Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JUNE 8, 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; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; Skip Carlson; James Helicke; Susan Steer STAFF: Susan Barden, Senior Planner, City of Saratoga Springs 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: #2833 KIRBY BURNT HILLS REALTY, LLC NEW MULTI-FAMILIES, 6-14 Kirby Road, area variance to demolish five existing four-unit residences, and construct two (2) twenty-seven (27) unit buildings; seeking relief from the minimum lot size per dwelling unit, maximum principal building coverage and minimum parking requirements in the Urban Residential-2 District. #2835 HICKEY SUBDIVISION, 10 Avery Street, area variance for a two-lot subdivision; seeking relief from minimum mean lot width and minimum lot size requirements for each of the lots in the Urban Residential-3 District. #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. #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. #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. #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. NEW BUSINESS: 1. #2850.1 SARATOGA ACQUISITION, LLC MODIFICATION, 20 Fifth Avenue, interpretation and area variance modification for construction of an egress window well and accessory structures; seeking relief from the minimum side yard and minimum total side yard setback  requirements for the egress window well and minimum front and side yard setbacks and maximum accessory building coverage for the condenser units in the Urban Residential-1 District. SEQRA: Both actions appear to be Type II actions “Interpreting an existing code, rule or regulation” and “Granting of an area variance(s) for a single-family, two-family or three-family residence”, and therefore exempt from further SEQRA review Per 6NYCRR Part 617.5 (C) (13 and 31). PARCEL HISTORY: - Area variance for installation of a pool and front porch addition approved March 10, 2014. - Historic Review approval for re-roofing January 8, 2004. - Historic Review approval for window replacements October 2, 2003. - Historic Review approval for an addition July 10, 2003. INTERPRETATION: 5.5 C. Allows for nonconforming lots to be improved with single-family residences or accessory buildings. The definition of “accessory structure” includes buildings. Accessory buildings need to meet the district requirements within the area and bulk schedule. AREA VARIANCE CONSIDERATIONS: REQUIRED PREVIOUSLY PROPOSED TOTAL RELIEF APPROVED REQUESTED Maximum accessory building 8% 10% 11.6% 3.6% (45%) coverage: Minimum side yard setback: window 12 feet 8 feet 4 feet (33%) well Minimum total side yard setback 30 feet 12.5 feet 17.5 feet (58%) Minimum side yard setback: east (3 5 feet 3.5 feet 1.5 feet (30%) c/u) Minimum distance principal to 5 feet 0 feet 5 feet (100%) accessory: (all 5 c/u) Agent: Matthew J. Jones, attorney, Jones Firm Applicant: Mark and Sherri Holliday, Principal Saratoga Acquisition LLC Mr. Jones stated the applicants have been before the Board approximately 1½ years ago. Area variances requested from the Zoning Board of Appeals were granted in March of 2014. This application was generated due to the location of some condenser units. 3 are located on the east side, 2 more will be located on the west side of the property. There will be a total of 5 condenser units. These will be screened with shrubbery. The second component is the area well in the front. The basement is now habitable space which necessitates an egress window well. The application indicates that the window well does not extend farther than the porch addition on the same side of the house. The third component is construction of a small accessory structure for pool storage about 25 – 30 square feet. This does not in itself require a variance, but combined with the five condenser units this increases the lot coverage which necessitates a lot coverage variance. City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 2 of 12 Bill Moore, Chairman stated this will be a modification. On the previous variance granted a stipulation was noted no accessory structures are to be added to the property. At this time we now have 6 additional structures. Discussion ensued among the Board regarding the proposed variance modification. It was the determination of the Board that a variance modification is in order. Susan Barden, Senior Planner provided the Board with the wording from the City’s Zoning Ordinance. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:21 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard Adam McNeill, Secretary stated the Zoning Board of Appeals received the following communication: A letter dated June 4, 2015 from: -Tim & Claire Barnett, 24 Fifth Avenue -Laura Faulk & Jeremy Lansford, 16 Fifth Avenue -Rod & Amy Sutton, 12 Fifth Avenue -Theodoros Laddis & Kim Polli, 23 Fifth Avenue -Jim & Nancy Martinez, 15 Fifth Avenue Bill Moore, Chairman closed the public hearing at 7:06 P.M. A resolution will be presented at the end of the meeting. 2. #2837 HARVEY RESIDENTIAL LOT, 14 Bensonhurst Avenue, area variance to create a single family residential lot; seeking relief from the minimum average lot width and minimum lot area requirements 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 average lot width: 60 feet 50 feet 10 feet (17%) Minimum lot size: 6,600 sq. ft. 5,000 sq. ft. 1,600 sq. ft. (24%) Applicant: Bill and Priscilla Harvey The applicants are looking to create a lot and build a home which they can use for income during retirement. It will become rental property. No adjoining land is available for purchase on either side or from the owner’s lot to the rear on Myrtle Street. Municipal water and sanitary sewer are City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 3 of 12 available to the lot. An additional curb cut off of Bensonhurst would be required. Repair of the existing sidewalk after construction would be required. Keith Kaplan, Vice Chairman requested a more detailed plan be submitted to the Board. Mr. Harvey stated the garage can be taken out of the scenario. Bill Moore, Chairman requested a copy of the tax map for this area be provided to the Board to show that 50 x 100 lot is normal for the area. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:39 P.M. Adam McNeill, Secretary stated the Zoning Board of Appeals received the following correspondence: -email communication dated June 5, 2015 from Sarah & Eric Schenone -email communication dated June 5, 2015 from Abbey & Michael Kocan -email communication dated June 7, 2015 from Bob & Laura Doolin Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Bob Doolin, 24 Bensonhurst, stated the neighbors feel that building a home on a lot that is this narrow does not make sense. We bought our home a year ago with the expectation that that lot would stay vacant because it did not meet the requirements to build a home. If you look at the homes on either side of the lot or down the street there is good separation between the homes. Michael Kocan, 12 Bensonhurst. If another house is built on that property it will devalue our property. The height of the home would block significant sunlight to our home. Barbara McFarland, 19 Bensonhurst. I own an old 2 story home. I have been here the longest. Questioned the size of the building. Bill Moore, Chairman stated the only purview the Board has is concerning the width and size of the lot only. Bill Moore, Chairman stated we have requested information which will need in the next week. A resolution will be prepared and presented at the next Zoning Board of Appeals meeting on June 22, 2015. 3. #2838 RAMSEY RESIDENTIAL ADDITION, 116 Fifth Avenue, area variance to construct a new deck and handicap ramp additions to an existing single-family residence; seeking relief from the minimum rear yard setback and maximum principal building coverage requirements in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action and exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 4 of 12  REQUESTED Maximum principal building 20% 34.8% 14.8% (74%) coverage Minimum rear yard setback 30 feet 25.5 feet 4.5 feet (15%) Applicant: Kenneth Ramsey Agent: Lou Gallarneau, Gallarneau Builders Mr. Gallarneau stated the applicants are proposing a deck on the rear of the home with handicapped accessibility. We are retrofitting this home to make it totally accessible for Mrs. Ramsey. A deck is proposed off the master bedroom and family room which will provide access directly to the deck. There is a patio at the other end of the building which is the same size as the deck we are requesting. We are over the maximum principal building coverage at 34.8%. A visual presentation was provided for the Boards review. Susan Steer questioned the size of the proposed deck. Mr. Gallarneau reviewed the area which they are proposing as an entrance for Mrs. Ramsey to the home. In the future Mr. Ramsey would like to retrofit the front entry as well. An application for a variance has not yet been submitted for this project. Susan Steer questioned Mr. Gallarneau if he would be able to provide the information necessary for the front entry project as well, so all variances could be considered at one time. We will need principal coverage, lot coverage, and permeability. We would also like the existing lot coverage as well, including the lot coverage of other homes in the area. James Helicke questioned if either deck could be made smaller if possible. Mr. Gallarneau reviewed the Ramsey’s plan for the deck area. Bill Moore, Chairman stated we will need a revised denial from the Building Inspector. Mr. Gallarneau will submit the necessary information to the Board as soon as possible. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:15 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 Zoning Board of Appeals scheduled for June 22, 2015. 4. #2839 SMITH/FITTS RESIDENTIAL ADDITION, 7 Stratton Street, area variance to construct a second story addition to an existing single-family residence; seeking relief from the minimum side yard setback, minimum side yard setback, minimum side yard setback requirement in the Urban Residential-3 District. SEQRA: City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 5 of 12 Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum side yard 4 feet 1.5 feet 1.5 feet 2.8 feet (62.8%) setback: north Applicant: Erik Smith & Lisa Fitts Agent: Eric Vickerson, Architect Mr. Vickerson stated the applicants are proposing a second story master bedroom/bath addition over the existing kitchen. This will stay within the existing footprint of the home. The house is preexisting nonconforming on the north side. The addition would not encroach further into the nonconforming setback. By adding a third bedroom on the back of the house the house maintains its very attractive curb appeal. Adam McNeill, Secretary questioned why the addition could not be added on to the back of the home. Mr. Vickerson explained extending the home back further off the kitchen would not stay within the character of the home. Susan Barden, Senior Planner stated no windows will be permitted on the north side of the home. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:26 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Mary Jane Pelzer, 9 Stratton Street. I have not seen the new owners. I am affected more than the neighbor on the south side. I am curious what might be planned. I would really be uncomfortable if the setback came any closer to the property line. My driveway was literally unsafe. The ice was so incredible this winter. I will have to have my fence taken down due to the ice damage from the existing structure. I am concerned regarding the ice and snow. Bill Moore, Chairman stated a resolution will be prepared and presented at the next Zoning Board of Appeals meeting scheduled for June 22, 2015 in two weeks. 5. #2840 OKOSKY RESIDENTIAL ALTERATION, 11 Lakewood Drive, area variance to construct an egress window well to an existing single-family residence; seeking relief from the minimum side yard setback requirement 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: City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 6 of 12  REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 12 feet 11.8 feet .2 feet (1.7%) Applicant: Marcia and Paul Okosky, owners Agent: Lou Gallarneau, Gallarneau Builders Mr. Gallarneau stated the applicant is proposing an egress window well to an existing single-family residence. The minimum total side yard setback of 30 feet is compliant. The egress window well is below grade and not visible. No other feasible means of egress from the bedroom. No additional land is available. No undesirable change in the character of the neighborhood or detriment to nearby properties. Discussion ensued regarding the side yard setbacks. The applicant will need a total side yard setback as well. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:39 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. A resolution will be prepared and presented at the next Zoning Board of Appeals meeting on June 22, 2015. 6. #2841 HOMBERGER TWO-LOT SUBDIVISION, 3 East Broadway, area variance to create two single-family residential lots; seeking relief from the minimum mean lot width and minimum lot size requirements for one of the proposed lots in the Urban Residential-2 District. RECUSAL: Board member James Helicke recused himself from this application. SEQRA: Action appears to be unlisted. Applicant will need to submit a short EAF. PARCEL HISTORY: -City Council consideration of proposed zoning map amendment from UR-6 to UR-2 granted June 3, 2003. -Planning Board advisory opinion to the City Council of proposed map amendment, favorable April 30, 2003. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum average lot width: Lot 1B 60 feet 58 feet 2 feet (3%) City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 7 of 12 Minimum lot size: Lot 1B 6,600 sq. ft. 6,400 sq. ft. 200 sq. ft. (3%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: -City Planning Board Advisory Opinion required -Planning Board subdivision approval required Applicant: Kendra Homberger, Owner Agent: Paul Male, Engineer Mr. Male stated this is an existing lot on the corner of East Broadway and Cleveland about 12,924 square feet. This is zoned UR-2. We are proposing two lots one of which will be conforming. The second lot is deficient at 6,400 square feet where 6,600 square feet is required. We are looking for two variances - one for lot width and one for minimum lot size. The variance is not substantial and would create a lot that fits the neighborhood. There is no land for purchase at this time. All homes in the vicinity of this lot are zoned UR-2 with comparable average widths and areas. The lots would be improved with the new single family homes. Municipal water and sanitary sewer are available to the proposed new lot. Two curb cuts are proposed - one is off East Avenue and one is off Cleveland. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:42 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Wally Berger, 10 Cleveland Avenue stated he is the applicant’s next door neighbor. The applicant has lived in the neighborhood for over 40 years and we want her to stay here. Bill Moore, Chairman stated the public hearing will remain open. An Advisory Opinion from the Planning Board is a requirement. Keith Kaplan, Vice Chairman made a motion to obtain an Advisory Opinion from the Planning Board in the matter of the Homberger Two-Lot Subdivision. Gary Hasbrouck 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 MOTION PASSES: 6-0 Bill Moore, Chairman stated this application will return before this Board following receipt of the Advisory Opinion from the Planning Board. Board member James Helicke resumed his position on the Board. The Board recessed at 8:50 P.M. The Board reconvened at 9:00 P.M. City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 8 of 12 A resolution was prepared and presented for Agenda Item #1. 1. #2850.1 SARATOGA ACQUISITION, LLC MODIFICATION, 20 Fifth Avenue, interpretation and area variance modification for construction of an egress window well and accessory structures; seeking relief from the minimum side yard and minimum total side yard setback requirements for the egress window well and minimum front and side yard setbacks and maximum accessory building coverage for the condenser units in the Urban Residential-1 District. James Helicke presented the following resolution. Appeal #2750.1 IN THE MATTER OF THE APPEAL OF Saratoga Acquisition, LLC Marc & Sheree Holliday 20 Fifth Avenue Saratoga Springs, NY 12866 Whereas, the applicant having applied for an area variance for relief from the City Zoning Ordinance regarding the maximum principal building coverage, maximum accessory building coverage and minimum side yard setback in connection with construction of a new front porch to an existing single-family residence and installation of a swimming pool in an Urban Residential – 1 zoning district, and public notice having been duly given of a hearing on said application on February 24, 2014 and March 10, 2014. Whereas, on March 10, 2014, this Board granted an area variance for the following relief: Type of Requirement Required Existing Proposed Total Relief Requested Maximum principal building coverage 20% 29% 31.5% 11.5% (57.5%) Maximum accessory building coverage 8% 5% 10% 2% (25%) Minimum side yard setback 12 feet 6.5 feet 6.5 feet 5.5 feet (46%) Whereas, the applicant has now submitted an amended application for construction of an egress window well, pool equipment structure and five condenser units requiring additional relief from the maximum accessory building coverage, minimum side yard setback and minimum total side yard setback in an Urban Residential – 1 zoning district, and public notice having been duly given of a hearing on said application on June 8, 2015. In consideration of the balance between the 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, as described in the amended application, be approved: Required: Previously Proposed: Total relief Type of Requirement approved: requested: Maximum accessory building 8% 10% 11.6% Additional 1.6% coverage: (total 3.6%) (45%) Minimum side yard setback: window 12 feet 8 feet 4 feet (33%) City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 9 of 12 well Minimum total side yard setback: 30 feet 12.5 feet 17.5 feet (58%) Minimum side yard setback: east (3 5 feet 3.5 feet 1.5 feet (30%) c/u) Minimum distance principal to 5 feet 0 feet 5 feet (100%) accessory: (all 5 c/u) 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. As the application indicates, because reasonable use of the basement space for a media room requires egress. It is not practicable for the window well to be located anywhere else on the property. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. As the application states, “The condensing units will be shielded from the view of the neighbors to the east, “Landscaping and privacy hedges will provide both a visual and noise barrier”. The basement egress window well is at-grade and would not be visible to adjoining neighbors. 3. The relief requested may be considered substantial, but it is to accommodate an at-grade basement egress window well and five 10 sq. ft. condenser units, which are minor improvements to the site. 4. The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The percentage of permeability will be 52.4%, which exceeds the required 30% permeability. 5. The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. Conditions of Approval: No additional accessory building on this site Note: 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; 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 APPROVAL OF MINUTES: City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 10 of 12 Gary Hasbrouck made a motion to approve the April 13, 2015 Zoning Board of Appeals minutes as submitted. Susan Steer seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, abstained; Susan Steer, in favor; Adam McNeill, Secretary, abstained; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-0-2 Keith Kaplan, Vice Chairman made a motion to approve the April 27, 2015 Zoning Board of Appeals meeting minutes as submitted. 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 Keith Kaplan, Vice Chairman made a motion to approve the May 11, 2015 Zoning Board of Appeals meeting minutes as submitted. Gary Hasbrouck seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, abstained; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, abstained MOTION PASSES: 5-0-2 James Helicke made a motion to approve the May 18, 2015 Zoning Board of Appeals meeting minutes as submitted. Susan Steer 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 City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 11 of 12 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 9:10 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 6/22/15 City of Saratoga Springs - Zoning Board of Appeals – June 8, 2015 - Page 12 of 12