Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JUNE 22, 2015 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:00 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 arrived at 7:05 P.M. 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: #2841 HOMBURGER 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. #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. #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. OLD BUSINESS: 1. #2835 HICKEY SUBDIVISION, 10 Avery Street, area variance for a two-lot subdivision; seeking relief from the minimum mean lot width and minimum lot size requirements for each of the lots in the Urban Residential-3 District. This application was heard at the May 11, 2015 meeting and adjourned for advisory opinion from the Planning Board. The public hearing was opened and remains open. The Planning Board issued a  favorable advisory opinion on May 27, 2015. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL Per 9.4.6 City Planning Board advisory opinion required – favorable advisory opinion issued. Planning Board subdivision approval required. NOTE: Board Member James Helicke was absent at the June 8, 2015 ZBA Meeting. He has reviewed the webcast and feels confident in the application to render a vote this evening. Board Secretary Adam McNeill was absent at the June 8, 2015 ZBA Meeting. He has reviewed the webcast and feels confident in the application to render a vote this evening. 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 7:03 P.M. SEQRA: Action appears to be Unlisted. Applicant submitted a short EAF Part I. The Board reviewed Part I of the SEQRA Short EAF form submitted by the applicant. The Board reviewed Part II of the SEQRA EAF. No large or important areas of concern were noted. Keith Kaplan, Vice Chairman made a motion for a SEQRA Negative Declaration. Gary Hasbrouck 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 Gary Hasbrouck presented the following resolution. #2835 IN THE MATTER OF THE APPEAL OF Diane Hickey and Ann Tapio 10 Avery Street City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 2 of 11  Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 10 Avery Street in the City of Saratoga Springs, New York being tax parcel number 166.37-2-59 in the Inside District, on the Assessment Map of said City. Whereas, the appellant having applied for an area variance under the Zoning Ordinance for minimum mean lot width and minimum lot size requirements for a 2 lot subdivision in an Urban Residential -3 zoning district and public notice having been duly given of a hearing on said application held on May 11 and June 22, 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 variances for the following amount of relief or lesser dimensions, be approved: Required: Proposed: Total relief requested: Minimum lot size – lot 1 6,600 sq. ft. 6,400 sq. ft. 200 sq. ft. (3%) Minimum mean lot width – lot 1 60 ft. 50 ft. 10 ft. (17%) Minimum lot size – lot 2 6,600 sq. ft. 6,478 sq. ft. 122 sq. ft. (2%) Minimum mean lot width – lot 2 60 ft. 50 ft. 10 ft. (17%) 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The application states, “…we are unable to purchase additional property”. 2. The board notes that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The neighborhood is characterized by multi-family and single-family properties with similar lot widths. 3. The relief requested is not substantial. The application states, “The lot is consistent with adjacent homes and homes across the street. The average of the two adjacent lots and the 3 lots across the street are 6,260 sq. ft. The requested variance lots are 6,400 sq. ft. and 6,478 sq. ft.” 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states, “The new proposed home will blend nicely into the neighborhood”. And, “Existing home will meet side setback next to proposed subdivision”. 5. The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Note: Planning Board subdivision approval required. 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 City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 3 of 11  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. This application was heard on June 8, 2015 and adjourned to June 22, 2015. The public hearing was opened and remains open. The Board requested a portion of the tax map to evaluate lot widths and areas in the neighborhood. Bill Moore, Chairman stated the materials which were requested were submitted by the applicant. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Bill and Priscilla Harvey Agent: Jesse Boucher, Kodiak Construction Bill Moore, Chairman asked if there was any further questions or comments from the Board. James Helicke questioned the applicant concerning selling this parcel to a neighbor. An offer was previously made. Mrs. Harvey stated an unacceptable offer was made to them well below market value. 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. Bob Dillon questioned if this proposal being revised to fit into the specifications. Bill Moore, Chairman stated the only action being taken this evening is whether a home could be built on this lot. James Helicke interjected that it will have to meet all of the zoning regulations. SEQRA: Action appears to be an Unlisted Action. Applicant submitted an updated short EAF which the Board reviewed. Part II of the SEQRA Short EAF was reviewed by the Board and no large or important areas of concern were noted. Bill Moore, Chairman made a motion for a negative SEQRA Declaration. 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; James Helicke, in favor MOTION PASSES: 7-0 City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 4 of 11 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 7:23 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2837 IN THE MATTER OF THE APPEAL OF Bill and Priscilla Harvey 17 Myrtle St. Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 14 Bensonhurst Ave in the City of Saratoga Springs, New York being tax parcel number 165.57-1-67 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 designation of an undersized lot to be a single-family residential lot in a UR-2 District and public notice having been duly given of a hearing on said application held on the 8th and 22nd days of June 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 variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM AVERAGE LOT WIDTH 60’ 50’ 10’ OR 16.7% MINIMUM LOT SIZE 6600 SF 5000 SF 1600 SF OR 24.2% As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The applicants note they cannot adjust the lot line from their adjacent lot to provide more land without creating a new non-conforming situation on the other lot. The applicants note that no land is available from other adjacent lots. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The board notes that the greater potential impact exists to adjacent side neighbors than the back neighbors, since the lot depth of 100 feet is consistent on that street among the other lots. This lot exists as a separate lot now; developing it would be consistent with other lots of the same width in the neighborhood, of which there are several; character would be affected more if the applicants were seeking setback variances on the sides- which they are not doing. 3. The Board finds the square footage variance to be substantial; however, as noted above the side setbacks are expected to be maintained as per district requirements. This mitigates the potential impact to neighbors of having a smaller lot. The board finds the lot width variance to not be substantial in this case. 4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district. Based on the information provided so far to the Board, the proposed amount of permeable surface is City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 5 of 11  expected to exceed the district requirement of 25%. 5. The alleged difficulty is self-created insofar as the applicant desires to designate this lot as a single-family residential lot, but this is not necessarily fatal to the application. James Helicke 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 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. This application was heard on June 8, 2015 and adjourned to June 22, 2015. The public hearing was opened and remains open. Additional information was requested; specifically, percentages of principal lot coverages in the neighborhood design alternatives (minimum relief required). Response received from the applicant and emailed to the Board. SEQRA: Action appears to be a Type II action and exempt from further SEQRA review. Applicant: Kenneth Ramsey Agent: Lou Gallarneau, Gallarneau Builders James Helicke discussed the size of the two proposed decks. Mr. Gallarneau reviewed the proposal of the applicants, and questioned the proposal for creating a handicap front entrance and ramp which was added to this application. Susan Barden, Senior Planner provided information to the Board concerning the proposed alterations to the front entrance. 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 7:34 P.M. City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 6 of 11 Susan Steer presented the following resolution. MOTION IN THE MATTER OF THE APPEAL OF GALARNEAU BUILDERS INC. 116 FIFTH AVENUE SARATOGA SPRINGS, NY 12866 From the determination of the Building Inspector involving the premises at 116 Fifth Avenue in the City of Saratoga Springs, NY, being tax parcel number 166.14-4-36 on the Assessment Map of said City. The Applicant having applied for an area variance to construct new decks and handicap ramps to the front and rear of an existing single-family residence, seeking relief from the minimum rear yard setback requirement and the maximum principal building coverage in the Urban Residential-1 District and public notice having been duly given of a hearing on said application on June 8 and 22, 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: Type of Requirement District Dimensional Proposed Relief Requested Requirement Minimum Rear Yard 30 feet 25.5 feet 4.5 feet (15%) Setback Maximum Principal 20% 34.5% 14.5% (73%) Building Coverage 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 purpose of the ramps and decks is to increase the amount of outdoor space that is handicapped accessible and provide front and rear access to the house. 2. The Applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to nearby properties. Most of the construction is on the rear of the home and will not be visible from the street and the principal building coverage is similar to that of the adjacent parcels. 3. The request for relief may be substantial at 15% and 73%, but this is due to the fact that the extra footage at the rear of the residence is necessary to build a ramp that will make the rear of the home accessible to the proposed deck. Further, the size of the deck, while it may be considered substantial, will be low to the ground and will permit the Applicant to enjoy more of the outdoor space. 4. The Applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood; the minimum 30% permeability requirement will be exceeded, proposed is 55%. City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 7 of 11  5. The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. Condition: No additional accessory structures 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 NOTE: The agenda was heard out of order due to application #3 and #4 are both being presented by Mr. Galarneau. 4. #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. This application was heard on June 8, 2015 and adjourned to June 22, 2015. The public hearing was opened and remains open. 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. None heard. Bill Moore, Chairman closed the public hearing at 7:44 P.M. Skip Carlson presented the following resolution. #2840 IN THE MATTER OF THE APPEAL OF Paul and Marcia Okosky 11 Lakewood Drive Saratoga Springs, NY 12866 City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 8 of 11 from the determination of the Building Inspector involving the premises at 11 Lakewood Drive in the City of Saratoga Springs, New York being tax parcel number 166.11-2-13 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 construct an egress window well to an existing single-family residence; seeking relief from the minimum side yard setback and minimum total side yard setback requirements in a UR-1 District. Public notice having been duly given of a hearing on said application held on the 8th and 22nd days of June, 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 amount of relief: Required: Proposed: Total relief requested: Minimum side yard setback: 12 feet 11.5 feet .5 feet (4%) Min. total side yard setback: 30 feet 26.8 feet 3.2 feet (10.7%) 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 applicant states “egress needs to be from the bedroom…and no additional land is available (for sale)”. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to nearby properties. The basement window egress “escape well” is below grade. 3. The request for relief for minimum side yard setback may not be considered substantial at 4%. The relief for minimum total side yard setback at 14.7 feet or 49% is substantial but is mitigated by the fact that is the existing total side yard setback, minus the additional .5 feet that would be granted by this variance. 4. The relief requested will not produce any adverse physical or environmental effect on the neighborhood as the egress window is not visible from the street or surrounding properties. 5. The request for relief is considered self-created. The self-created difficulty is not necessarily fatal to the application. James Helicke 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 5. #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. This application was heard on June 8, 2015 and adjourned to June 22, 2015. The public hearing was opened and City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 9 of 11 remains open. 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. None heard. Bill Moore, Chairman closed the public hearing at 7:47 P.M. Adam McNeill presented the following resolution. #2839 IN THE MATTER OF THE APPEAL OF Erik Smith & Lisa Fitts 7 Stratton Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 7 Stratton Lane in the City of Saratoga Springs, New York being tax parcel number 165.84-1-83 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 an addition to a single-family residence in a UR-3 District and public notice having been duly given of a hearing on said application held on the 8th and 22nd days of June, 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 amount of relief: Required: Existing: Proposed: Total relief requested: Minimum side yard setback: north 4 feet 1.5 feet 2.5 feet 1.5 feet (37.5%) 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 encroachment already exists and this proposed addition is to stay within the existing footprint. The need for relief was triggered by the proposal for a second-story addition to the portion of the residence encroaching over the setback line. The applicant notes that plans were evaluated to step the addition in from the side yard setback, however that was found to be not feasible aesthetically and architecturally. 2. The board notes that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. 3. The Board notes this variance could be considered substantial; however, as noted above it is a continuation of an existing pre-existing nonconformity and under this proposal the footprint of the house would not change. City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 10 of 11  4. The board concludes this variance will not have significant adverse physical or environmental effect on the neighborhood or district. The proposed amount of permeable surface will not change as this is an addition to the second floor. 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. Susan Steer 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: Keith Kaplan, Vice Chairman made a motion to approve the June 8, 2015 Zoning Board of Appeals Meeting minutes as submitted with additions or corrections as noted. 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 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 7:50 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 7/13/15 City of Saratoga Springs - Zoning Board of Appeals – June 22, 2015 - Page 11 of 11