Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, OCTOBER 26, 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 Tony Izzo, Deputy 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: #2860 80 W. CIRCULAR, LLC SERVICE USE, 80 West Circular Street, use variance for a service establishment in the north end of the building; seeking relief from the permitted uses within the Warehouse District. #2862 TRIFECTA DEVELOPMENT, LLC SUBDIVISION, 136 Lincoln Avenue, area variance to provide for a two-lot residential subdivision; seeking relief from the minimum average lot width (both lots), minimum lot size and minimum total side yard setback requirements in the Urban Residential-2 District. #2856 MOORE HALL, 28 Union Avenue/35 White Street, area variance to convert the existing building to a 53 unit Apartment building; seeking relief from the minimum lot size and minimum parking requirement in the Urban Residential-4 District. #2852 STARLING RESIDENTIAL EXPANSION, 134 Crescent Street, area variance to construct second-story Expansions to an existing single-family residence; seeking relief from the minimum front yard setback requirement 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. #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 requirement in the Transect-4 District. NEW BUSINESS: 1. #2741.1 WOODLAWN DEVELOPMENT, LLC APPROVAL EXTENSION, 100-108 Woodlawn Avenue, extension of an Area variance granted March 10, 2014 to permit the construction of a single-family carriage house and parking structure and creation of a parking area associated with the reconstruction of a multi-family residential structure. PARCEL HISTORY: - Area variance to construct a single-family carriage house, as well as a parking structure and the creation of a parking area associated with the reconstruction of a multi-family residential structure, granted March 10, 2014 - Demolition permit issued September 27, 2013. - 100-108 Woodlawn Avenue was determined to have a pre-existing non-conforming multi-family residential use; specifically, 15 residential units. SEQRA – ORIGINAL ACTION: -Action was classified as Type I. -Involved agencies included Planning Board (site plan review) and DRC (historic review). -Type I actions require a long EAF and Coordinated Review. -January 13 the Board passed motions to Coordinate Review and defers Lead Agency Status to the Planning Board. -The Planning Board issued a SEQRA Negative Declaration on February 12. -No further SEQRA action is required for an extension. REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum one principal building on any one lot One building One building Two buildings One additional building (100%) Maximum principal building coverage: two buildings combined 30% 38% 45% 15% (50%) Minimum site to remain permeable 25% 24% 9% 16% (64%) Minimum rear yard setback: to two family 25ft. 1.5ft. 23.5ft. Minimum side yard setback: to parking 5 ft. 3ft. 2ft. (40%) Minimum side yard setback: to parking 5ft. 0ft. 5 ft. (100%) The applicant is requesting an 18 month extension to March 10, 2017. The original timeframe was not sufficient stating a delay with negotiations with the Department of Labor, an asbestos abatement plan to save the structure and obtaining a building permit. The circumstances upon which the original variance was granted have not changed. No other changes in the neighborhood have taken place. No representation for this application. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:02 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 7:03 P.M. James Helicke presented the following resolution. IN THE MATTER OF THE APPLICATION OF WOODLAWN DEVELOPMENT, LLC City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 2 of 11  2 FRANKLIN SQUARE SUITE E2 SARATOGA SPRINGS, NY 12866 Based upon submitted evidence that the application for an extension of a granted Area Variance does not significantly differ from the original application and approval, and that there have been no significant changes in the condition of the neighborhood warranting otherwise, the board moves that the application of Woodlawn Development, LLC involving the premises at 100-108 Woodlawn Avenue in the City of Saratoga Springs, and identified by tax parcel no. 165.51-2-72.1, originally granted on March 10, 2014 for construction of a single-family carriage house, as well as a parking structure and the creation of a parking area associated with the reconstruction of a multi-family residential structure in an UR-3 district be APPROVED, and that the variance approval be extended for 18 months from the date that such resolution would have expired if not extended, September 10, 2015, with the new expiration date to be March 10, 2017. The variance shall expire on March 10, 2017 unless the necessary building permit has been issued and actual construction begun as per Article 240-8.5.2 or otherwise further extended. 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: 2. #2857 TROUTMAN AND DAGNESE ADDITION, 29 Beekman Street, area variance for a two story addition to the rear of an existing two-family residence; seeking relief from the minimum side yard setback requirement in the Neighborhood Complementary Use – 1 District. This application was heard at the September 28, 2015 meeting and adjourned to October 19, 2015 and then to October 26, 2015. The public hearing was closed on October 19, 2015. DISCLOSURE: Keith Kaplan, Vice Chairman stated on this matter he missed the first meeting concerning this application. He viewed the webcast and is informed on this application. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Would anyone in the audience wish to comment on this application. None heard. Bill Moore, Chairman, closed the public hearing at 7:06 P.M. Skip Carlson presented the following resolution. City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 3 of 11  IN THE MATTER OF THE APPEAL OF AMANDA TROUTMAN AND MICHAEL DAGNESE 29 BEEKMAN STREET SARATOGA SPRINGS, NY 12866 From the determination of the Building Inspector involving the premises at 29 Beekman Street in the City of Saratoga Springs, NY, being tax parcel number 165.74-2-54 in the inside tax district on the assessment map of said City. The appellant having applied for a two-story addition to the rear of an existing two-family residence; seeking relief from the minimum side yard setback requirement in the Neighborhood Complementary Use – 1 District. Public notice having been duly given of a hearing on said application on September 28 and October 19, 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 Min. Side Yard Setback: 4 feet 2.75 feet 1.25 feet (31.25%) 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. The applicant states that there is no additional land for purchase to make the lot larger. The applicant also states that, “Placing the addition to the south of the existing structure minimizes natural light into the apartments, requires the removal of an existing large tree and places the addition closer to the adjacent house to south making the lot and neighborhood appear more crowded and lessens privacy”. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. The application states, “The addition style and architecture will be consistent with the existing 1880 built structure as well as with the neighborhood. The addition is proposed to be located at the northwest side of the existing home; furthest from the neighbor to south with a minimal view of addition from Beekman”. 3. The variance of 1.25 feet or 31.25% relief requested may be considered substantial. However, the setback is pre-existing and increases as the building extends to the west. 4. The relief requested will not produce any adverse physical or environmental effect on the neighborhood. The large central tree will remain, all roof drainage will remain the same, the addition will not impact any neighbor’s views or sunlight and with the addition, there is under 30% lot coverage and the site exceeds 25% permeability. 5. The request for relief may be considered a self-created hardship. However, self-creation is not necessarily fatal to the application. Gary Hasbrouck seconded the motion. Bill Moore, Chairman asked if there was any further discussion. City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 4 of 11 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. #2861 COONS RESIDENCE, 77 Madison Street, area variance to demolish and rebuild a single-family residence; Seeking relief from the minimum side yard and minimum total side yard setback requirements in the Urban Residential-2 District. RECUSAL: Bill Moore, Chairman recused from this application. Keith Kaplan, Vice Chairman assumed the duties of the chair. This application was heard at the October 19, 2015 meeting and adjourned to October 26, 2015. The public hearing was opened and remains open. The Board requested a site to remain permeable calculation, awaiting submission of that information from the applicant. Updated survey of the proposed plan and revised denial were provided to the Board. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing remains opened. Would anyone in audience wish to comment on this application. None heard. Keith Kaplan, Vice Chairman closed the public hearing at 7:12 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2861 IN THE MATTER OF THE APPEAL OF Jon Coons 77 Madison St Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 77 Madison St, in the City of Saratoga Springs, New York being tax parcel number 178.28-1-55 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 demolition of an existing residential structure and the construction of a new single-family residence in a UR-2 District and public notice having been duly given of a hearing on said application held on the 19th and 26th day of October 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: City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 5 of 11 TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MINIMUM SIDE YARD SETBACK- SOUTH 8’ 4’ 4’ OR 50% TOTAL SIDE YARD SETBACK 20’ 14’ 6’ OR 30% 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 Board notes that the dimensions of the lot preclude moving the house over to the right (north) without diminishing the amount of room for the driveway on the north side. The Board further notes that the proposed south side yard encroachment is substantially the same as existing 5 feet, with the variance request reflecting slightly more due to overhangs. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant’s proposal is to build a single family residence to replace the existing one; the Board concludes character will not be affected adversely. Furthermore, the Board notes that the proposed house conforms with the district principal building coverage requirement, including having a garage as part of the structure. 3. These variances are substantial. However, it should be kept in mind that the dimensional relief required is roughly consistent with the existing house. The Board finds no substantial incremental impact to this project. 4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district. The proposed amount of 66.5% permeable surface will more than meet the district requirement of 25%. 5. The alleged difficulty is self-created insofar as the applicant desires to replace this residential structure, but this is not necessarily fatal to the application. Adam McNeill, Secretary seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, recused; 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: 6-0 Bill Moore, Chairman resumed his position on the Board. Keith Kaplan, Vice Chairman resumed his position on the Board. 4. #2863 RAILROAD PLACE PARTNERS WALL SIGNS, 60 Railroad Place, area variance to construct wall signs on the north and south facades of the building; seeking relief from the maximum number of wall signs on one façade and to erect signs on a façade without street frontage in the Transect-6 District. This application was heard at the October 19, 2015 meeting and adjourned to October 26, 2015. The public hearing was Opened and remains open. City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 6 of 11 NOTIFICATIONS/APPROVALS/CONDITION OF APPROVALS: Saratoga County referral – response No significant County Wide or Inter Community Impact received October 19, 2015. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Would anyone in the audience wish to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 7:18 P.M. Skip Carlson presented the following resolution. IN THE MATTER OF THE APPEAL OF RAILROAD PLACE PARTNERS 60 RAILROAD PLACE SARATOGA SPRINGS, NY 12866 From the determination of the Building Inspector involving the premises at 60 Railroad Place in the City of Saratoga Springs, NY, being tax parcel number 165.59-1-78.1 on the Assessment Map of said City. The Applicant having applied for an area variance to construct wall signs on the north and south facades of the building; seeking relief from the maximum number of wall signs on one façade and to erect signs on a façade without street frontage in the Transect-6 District and public notice having been duly given of a hearing on said application on October 19 and October 26, 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 Maximum no. of wall signs 1 2 1 (100%) per street frontage: North Maximum no. of wall signs per street frontage: South 0 2 2 (200%) 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 application states, “Alternative designs incorporating the address into a single sign were not as effective as submitted in identifying the address in a tasteful and architecturally compatible manner”. 2. The Applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. The application states, “The neighborhood is a fully developed T-6 Urban Core with commercial buildings on all sides”. City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 7 of 11  3. The request for relief to allow two signs on a façade without street frontage may be considered substantial at 200% and the relief to allow two signs on the north elevation may be considered substantial at 100%. The requested variance is somewhat mitigated by the fact that the square footage area of the signs in question is less than 50% of the maximum square footage allowed in the district. 4. The relief requested will not produce any adverse physical or environmental effect on the neighborhood. The sign will not have any lighting at all and the existing free-standing sign will be eliminated. 5. The request for relief is considered self-created. The self-creation difficulty is not necessarily fatal to the application. 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 5. #2764 THE CHILDREN’S MUSEUM ADDITION, 69 Caroline Street, area variance to construct a second-story rear Addition to the existing building; seeking relief from the minimum side yard setback requirement in the Urban Residential-4 District. This application was heard at the October 19, 2015 meeting and adjourned to October 26, 2015. The public hearing was opened and remains open. Agent: Vic Cinquino, Architect. Mr. Cinquino architect for the project stated they were before the Board last week for relief from side yard setback. The issue of parking came up. My parking calculations were based on 1999 calculations for 1 per 450 sq. ft. There is no reference for museum parking. Cultural facility calculation is 1 per 300 sq. ft. which seems to be applicable to our application. I am requesting the Board consider the original 1999 calculation for the current portion of the building which is 19 cars. We are adding basically 1107 sq. ft. for the addition at a calculation of 1 per 300 sq. ft. for an additional 4 cars. Which gives us a total of 23 cars we currently have 25 car capacity requiring no variance. Susan Barden, Senior Planner stated she is fine with this calculation. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 7:26 P.M. City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 8 of 11 Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF The Children’s Museum 69 Caroline Street Saratoga Springs, New York 12866 from the Building Inspector’s determination for the same premises, identified as Tax Parcel Section 160.60-2-66, 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 Minimum side yard setback in an UR-4 zoning district in order to construct a 2nd story addition on an existing structure; and public notice having been duly given of a hearing on said application held on October 19th & 26th, 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 Side Yard 20 feet 11 feet 9 feet (45%) Setback 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The application states, “We explored expanding within the setbacks, but this would reduce available parking and/or reduce green space.” 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 proposed 2nd story addition is minimal. It is at the rear of the existing building and not very visible.” The Board notes use of the 2nd story addition will be consistent with the present use of the property. 3) The relief requested may be considered substantial in % terms. The application states, “….the new construction will be placed on top of an existing 1st floor that was granted side yard relief on 1-26-2000.” The Board notes the construction of this 2nd floor addition will not encroach any further into the setbacks than the existing 1st floor structure. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. Minimum percent to remain permeable requirements are met. 5) The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Notes: Planning Board site plan review required DRC historic review required Susan Steer, Secretary seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 9 of 11 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 ADDITIONAL AGENDA ITEM: 6. #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. Bill Moore, Chairman stated the above referenced application appeared before the Board on April 13, 2015. We granted relief. In the construction of this home an error occurred. Required: Proposed: Minimum side yard setback: South side 20 ft. 13.5 ft. Minimum side yard setback: North side 20 ft. 14.5 ft. Minimum total side yard setback: 45 ft. 28. ft Minimum average lot width: 100 ft. 74.67ft. Tony Izzo, Assistant City Attorney stated the Board can certainly modify the variance. These were not in front of you when the original application was presented to the Board. It is a minimal variation. You can entertain a motion to modify the relief from the previous variance. We do have to follow procedure. The applicant needs to apply for a modification. The Board is in agreement the applicant needs to apply for a variance modification. APPROVAL OF MINUTES: Keith Kaplan, Vice Chairman made a motion to approve the September 14, 2015, Meeting Minutes with additions or corrections. 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 September 28, 2015 Zoning Board of Appeals Meeting Minutes with additions or corrections. 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, abstained; James Helicke, in favor; MOTION PASSES: 6-0 City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 10 of 11 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:45 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 12/7/15 City of Saratoga Springs - Zoning Board of Appeals – October 26, 2015 - Page 11 of 11