Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, OCTOBER 11, 2016 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; Susan Steer; Adam McNeill, Secretary; Gary Hasbrouck; Skip Carlson; Cheryl Grey, alternate ABSENT: James Helicke 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: #2907 DELARM RESIDENTIAL ADDITION, 96 Quevic Drive, area variance for construction of an attached garage addition to an existing single-family residence and maintenance of a shed; seeking relief from the minimum front yard and side yard setbacks for the residential addition and minimum side yard and maximum accessory building coverage for the shed in the Urban Residential-1 District. #2915 OBSTARCZYK GARAGE, 147 Spring Street, area variance to construct a detached, two car, two story garage, seeking relief from the minimum side yard setback and minimum distance between accessory and principal structure in the Urban Residential-3 District. #2778.1 GUARINO/HANER EXTENSION, 21 Park Place, area variance extension for construction of two (2) two family residences; relief from the minimum front yard setback and maximum principal building coverage granted December 15, 2014. #2903 CAPOZZOLA HOME OCCUPATION, 57 Gilbert Road, area variance to maintain a home occupation in a detached garage; seeking relief to permit a home occupation in an accessory structure (residential), to exceed the maximum floor area and number of employees for home occupations in the Rural Residential District. #2889 CDJT DEVELOPMENT MULTI-FAMILY, 124 Jefferson Street, use variance to convert an existing 6-unit senior housing development to multi-family residential including workforce housing; seeking relief from the permitted uses in the Urban Residential-2 District #2880 ARMER/DESORBO RESIDENCE, 117 Middle Avenue, area variance for additions to an existing single-family residence; seeking relief from the minimum side and rear yard setbacks and maximum principal building requirements in the Urban Residential-4 District. #2980 BARLOW RESIDENCE, 2 Cherry Tree Lane, area variance to construct an attached garage and breezeway to an existing single-family residence; seeking relief from the minimum side yard setback requirements in the Rural Residential District. #2891 BALLSTON AVENUE PARTNERS SUBDIVISION, 96 Ballston Avenue, area variance to provide for a proposed 22 Lot subdivision and construct 22 townhouse units; seeking relief from the minimum lot size and minimum average lot width requirements for each of the proposed lots, minimum side yards, minimum total side yard and maximum principal building coverage requirements for each of the townhouse units in the Urban Residential-2 District. #2899 SOUTH BROADWAY INN & SPA SIGN, 120 South Broadway, area variance for a freestanding sign, seeking relief from the maximum size and height requirements in the Transect-5 District. NEW BUSINESS: #2914 SAMES MIXED USE BUILDING, 20 Bowman Street, area variance to convert existing one-story building to eating and drinking and add a second story for a residential unit, seeking relief from the minimum front and side yard setbacks for the second story addition and minimum front, side and rear yard setbacks to parking in the Tourist Related Business district. SEQRA: Action appears to be Unlisted. Part 1 of the short form was submitted. Part II of the SEQRA short form needs to be completed. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 40 ft. (abuts UR-2) 6.8 ft. 33.2 ft. (83%) Minimum front yard setback: To parking 40 ft. 27.1. ft. 12.9 ft. (32%) Minimum side yard setback: To parking 20 ft. 1.8 ft. 18.2 ft. (91%) Minimum rear yard setback: To parking 25 ft. +/- 18 ft. 7 ft. (28%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: -County Planning Board referral required. -Planning Board special use permit and site plan review is required. Applicant: Matthew Sames Agent: Michael Toohey, Attorney; Jamie Easton, MJ Engineering Mr. Toohey explained the applicant is looking to convert an existing one story building to an eating and drinking establishment and adding a second story for a residential living unit at 20 Bowman Street, which is in the Tourist Related Business District. It is a mixed use neighborhood. The applicant is looking for area variance relief from the minimum front and side yard setbacks as well as a second story addition and minimum front and side yard setback. Mr. Toohey provided a visual presentation of the site and surrounding area and reviewed the five tests for an area variance. The applicant is proposing a renovation of the derelict building which is used for parking during the track season. This is a less intense use and revitalization of the site would result in a positive impact on neighborhood. The applicant is looking to open a bistro serving small plates, fine wines, craft beers, cocktails with a limited capacity with regard to people with an occupancy around 40. Patio seating out front. Acoustical guitar music will be provided inside. Parking to be provided on the Horseshoe side of the building. There will be no outdoor entertainment. Consolidation of the existing curb cut is proposed and a sidewalk to be installed. The amount of the site to remain permeable is 33.3% which exceeds the minimum of 30%. The applicant is looking to re-invest in the neighborhood. Site plan review and Special Use Permit are required by the Planning Board. City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 2 of 16 Adam McNeill, Secretary stated the Board has received the following correspondence. -Correspondence received October 11, 2016 from Andrew J. Baden, 7 Daggs Lane, Saratoga Springs. -Correspondence received October 11, 2016 from Kathleen A. Diller, 75 Nelson Avenue, Saratoga Springs. -Correspondence received from Jennifer Clark, Saratoga Springs. Susan Steer questioned other alternatives for the site, any additional land to be purchased and questioned the applicant’s agent concerning the use, traffic and noise and what will be done to mitigate. Mr. Toohey reviewed the site again for Ms. Steer. Sidewalks will be installed. The restaurant will be open year around. Maximum occupancy will be around 40. 17 Parking spaces on site. No additional land available for purchase. Discussion ensued regarding the dimensional relief. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:32 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Joann Faresta, Ed Miller, we are owners of the obscure horse barn property across the street from this property. This property is approximately 15 feet away from the nearest race horse. On the application the barn was not listed as a neighboring property. Ms. Faresta cited several issues on the SEQRA short form. The increase in traffic and the fact that it is a one lane street with parking on one side the side the horses are on. Ms. Faresta has owned horses for over 30 years and this is very disturbing and hurtful to her property. Racehorses are very high strung and do not like noise. There will be smoking in the street which is very troubling and puts the horses in harm’s way. Clement Clark, owner of the property that adjoins the back apartment house for over 35 years. I have lived here my whole life. Three families currently live there. The applicant is seeking variances which will be in my backyard. Cars will be parked 8 feet from the back door. I am fearful of losing my tenants out of the apartments. The applicant is looking for too much. Kim Parella resident of downtown Saratoga for over 11 years. She stated she is in favor of this project. The applicant is taking an area and beautifying it. John Burke lives 2 blocks away from the proposed site. I am in support of this project. This is an amenity that will enhance property values. The applicant will do it for the best interest of the neighbors. Kathleen Dillard, owner of the vacant lot. I use it for parking during the racing season. The Horseshoe patrons do park on my property; you have no idea what we go through on the weekends. I have threatened to tow vehicles and the garbage which is left is unreal. Bill Teeter, City resident is in support for the anticipated re-use of this lot. It is an improvement for the area. Rosemary Gold, Nelson Avenue resident. The variance between the two buildings was there for a reason. If you make that space so short it backs to the apartments. Where will the dumpster be placed close to the apartment open windows, or how will it get emptied. How will deliveries be made? It just seems that street has parking only on one side. How is there even room for that? It won’t hurt people three blocks away, only the families that live in the apartment building, and in the neighborhood. It doesn’t seem right that they will be ignored. Bill Moore, Chairman stated the public hearing will remain open. Part II of the SEQRA form will be completed and a resolution will be prepared and presented at the next ZBA meeting scheduled for October 24, 2016. City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 3 of 16 #2910 PET LODGE OF SARATOGA, vacant lands on the east side of Route 9/South Broadway (tax parcels nos. 191.8- 1-1-6), coordination of SEQRA review and area variance to construct a pet boarding facility and associated site work in the Tourist Related Business and Rural Residential Districts. This application was heard at the September 12, 2016 meeting and adjourned. SEQRA: -Action appears to be Unlisted. Part 1 of the short form submitted. -Required approvals from the Planning Board and the DRC. -ZBA initiated coordinate review and deferred Lead Agency to the Planning Board on September 12, 2016. -DRC deferred Lead Agency status to the Planning Board on September 21, 2016. -Planning Board accepted Lead Agency status on September 22, 2016. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: -County Planning Board referral required – response, “No significant County Wide or Inter Community Impact” with Comment issued August 18, 2016. -Planning Board site plan review is required. -DRC Architectural Review is required. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback: North 30 ft. 20 ft. 10 ft. (33%) Minimum side yard setback: South 30 ft. 20 ft. 10 ft. (33% Minimum total side yard setback: 100 ft. 40 ft. 60 ft. (60%) Applicant: Matt Sames, Owner Agent: Michael Toohey, Attorney; Jamie Easton, MJ Engineering Mr. Toohey provided a visual presentation of the site which is 1.6 acres and encompasses 6 tax parcels with 105 sq. ft. of frontage as well as two zoning districts. The site fronts on the TRB District and the back of the parcel is the RR zone. In the Tourist Related Business District we can have an animal clinic and in the RR we can have an animal kennel. The applicant is proposing to construct a pet lodge for the boarding and grooming of pets as well as an animal day care center. It will be open 7 days a week. Mr. Toohey reviewed the allowable uses and the tests for relief. No land was available for purchase. Discussion ensued regarding reducing the number of variances requested and the amount of relief requested as well as a new updated denial was requested. Adam McNeill, Secretary stated the Board has received the following correspondence: -Letter from Jon Crain on behalf of Lu Holding, LLC and Iris Lu, dated September 26, 2016. - Letters of support submitted by Michael Toohey via email dated October 4, 2016. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:23 P.M. City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 4 of 16 Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Iris Lu, owner of Pratt Drive and the property in the rear leading to the State of New York land. This is a very important roadway. Hibachi restaurant is currently switching tenants. House in the rear of the property is in use. Ms. Lu’s concern is this use is a detriment to her property and the property’s value. There are wetlands which exist on the property and we have septic tanks not sewers. Ms. Lu provided to the Board information from Pet Lodge customers. Ms. Lu stated she is a pet lover, however, if the property is not maintained there will be an odor and noise and a detriment to the neighbors. Ms. Lu provided customer reviews to the Board. She is not in favor of this application. Bill Moore, Chairman stated the public hearing will remain open. Information has not yet been received from the Planning Board concerning SEQRA determination. 3). #2919 MEANY/MADDEN RESIDENCE, 9 Aurora Avenue, area variance to maintain air conditioning unit, seeking relief from the minimum side yard setback requirement in Suburban 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 5 ft. 3 ft. 2 ft. (40%) Agent: Brandon Smith, Jay Snyder Builders Mr. Smith applicant’s agent is seeking relief for an air conditioning unit that is within the building setback of 5 ft. This is approximately 2 feet from the property line. This is a corner lot and moving the unit would be placing it in front of the house. All the homes built in Oakridge have their air conditioning units placed within the 5 ft. setback. Upon the final inspection the building inspector noted the non compliance issue. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:40 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 ZBA meeting scheduled for October 24, 2016. 4). #2918 HABITAT FOR HUMANITY SINGLE-FAMILY, 195 Division Street, area variance for constructed changes to an existing single family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-2 District. SEQRA: City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 5 of 16 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 80 ft. 49.5 ft. 30.5 ft (38%) Minimum rear yard setback: deck 25 ft. 8.2 ft. 16.8 ft. (67%) Minimum side yard setback: deck 4 ft. 1 ft. 3 ft. (75%) Minimum side yard setback: shed 5 ft. 4.1 ft. .9 ft. (18%) Applicant: Jeff Clark, Executive Director Habitat for Humanity Mr. Clark stated they made a mistake. In digging the foundation they hit bedrock. At that point reconfiguration was necessary and a decision was made to provide the family with a 4ft. crawl space. This meant the addition of two more steps on the side of the house. No one caught that until the inspector noted the discrepancy. DISCLOSURE: Keith Kaplan, Vice Chairman noted he did see the owner on his site visit. No discussion was held concerning the application. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:44 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 8:44 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2918 IN THE MATTER OF THE APPEAL OF Habitat for Humanity 4 Glens Falls Tech Park Glens Falls, NY 12801 from the determination of the Building Inspector involving the premises at 195 Division St in the City of Saratoga Springs, New York being tax parcel number 165.58-1-24 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 maintenance of exterior stairs on an existing single-family residence in a UR-2 district and public notice having been duly given of a hearing on said application held on the 11th day of October 2016. City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 6 of 16 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 PROPOSED RELIEF REQUESTED REQUIREMENT MINIMUM TOTAL SIDE YARD SETBACK 20’ 18’ 2’ OR 10% 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 encroachment into setback is modest and already exists, so removal would be prohibitively costly to the applicant, and not justified on cost-benefit grounds. 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 maintenance of this small degree of encroachment is not substantially impactful on neighboring homes or on neighborhood character. Furthermore, per the applicant, the area of relief is behind the parking area, and not easily visible from the street. 3. The Board notes this requested setback variance, at 10%, is not substantial. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. As noted above, this proposal is neither substantial nor visible from the street. 5. The alleged difficulty is self-created insofar as the applicant chose to construct the home, but this is not necessarily fatal to the application. 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; Cheryl Grey, alternate, in favor MOTION PASSES: 7-0 5). #2920 ROSEBROOK TWO-FAMILY, 16 E. Harrison St., area variance to maintain a two-family residence; seeking relief from the minimum average lot width and minimum lot size requirements for a two-family residence in the Urban Residential-3 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: 80 ft. 49.5 ft. 30.5 ft. (38%) Minimum rear yard setback: deck 25 ft. 8.2 ft. 16.8 ft. (67%) City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 7 of 16 Minimum side yard setback: deck 4 ft. 1 ft. 3 ft. (75%) Minimum side yard setback: shed 5 ft. 4.1 ft. .9 ft Applicant: Michael Rosebrook Mr. Rosebrook stated he is under contract to purchase the home. The transfer of ownership has necessitated the appearance before this Board. This home has been a 2 family for at least 25 years. The home is preexisting nonconforming. The variance for the deck was because that improvement is not original to the house and not previously permitted by a building permit. The footprint of the home has been the same since prior to current zoning ordinance regulations. The UR-3 zone permits both single and two-family residences. There is a mix in the neighborhood. Gary Hasbrouck stated one of the variances can be removed with the relocation of the shed. Discussion ensued concerning the variances and relief requested. Keith Kaplan, Vice Chairman requested a breakdown of homes in the surrounding area, 1 and 2 families and the context of the neighborhood. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:58 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. Information has been requested from the applicant. A resolution will be prepared and presented at the next ZBA meeting scheduled for October 24, 2016. OLD BUSINESS: 3. #2911 NATHAN HOME OCCUPATION, 36 Bensonhurst Avenue, area variance to construct a detached garage with second story home occupation, seeking relief to permit a home occupation in an accessory structure, to permit habitable/finished space in an accessory structure and to exceed the maximum square footage for a home occupation in an Urban Residential-2 District. The applicant provided a description of the proposed operation of the business and email regarding the proposed height of the garage in relation to the existing residence. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Definition of accessory structure To include unfinished/uninhabited Finished/habitable second To permit finished/habitable second (residential): space story story space Applicant: Ben Nathan, homeowner City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 8 of 16 Mr. Nathan stated they have revised the application. They are seeking to change a home occupation to home office use in an accessory structure, to permit habitable/finished space in an accessory structure. Currently there is not enough room in the home. We have two children and my wife would like to move her office to the garage. Mr. Nathan stated there are homes in the area which are the same height as his which is proposed. Cheryl Grey was concerned regarding the size of the proposed garage in relation to the home. Also, requested was a sidewalk to be installed on Division Street. Discussion ensued concerning the removal of the driveway. Discussion ensued concerning the amount of relief requested, scale of the building compared to other homes in the area and the size of the habitable space, and perhaps lessening the size of the second floor plan. DISCLOSURE: Bill Moore, Chairman stated he viewed the webcast and he is familiar with all the items on the agenda and feels comfortable voting on all agenda items. 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 stated we will keep the public hearing open. The Board has asked for additional information be provided to staff. We will adjourn this application for two weeks until the next ZBA meeting scheduled for October 24, 2016. 5. #2916 COSTELLO GARAGE, 109 Elm Street, area variance to finish the interior of an existing detached garage, seeking relief to permit finished/habitable space in an accessory structure in an Urban Residential-2 District. Bill Moore, Chairman stated this is a previously opened application. No additional information was requested of the applicant. The public hearing was opened and remains open. PUBLIC HEARING: 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 9:36 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2916 IN THE MATTER OF THE APPEAL OF James Costello 109 Elm St SARATOGA SPRINGS, NY 12866 City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 9 of 16  From the determination of the Building Inspector involving the premises at 109 Elm Street in the City of Saratoga Springs, NY, being tax parcel number 165.82-1-65 in the inside district on the Assessment Map of said City. The applicant having applied for an area variance to finish the (second-story) interior of an existing detached garage seeking relief to permit finished/habitable space in an accessory structure (residential) requirement in the Urban Residential – 2 District and public notice having been duly given of a hearing on said application on September 26th and October 11th, 2016. 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 Requirement Proposed Relief Requested To permit Unfinished/uninhabitable Finished/habitable space 100% finished/habitable space in space an accessory structure (residential) 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 discussed with the applicant the feasibility of connecting the two structures by way of a breezeway. This alternative was deemed not feasible due to the distance (approx. 20 ft.) between the two. The application indicates that if the garage was attached to the house then the maximum principal building coverage would be exceeded. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to nearby properties. The garage exists and relief requested is to finish interior. As the application states, “There will be no exterior changes to the garage and no changes to the current residential use of the property”. 3. The request for relief to permit finished/habitable space is substantial; however, as the application states, “No additional square footage or structural changes will be made”. 4. The Applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The garage exists on the property and no changes to the site layout are proposed. 5. The request for relief may be considered a self-created hardship due to the applicant’s desire to finish the garage space. However, self-creation is not necessarily fatal to the application. Conditions of approval: Interior of garage bathroom facilities limited to include toilet and sink only as per submitted floor plan No kitchen facilities permitted No overnight accommodations Gary Hasbrouck seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 10 of 16 VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, alternate, opposed MOTION PASSES: 6-1 6. #2912 BATES SINGLE –FAMILY RESIDENCE, 5 Swanner Lane, area variance to construct residential additions to an existing warehouse building and use as a single-family residence; seeking relief from the rear setback and maximum principal building coverage in the Urban Residential-3 District. RECUSAL: Susan Steer recused from this application. Bill Moore, Chairman stated this was a previously opened application. Additional information requested was submitted. The public hearing was opened and remains open. PUBLIC HEARING: 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 9:46 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2912 IN THE MATTER OF THE APPEAL OF Lisa Bates 5 Swanner Lane Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 5 Swanner Lane in the City of Saratoga Springs, New York being tax parcel number 166.45-4-30 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 two additions to an existing single-family residence in the UR-3 district and public notice having been duly given of a hearing on said application held on the 26th day of September and 11th day of October 2016. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variances for the following amounts of relief: TYPE OF REQUIREMENT DISTRICT EXISTING PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MINIMUM REAR YARD SETBACK 25’ 0 5.6’ 19.4’ OR 77.6% RELIEF MAXIMUM PRINCIPAL BUILDING COVERAGE 30% 34.8% 40.4% 10.4% OR 34.7% RELIEF As per the submitted plans or lesser dimensions, be approved for the following reasons: City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 11 of 16  1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The benefit sought by the applicant is to add a roof over an area to provide covered storage and to protect mechanical and utility equipment; and to also provide a covered entry on the side of the house. Per the applicant, the alternative to the roof over the equipment area was a fence to block the view; however that lacked the protective benefit of a roof. Also per the applicant, no land is available to purchase from neighboring property owners to decrease the requested variances. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The Board notes that the proposed addition in the rear of the house is designed to encroach less over the setback than if the existing adjacent portion of the house was to be extended. Per the applicant, this addition as well as the covered entry will improve the east elevation view of the home, making it clear that the building, a former warehouse, is now a residence consistent with UR-3 district objectives. 3. The Board notes the requested variances are substantial, however this is mitigated by the fact that the additions bring the building into a greater degree of consistency with the neighbors, and the fact that the building already exceeds district requirements on both areas of requested relief. Furthermore, the Board notes that the lot is undersized for the district, at 4,657 square feet, which adds significantly to the degree of coverage relief required. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. As per the applicant, permeability will be 59% with this proposed project with the conversion of the blacktop to permeable material. This would exceed district requirements of 25%. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed additions, but this is not necessarily fatal to the application. Cheryl Grey seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, alternate, in favor MOTION PASSES: 6-0 Board Member Susan Steer resumed her position on the Board. 7. #2913 DIIULIO GARAGE, 122 North Street, area variance to construct a detached, two car, two-story garage with second story living space; seeking relief to permit finished/habitable space in an accessory structure in an Urban Residential-3 District. Bill Moore, Chairman stated this was a previously opened application. No additional information was requested. The public hearing was opened and remains open. PUBLIC HEARING: Bill Moore, Chairman, asked if anyone in the audience wished to comment on this application. City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 12 of 16 None heard. Bill Moore, Chairman closed the public hearing at 9:52 P.M. Gary Hasbrouck presented the following resolution. #2913 IN THE MATTER OF THE APPEAL OF Jason Diiulio 122 North Street Saratoga Springs, NY 12866 From the Building Inspector’s determination for the same premises identified as tax parcel number 166.46-1-13 in the inside district of the City of Saratoga Springs, NY. Whereas, the appellant has applied for an area variance for relief from the current City Zoning Ordinance for creating habitable space in an accessory building in Urban Residential – 3 Zoning District; and public notice having been duly given of a hearing on said application held on September 26th and October 11th, 2016. Whereas, 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 or lesser dimensions, as per the submitted plans, be approved: Required Proposed Total Relief Requested Accessory structure Unfinished and uninhabitable Finished and habitable 100% (residential): Interior of space space garage 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant indicated that his current house is relatively small with only 3 bedrooms and therefore has insufficient space for his family’s needs. 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 stated that most of the current neighboring garages have livable space above their garages on Pilkington Ln. The applicant stated that guests would park on the street or would park parallel to the alley in front of his new garage. 3. The relief requested may be considered substantial at 100% but will be somewhat mitigated by conditions placed on the variance. No bathing facilities nor kitchen will be constructed within the garage. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. No variance for impermeable area is anticipated. 5. The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Conditions: Accessory building may not contain a kitchen nor bathing facilities – only a ½ bath will be allowed City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 13 of 16 No overnight stays will be permitted Cheryl Grey, alternate seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Discussion ensued adding no overnight stays to the resolution. It was the determination of the Board to add this to the resolution. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, alternate, opposed MOTION PASSES: 6-1 8. #2917 PATRICIA ADDITION, 8 McAllister Drive, area variance to construct a rear porch addition to an existing single- family residence; seeking relief from the maximum principal building coverage in an Urban Residential-1District. Bill Moore, Chairman stated this was a previously opened application. No additional information requested was submitted. The public hearing was opened and remains open. PUBLIC HEARING: 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 10:03 P.M. Skip Carlson presented the following resolution. #2917 IN THE MATTER OF THE APPEAL OF Ann Marie Patricia 8 McAllister Drive Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 8 McAllister Drive in the City of Saratoga Springs, New York, 12866 being tax parcel number 166.14-4-42in 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 a rear porch addition to an existing single-family residence; seeking relief from the maximum principal building coverage, minimum side yard setback and minimum total side yard setback in an UR-1 district and public notice having been duly given of a hearing on said application held on September 26 and October 11, 2016. 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 11, 2016 - Page 14 of 16  REQUIRED: EXISTING: PROPOSED: RELIEF REQUESTED: MAXIMUM PRINCIPAL BUILDING 20% 26.1% 31.43% 11.43% (57%) COVERAGE: MINIMUM SIDE YARD SETBACK: 12 FEET 6.6 FEET 3.6 FEET 8.4 FEET (70%) MINIMUM TOTAL SIDE YARD SETBACK: 30 FEET 13 FEET 7 FEET 23 FEET (77%) As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has demonstrated that the benefit cannot be achieved by other means feasible. The applicant has stated that “there is no available surrounding property available for purchase”. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. The applicant states “that the addition is on the rear of the existing house and would not be visible from the street”. 3. The relief requested at 57%, 70% and 77% may be considered substantial but is somewhat mitigated by the nonconforming preexisting conditions that currently exist and the relatively modest size of the proposed porch at 300 square feet. 4. This relief requested will not produce any adverse physical or environmental effect on the neighborhood. The applicant states that “the porch was designed to fit the character of the neighborhood and there is an existing substantial setback in the rear of the property”. 5. The request for relief is considered self-created. The self-created difficulty is not necessarily fatal to the application. Cheryl Grey, alternate seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, alternate, in favor MOTION PASSES: 7-0 10:07 P.M. Board recessed. 10:10 P.M. Board reconvened. #2786.2 RITE AID SIGNAGE, 90 West Avenue/242 Washington Street, area variance for proposed sign package for a new pharmacy/retail establishment; seeking relief from the maximum number of wall signs, maximum area for wall signs, placement of wall signs above the first floor level of the building, maximum area for a freestanding sign, to permit directional signage, maximum area for directional signage, and to permit temporary signage (banner) in the Transect-5 District. Bill Moore, Chairman stated this was a previously opened application. Additional information requested was submitted. The public hearing was opened and remains open. The sign package submitted has 4 more signs than was submitted with the original application package for the building site. Sign package includes 24 signs. City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 15 of 16 Applicant: Rite Aid Agent: Matthew J. Jones, Attorney; Jaclyn Hakes, MJ Engineering Mr. Jones reviewed the 8 enumerated items which the Board had concerns with. Information was distributed to the Board. Mr. Jones reviewed signage requests noting the site plan and elevations where signage will be placed. Discussion ensued among the Board concerning the proposed signage requests. Bill Moore, Chairman asked if there were any further questions or comments from the Board. None heard. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA Meeting scheduled for October 24, 2016. PUBLIC HEARING: 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. APPROVAL OF MINUTES: Bill Moore, Chairman deferred approval of meeting minutes until the October 24, 2016 Zoning Board of Appeals Meeting. MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 10:32 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 11/7/16 City of Saratoga Springs - Zoning Board of Appeals – October 11, 2016 - Page 16 of 16