feet 6 feet 6 feet (50%) Minimum side yard setback: West 12 feet 9.3 feet 2.7 feet (22.5%) Minimum total side yard: 30 feet 15.3 feet 14.7 feet (49%) Applicant: Joani von Ahn The applicant is proposing a second story addition. The proposed structure encroaches into the side yard setbacks only as much as the existing home. Side setbacks will be maintained and remain the same. Alternative designs were entertained however they did not allow enough room to add the desired bedrooms and bathroom and was architecturally unappealing. No additional impermeable surface area would be added to the site. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:01 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. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA Meeting scheduled on April 27, 2015. 6. #2929 JOLY RESIDENTIAL ADDITION, 22 Schuyler Drive, area variance to construct a rear addition to an existing single-family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-1 District. City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 6 of 11 SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicants: Julie and Dan Joly Agent: Patrick Burke, Builder The applicant is proposing a rear addition to the current home. Other options were entertained. The appearance of the house from the street would be relatively unchanged by the proposed rear addition. The addition would not encroach further into the existing nonconforming side yard setback. The applicant indicates that no trees would need to be removed for this project. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:07 P.M. Bill Moore, Chairman asked if anyone in the audience would like to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA Meeting scheduled on April 27, 2015. OLD BUSINESS: #2821 TROJANSKI BUILDERS SINGLE-FAMILY RESIDENCE, 10 Doten Avenue, area variance for proposed construction of a single-family residence, seeking relief from the minimum average lot width, minimum side yard setback (each side) and minimum total side yard setbacks in the Urban Residential-4 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Agents: Alexandra Besso, Attorney, Jones Firm representing Trojanski Builders Michael Catalfamo, Attorney for the property owners 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. None heard. Bill Moore, Chairman closed the public hearing 8:13 P.M. Bill Moore, Chairman presented the following resolution. City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 7 of 11  #2821 IN THE MATTER OF THE APPEAL OF Trojanski Builders 18 Division Street, Suite 401 Saratoga Springs, NY 12866 From the determination of the Building Inspector involving the premises at 10 Doten Avenue in the City of Saratoga Springs, New York, being tax parcel number 178.44-3-26.1 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 single-family residence in an Urban Residential-4 District and public notice having been duly given of a hearing on said application held on March 23 and April 13, 2015. 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 following variance for the following amount of relief: Required: Proposed: Total relief requested: Minimum side yard setback: South 20 ft. 14.1 ft. 5.9 ft. (29.5%) side Minimum side yard setback: North 20 ft. 14.6 ft. 5.4 ft. (27%) side Minimum total side yard setback: 45 ft. 28.7 ft. 16.3 ft. (36.2%) Minimum average lot width: 100 ft. 75 ft. 25 ft. (25%) 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. As for the side yard setbacks, the applicant notes that the lot width being 75 feet, the house would have to be less than 30 feet wide in order to conform to the district total side yard setbacks; doing so would also enable the applicant to place the home centrally to avoid either of the individual side setbacks. The Board notes that if that limitation was imposed, the 24-foot two car garage included in the plan would result in only six feet of remaining width to the house including overhangs. The plan submitted calls for a total width of 46.3’, which when considering the inclusion of the garage, the Board finds reasonable. The Board inquired as to the feasibility of serial (front to back parking) garage arrangement rather than side-by-side two car garage arrangement. Theoretically this arrangement would reduce the need for a 24 foot-wide garage; however the applicant states “such a garage would not minimize the width of the house. The first bay overlays the house itself, which was intended to maximize the useable space without increasing the width of the home. The remaining portion of the garage is proposed as serial style, providing for a second bay as well as extra space to the rear of the garage. As for the lot width itself, there is no feasible means to mitigate this variance. Purchasing additional property is not feasible to the south due to the placement of the house to the south on its property. The owners of the two properties to the north have been approached and have indicated that they are not interested in selling any portion of either of their properties. 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 building is a single-family house, City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 8 of 11 zoned for a district that allows for multiple family houses. The applicant points out that the subject property is located in an area that is mostly a UR-2 district, in which the setback requirements are lesser than in this UR-4 district and that this residence would be compliant if it was subject to UR-2 zoning. The Board finds that with the applicant’s decision to opt for single-family use of this parcel combined with the context of the neighboring blocks’ zoning, the proposed residence is not impactful on neighborhood character or detrimental to neighbors. 3.) The Board notes this variance is substantial at 25 to 36%, however, given the context brought up in the previous point, the property variances are not significant in impact. The Board notes the lot size is over 13,000 square feet and that the building coverage including the garage is 15.6%. The dimensional relief being sought is confined to the side yards and the lot width, and it should be kept in mind that the depth of the property allows ample open space for this property. 4.) Given this large amount of green space remaining on this property and 81% permeability, the board 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 house on this property, but this is not necessarily fatal to the application. Note: The applicants submitted a signed affidavit stating, “We agree to not construct a multi-family use home on this lot”. Gary Hasbrouck seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-0 #2820 WOJDYLA RESIDENTIAL ADDITION, 119 George Street, area variance for bedroom and bathroom additions to an existing two-family residence; seeking relief from the maximum principal building coverage, minimum side yard and total side yard setback requirements in the Urban Residential-3 District. 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 has been opened and remains open. Bill Moore, Chairman asked if anyone would like to speak regarding this application. None heard. Bill Moore, Chairman closed the public hearing at 8:23 P.M. City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 9 of 11 James Helicke presented the following resolution. IN THE MATTER OF THE APPEAL OF MICHAEL AND GLORY WOJDYLA 119 GEORGE STREET SARATOGA SPRINGS, NEW YORK 12866 From the determination of the Building Inspector involving the premises 119 George Street in the City of Saratoga Springs, New York, being tax parcel number 166.69-2-17 on the Assessment Map of said City. The appellant having applied for an area variance for construction of residential additions to an existing two-family residence seeking relief from the maximum principal building coverage, minimum side yard setback, and minimum total side yard setback requirements in the Urban Residential-3 District and public notice having been duly given of a hearing on said application on March 23 and April 13, 2015. 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 following variance for the following amount of relief: Required: Existing: Proposed: Total relief requested: Maximum principal building 30% 31.64% 37.57% 7.57% (25.23%) coverage: Minimum side yard setback: to 4 ft. .9 ft. .9 ft. 3.1 ft. (77.5%) garage west Minimum total side yard setback: 12 ft. 17 feet to exterior .9 ft. 11.1 ft. (92.5%) stairs to second floor As per the submitted plans or lesser dimensions, BE APPROVED for the following reasons: 1.) The applicant has demonstrated this benefit cannot be achieved by other means feasible. The application states “The expansion of the bedroom could not be located elsewhere, and there is no desire from a visual or historic aspect to remove the existing garage.” 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 additions total approximately 130 square feet, representing a relatively minor change to the neighborhood. The bedroom addition (123.5 sq. ft.) will fill in an open area between the existing house and garage, thereby attaching the two structures. The expansion will not encroach further upon neighboring properties. 3.) The request for relief from the maximum principal building coverage may not be considered substantial at 25%. The relief associated with the garage now being attached and therefore needing to meet the setbacks for the principal structure may be considered substantial at 77.5% and 92.5% respectively. However, the location of the garage on the property, its size, and its proximity to the property lines will not change. 4.) The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The application indicates that the project would not have a negative physical or environmental effect on the neighborhood or district, but rather represents “a small addition with a minimal physical presence on the existing property.” The applicant has affirmed that the site would meet the district’s 25% permeability requirement. 5.) The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 10 of 11 Conditions: No additional accessory buildings on the site. Gary Hasbrouck seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-0 APPROVAL OF MINUTES: Approval of meeting minutes was deferred to the April 27, 2015 Zoning Board of Appeals Meeting. MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:27 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 6/8/15 City of Saratoga Springs - Zoning Board of Appeals – April 13, 2015 - Page 11 of 11