Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, DECEMBER 12, 2016 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:02 P.M. SALUTE TO THE FLAG: PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Susan Steer; Gary Hasbrouck; Skip Carlson; Cheryl Grey, alternate ABSENT: Adam McNeill, Secretary; James Helicke STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney Steve Shaw, Zoning and Building Inspector Mark Schachner, Counsel to the Zoning Board arrived at 8:10 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: #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. Adjourned to December 12, 2016. #2929 EMPIRE RUN SIGNS, 130 Excelsior Avenue, area variance for construction of a wall sign and a freestanding sign; seeking relief from the maximum size for the freestanding sign and for placement on a building façade without street frontage for the wall sign requirements in the transect-5 district. #2930 THE SPRINGS SIGNS, 60 Weibel Avenue, area variance for additions to two existing freestanding signs, seeking relief from the maximum size of freestanding signs in the Transect-5 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. #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. #2921 REGATTA VIEW, LLC RESIDENTIAL DEVELOPMENT, NYS Route 9P, Dyer Switch Road and Regatta View Drive, interpretation appeal from determination of the Zoning and Building Inspector that the Interlaken PUD legislation fails to provide proof of compliance for the proposed development. 1. #2925 SOUTHERN SUBDIVISION, 124 York Avenue, area variance associated with a proposed two lot residential subdivision; seeking relief from the minimum lot size and minimum average lot width requirements for each of the lots in the Urban Residential-3 District This application was heard at the November 7, 2016 meeting and adjourned to November 21, 2016. The public hearing was opened and remains open. Additional information was requested by the Board on November 7, this information has been provided by the applicant. The application was further adjourned awaiting an Advisory Opinion by the Planning Board. SEQRA: Action appears to be an Unlisted Action. A short EAF was submitted. The ZBA will be required to complete Part 2. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum lot size: Lot 1 6,600 sq. ft. 5,319 sq. ft 1,281 sq. ft. (19.4%) Minimum average lot width: Lot 1 60 ft. 48 ft. 12 ft. Minimum lot size: Lot 2 6,600 sq. ft. 5,279 sq. ft. 1,321 sq. ft. (20%) Minimum average lot width: Lot 2 60 ft. 48 ft. 12 ft. Agent: Libby Coreno, Partner, Carter, Conboy Attorneys Applicant: Mike Southern, owner Ms. Coreno stated additional information was requested by the Board which was provided. In the interim the applicant did appear before the Planning Board who issued a favorable Advisory Opinion to the ZBA. A visual presentation was provided and Ms. Coreno reviewed the tests for an area variance. Given the metrics of the surrounding neighborhood which is overwhelmingly out of conformance in amounts far in excess of 20%, the relief sought in this application is not substantial in nature. Other feasible mean to achieve benefit. The combined lots of the applicants require additional lands totaling 2,603 square feet for compliance and there is no neighbor or combination of neighbors with enough available lands for sale. An assessment of the lots in the neighborhood revealed that many are currently not in compliance with the UR-3 requirements. The proposed lots will be accessed off of Middle Avenue. Proposed lot 2 is fairly clear of vegetation. Water and sewer are available along Middle Avenue. Cheryl Grey stated the Planning Board did voice concerns regarding fitting in the neighborhood. It does not fit into the neighborhood there are cottages in this neighborhood. A 2400 square foot home is proposed. Susan Steer questioned the siting of the proposed home. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing was opened and remains open. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 2 of 20 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 7:29 P.M. SEQRA: The Board reviewed Part II of the SEQRA Full Environmental Assessment Form. No large or important areas of concern were noted. Keith Kaplan, Vice Chairman made a motion for a SEQRA Negative Declaration. 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, Vice Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, alternate in favor MOTION PASSES: 6-0 Gary Hasbrouck presented the following resolution. #2925 IN THE MATTER OF THE APPEAL OF Kimberly and Michael Southern 124 York Avenue Saratoga Springs, NY 12866 from the Building Inspector’s determination for the same premises, identified as Tax Parcel 166.46-3-5, Whereas, the appellant has applied for an area variance for relief from the current City 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 November 7th and 21st, and December 12, 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 Variances for the following relief or lesser dimensions, be Approved: Required: Proposed: Total relief requested: Minimum lot size: Lot 1 6,600 sq. ft. 5,319 sq. ft. 1,281 sq. ft. (19.4%) Min. average lot width: Lot 1 60 ft. 48 ft. 12 ft. (20%) Minimum lot size: Lot 2 6,600 sq. ft. 5,279 sq. ft. 1,321 sq. ft. (20%) Min. average lot width: Lot 2 60 ft. 48 ft. 12 ft. (20%) City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 3 of 20  1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The application notes the lack of sufficient land to purchase from already developed neighboring parcels. The applicant also notes the desire to have separate parcels rather than having 2 separate principal buildings on one parcel. The applicant also explored moving the dividing line to result in a conforming lot 1 but declined the option due to a substantially nonconforming lot 2. 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 reviewed properties within 700 feet of the proposed subdivision and found over 75% to be nonconforming for either minimum lot width, minimum lot size or both. It appears the neighborhood is characterized by modest single and two family homes on properties of similar size to what the applicant is proposing. The applicant submitted a color coded tax map indicating only 3 of the 29 properties in the York Ave/Middle Ave/Warren St/East Ave square conform to current zoning standards in regards to lot size and lot width. 3. The relief requested is not substantial especially when taking into consideration the lack of neighborhood conformity to current zoning regulations. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The applicant is not proposing to exceed building coverage nor permeability requirements. 5. The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Notes/Conditions: Planning Board issued a favorable advisory opinion letter dated November 22, 2016. Planning Board subdivision approval is required. Cheryl Grey seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Bill Moore, Chairman noted that he is voting in favor of this application due to the fact that this property fronts on two streets. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, alternate, opposed MOTION PASSES: 5-1 2. #2832.1 BRADY RESIDENCE, 99 Fifth Avenue, area variance extension for construction of a new single-family residence; seeking relief from the maximum principal building coverage in the Urban Residential-1 District. RECUSAL: Cheryl Grey recused from this application. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 4 of 20 SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. No further SEQRA action for an extension. PARCEL HISTORY: Area variance for construction of a new single-family residence approved with condition on May 18, 2015. AREA VARIANCE – ORIGINAL ACTION: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage: 20% 24.3% 4.3% Applicant: Joseph Brady, owner Mr. Brady stated they are requesting an extension of an approval of an area variance for 99 Fifth Avenue. Original approval will expire on December 24, 2016. An 18 month extension would expire on June 24, 2018. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:38 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 7:39 P.M. Keith Kaplan presented the following resolution. IN THE MATTER OF THE APPLICATION OF Joseph and Angela Brady 95 Fifth Ave Saratoga Springs, New York 12866 Based on submitted evidence that the application for an extension of a granted area variance does not differ from the original application and approval, and that there have been no significant changes in the condition of the property or neighborhood warranting otherwise, the board moves that the application of Mr. and Mrs. Joseph Brady for the premises at 99 Fifth Ave in the City of Saratoga Springs, and identified as tax parcel #166.14-1-21 originally granted on May 18, 2015 and filed with the City on June 24, 2015, for construction of a new single family residence in an Urban Residential- 1 District be approved, and that the variance approval be extended for 18 months from the date that such resolution would have expired, December 24, 2016, with the new expiration date to be June 24, 2018. The variance shall expire on June 24, 2018 unless the necessary building permit has been issued and actual construction begun as per the Zoning Ordinance, or otherwise further extended. 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 – December 12, 2016 - Page 5 of 20 VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, opposed; Gary Hasbrouck, in favor; Skip Carlson, in favor; MOTION PASSES: 4-1 Cheryl Grey, alternate resumed her position on the Board. 3.#2933 PLAZA 15 STORAGE, LLC, vacant parcel off of Jones Road/Plaza Road (private road), consideration for Coordinated SEQRA Review for construction of a 70,000 sq. ft. self-storage building; seeking relief from the frontage build-to and build-out requirements in the Transect-4 District. SEQRA: Action appears to be an unlisted action. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL -Saratoga County Planning Board referral required. -Planning Board special use permit and site plan review required. -DRC Architectural Review is required. Agent: Michael Toohey, Attorney; Brien Ragone, Landscape Architect, Environmental Design Mr. Toohey provided the Board with a visual presentation of the proposed site located in the Transect 4 zone north of the arterial. Mr. Ragone stated the site is 3.2 acres along Plaza Road, east of the existing self storage. The application is a multi- step process appearing before the ZBA and the Planning Board and Design Review Commission. A visual presentation of the site notes multiple easements that cross the property which necessitates these variances. National Grid easement bisects the property, and a water main easement owned by the City of Saratoga Springs which runs along the entire border of the property line and a Saratoga County sewer easement which also runs from the northern to the western edge of the property line and an additional water main easement which runs along the southern property lines for the adjacent properties and a sanitary sewer easement along the southwestern portion of the site for the adjacent properties. The proposed 1.65 acre site is the only place it can be placed on the site. We are proposing a 70,000 square foot two story storage facility that will include a small leasing office. There will be two points of access to the site. Mr. Toohey stated we are here merely to determine Lead Agency for SEQRA review. We are trying to provide a picture of what is being proposed. Gary Hasbrouck made a motion to defer SEQRA Lead Agency Status to the Planning Board. Cheryl Grey seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, in favor MOTION PASSES: 6-0 City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 6 of 20 4.#2932 DEVALL CARRIAGE HOUSE, 59 Franklin Street, area variance for construction of a three-car carriage house with a second story dwelling unit; seeking relief from the minimum front yard setback (Cherry St.) and minimum side yard setback. DISCLOSURE: Gary Hasbrouck stated he knows the applicant but has no financial interest in this application. No need for recusal simply disclosure. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variance application submitted for a carriage house with apartment in April 2005 – it was determined that a use variance was also required – application was not supplemented. -DRC Historic Review approval December 7, 1995. -Site plan review approval October 15, 1986. -Use and area variances for two apartments and a professional office approved December 11, 1985. Variance extensions 1994, 1995, and 1996. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback: Marvin Alley 20 ft. 5 ft. 15 ft. (75%) Minimum total side yard setback: 45 ft. 30 ft. 15 ft. (33%) Minimum front yard: Cherry St. 25 ft. 5 ft. 20 ft. (80%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: -DRC Historic Review. -Planning Board Site Plan Review. Applicant: David Devall; Richard Devall The applicants are looking to build a three stall carriage house at the rear of the property. Two stalls will be dedicated the attorneys in the front building and one dedicated to the carriage house occupant. We have seen dramatic changes in the neighborhood. Behind us is the Ellsworth property. We are proposing this building to improve the property and also essentially to provide a historic carriage house buffer. We are under the 25% lot coverage. We have tried to site this property elsewhere on the site however it would be aesthetically unpleasing and wasteful of the existing green space behind the building. Also it would be contrary to the traditional placement of a carriage house behind an 1823 Greek revival. This will have no adverse effect on the neighborhood, the district or the site itself. Susan Steer questioned the siting of the structure and placement of the driveway, as well as sidewalks and street amenities. A recommendation was made to refer to the Planning Board for an Advisory Opinion. Discussion ensued concerning referring to the Planning Board for an Advisory Opinion prior to granting of the variances. Gary Hasbrouck made a motion in the matter of the DeVall Carriage House, area variance for construction of a three car carriage house with a second story dwelling unit to refer to the Planning Board for an Advisory Opinion on this project. Cheryl Grey seconded the motion. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 7 of 20 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, in favor MOTION PASSES: 6-0 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:02 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. The applicant will return before the ZBA following their appearance at the Planning Board. 5.#2935 DALEY RESIDENCE, 17 Murphy Lane, area variance for an addition to an existing single-family residence; seeking relief from the minimum side and rear yard setbacks 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 EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback: 8 ft. 2.7 ft. 2 ft. 6 ft. (75%) Minimum rear yard setback: 25’ 21’ 20’ 5’ (20%) Agent: Thad Smith, Teakwood Builders Applicants: Rob and Julia Daley Mr. Smith stated this is an existing structure and we are doing an extensive remodel. New siding and front facelift. The new design proposed is to extend the eaves at both the front and the back at the gables by only 2 lineal feet. At the rear setback it will be decreasing the setback by only 1 lineal foot at the eaves. The side and rear setbacks are preexisting nonconforming. No other option is available to enhance the architectural design in this regard as the structure and the property lines are fixed. This will provide a positive change in the character of the neighborhood as it will enhance the architectural character of the structure and make it more consistent with the existing architecture in the neighborhood. Environmentally it will not have any adverse physical effects. Cheryl Grey, alternate commented on the application and the variances requested. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:09 P.M. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 8 of 20 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 December 19, 2016. 6. #2934 SALZ GARAGE, 66 White Street, area variance for construction of a detached garage; seeking relief from the maximum accessory building coverage 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 Maximum accessory building coverage 10% 11.68% 1.68% (16.8%) Agent: Thad Smith, Teakwood Builders Applicants: Michael Salz and Gina Williams Mr. Smith stated the applicants have a single family home on a double corner lot. We are proposing a new garage structure accommodating the existing driveway and maintaining as much green space on the lot as possible. The applicants have met with the neighbors to assure their compliance with the plan. The request is to allow an additional 1.68% coverage in terms of the access building. The only option for achieving the 10% maximum allowable coverage would be to decrease the size of the structure. This would not be feasible as the garage would no longer be large enough to house the vehicles for which the garage is being constructed. The size and scale of the garage structure is proper for the neighborhood. The variance will not have an adverse physical or environmental effect on the neighborhood as it meets all other area and zoning requirements. It is significant in terms of size and allows for significant permeable exposure. Skip Carlson questioned the permeability of the site. Mr. Smith stated the permeability of the site is at 51.6%. Susan Barden, Senior Planner, City of Saratoga Springs stated principal building coverage for the site is 30% and 10% additionally for any accessory structures. Discussion ensued among the Board concerning the size of the structure, and potential usage of the space above the garage. Cherie Grey stated she loves this house and she would like to see something which conforms to the neighborhood better. This is a large building, close to the street and is very dominant. Keith Kaplan, Vice Chairman spoke concerning the size of the proposed structure. Has the applicant considered a unified large door or a different design to save some square footage. I find this too large for the historic neighborhood. Mr. Smith stated the two carriage house doors speak more to the historic nature of the area than one large door. Susan Steer was concerned and spoke regarding the depth of the proposed structure. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 9 of 20 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:21 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Cynthia Behan, 70 White Street. I am the adjoining neighbor most impacted by the garage. We were consulted early on. We like our new neighbor. We initially were told there would be no need for a variance. In order to build this garage they removed all the vegetation between the houses. My main concern is the second floor and the use of it. The space will be finished as usable space. I am concerned visitors will be using it. If this is approved would the Board stipulate no overnight stays and no bath or kitchen facilities. Drainage is also a concern. The size of the structure is a little large. Brian Rodems, 84 White Street. I support the concerns of Cynthia. If you allow the stairway it does set the stage for a secondary living space. I think you should consider this. John Boardman, 118 White Street. I thirdly support the concerns of the other neighbors. I appreciate the Board’s vigilance. Mr. Smith stated there is no water or sewer proposed to the new structure. Skip Carlson requested the principal building coverage calculation be provided to the Board. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next ZBA meeting scheduled for December 19, 2016. 7. #2615.1 KRYGOWSKI RESIDENCE, 120 Meadowbrook Road/30 Fishcreek View, area variance for construction of a new single-family residence and detached garage; seeking relief from the minimum total side yard setback for the residence and minimum front and side yard setbacks for the garage in the Rural Residential District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variance to construct a new single-family residence approved on June 20, 2011. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Detached garage 60 ft. 50 ft. 10 ft. (17%) Minimum side yard setback: Detached garage 30 ft. 5 ft. 25 ft. (83%) Minimum total side yard setback: House 100 ft. 66 ft. 34 ft. (34%) Applicant; David and Irina Krygowski Agent: Bob Flansburg, Dreamscapes Unlimited Mr. Flansburg provided a visual presentation of the projected site plan. This project was before the ZBA in 2011. Those approvals have expired. This is a two plus acre parcel, most of which is unusable due to the contouring of the site. It is a long narrow parcel and we are making the best use of the buildable portion of the lot. The area of the lot City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 10 of 20 that is buildable is 140 ft. wide where 200 ft. is the minimum lot width requirement in the district. The largest request for relief is from the side yard setback for the detached garage structure. Public water is provided to the site. There will be an onsite septic system. The preexisting seasonal cottage has been removed and will be replaced by a year round residence. The proposed house would be similar in scale to other existing homes in the area on American Way, Beacon Hill, and Regatta View. There will be very little tree removal as the home will be located so as to take advantage of the site of an existing small cottage which was located on the parcel. Mr. Flansburg spoke concerning the detached garage explaining the requested variances. Keith Kaplan, Vice Chairman reviewed the requested variances and the additional detached garage. Discussion ensued among the Board regarding alternative designs and a 3 car garage versus an additional structure. Susan Steer spoke concerning the setbacks and the additional garage structure. Bill Moore, Chairman stated he cannot agree with a secondary structure in this district and the location to the property line. Keith Kaplan, Vice Chairman questioned if the Board would like to have some renderings provided concerning this project. Dave Krygowski applicant spoke concerning this property what is proposed and designed. We have explored alternative designs to accommodate our needs. Mr. Krygowski explained his needs and desires for the property. No additional land is available for purchase. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:00 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Dave DePaula, Bella Builders spoke concerning this proposed seven figure home. For a home of that size it would be odd for a two car garage. Mr. DePaula stated renderings can be provided to staff. It was the recommendation of the Board to look at alternatives for this project. Bill Moore, Chairman stated the public hearing will remain open. 9:10 P.M. The Board recessed. 9:13 P.M. The Board reconvened. 8. #2936 WITT CONSTRUCTION CARRIAGE HOUSE, 563 North Broadway, area variance to convert the existing carriage house into a dwelling unit; seeking relief from the minimum rear yard setback and maximum principal building coverage requirements in the Urban Residential 4 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: -Use and area variance to convert the existing main structure to a mixed occupancy, including first floor office space and Three apartments occupying the second and third levels; construct new porches and a rear addition to the main structure and maintain an apartment in the existing carriage house approved June 4, 1999. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 11 of 20 -Use and area variance extension most recently approved with condition “The ZBA will not allow any further extensions after the expiration date of this variance dated August 22, 2005. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum rear yard setback carriage house 25 ft. 3.3 ft. 21.7 ft (86.8%) (principal structure) Maximum principal building coverage: 25% 34.1% 9.1% Main house and carriage house combined Applicant: John Witt, owner Mr. Witt stated we have received approvals in the past and the approvals have lapsed. We are before the Board this evening proposing to restore the carriage house. The plans remain the same as previously presented. The only change is we have current DRC approval received on May 5, 2016. Gary Hasbrouck questioned the applicant concerning the lapsing of prior approvals as well as confirming DRC recent approval. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:18 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 9:19 P.M. Gary Hasbrouck presented the following resolution. 2936 IN THE MATTER OF THE APPEAL OF 563 North Broadway Assoc. 563 North Broadway Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 563 North Broadway in the City of Saratoga Springs, New York being tax parcel number 165.44-1-79, Whereas, the appellant having applied for an area variance under the Zoning Ordinance of said City for minimum rear yard setback and maximum principal building coverage for converting an existing carriage house into a garage and 2 bedroom apartment in a UR-4 District and public notice having been duly given of a hearing on said application held on December 12th, 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 amount of relief: Required: Proposed: Total relief requested: Minimum rear yard setback: Carriage house 25 feet 3.3 ft. 21.7 ft. (86.8%) (principal structure) Maximum principal building coverage: Main house 25% 34.1% 9.1% (36.4%) and carriage house combined As per the submitted plans or lesser dimensions, be approved for the following reasons: City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 12 of 20  1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant states “Due to past DRC approval and the compatibility of the carriage house with the main house and town, converting the already existing structure is the most feasible option”. The Board notes this is a pre-existing non-conforming structure which has previously been approved for conversion to a garage with apartment. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. It appears the current condition of the exterior of the structure is in poor shape. A previous ZBA resolution dated June 2, 1999 determined the proposed renovations would “significantly enhance the character of the neighborhood”. The application also notes that “The percentage of lot coverage is also similar to neighboring properties”. 3. The relief requested may be considered substantial. However, the carriage house is pre-existing and predates zoning. The conversion of accessory structure to principal structure by adding a dwelling unit necessitates the need to meet the requirements applicable to a principal structure. 4. The applicant has demonstrated this variance will not have significant adverse physical or environmental effect on the neighborhood or district. The Board notes no request for parking or permeability variances. 5. The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Note: DRC approval was received May 4, 2016 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, Vice Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, in favor MOTION PASSES: 6-0 9. #2875.1 PERRON CARRIAGE HOUSE, 35 Greenfield Avenue, Area variance to finish the interior of an existing carriage house; seeking relief from the requirement that accessory structures (residential) be limited to unfinished and uninhabitable space in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. This application was heard at the November 21, 2016 meeting and adjourned to December 12, 2016. The public hearing was opened and remains open. 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. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 13 of 20 Joe Moore, I am the craftsman in charge with restoring this structure. Since the last appearance before the Board we have made some progress at the site. We are requesting a full bath. I have worked on carriage houses all over town. Mr. Perron would like to stay in this building while the house is being renovated which will take approximately two years. The public notices have been mailed. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing was opened and remains open. Bill Moore, Chairman asked if anyone in the audience would like to speak concerning this application. None heard. Bill Moore, Chairman closed the public hearing at 9:25 P.M. Susan Steer presented the following resolution. IN THE MATTER OF THE APPEAL OF JEAN PIERRE PERRON 35 GREENFIELD AVENUE SARATOGA SPRINGS, NY 12866 From the determination of the Building Inspector involving the premises at 35 Greenfield Avenue in the City of Saratoga Springs, NY, being tax parcel number 165.36-1-14.1 on the Assessment Map of said City. The Applicant having applied for an area variance to finish the interior of an existing carriage house seeking relief from the requirement that accessory structures (residential) be limited to unfinished and uninhabitable space in a UR-1 District and public notice having been duly given of a hearing on said application on November 21 and December 12, 2016. In consideration of the balance between the benefit to the Applicant with the 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 Accessory Structure Unfinished/Uninhabitable Finished/Habitable 100% (residential defined) Space Space As per the submitted plans or lesser dimensions, BE APPROVED for the following reasons: 1. The Applicant proposed to finish the interior of an existing carriage house so that it may be used as a studio or workshop and a place to reside while the primary residence is undergoing renovation. While this Board has granted variances to permit Applicants to finish space in accessory structures, those finishes have been limited in scope and prohibit the accessory structure from being used for overnight stays. The fact that the Applicant has spent money to move and renovate the carriage house and only intends to use it as a residence for the short term are not sufficient reasons for us to grant permission for finishes that will essentially convert the accessory structure into a second residence which is prohibited in this zoning district. In making this decision to allow finishes that will permit the structure to be used as a studio or workshop but not for overnight stays, this Board recognizes that once a variance is granted to permit such a conversion, there is no guarantee that future owners will not use the accessory structure as a second residence. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 14 of 20  2. The Board finds that the Applicant has demonstrated that granting this variance to finish the space so that it can be used as a studio or workshop will not produce an undesirable change in neighborhood character and will not be a detriment to the nearby properties. According to the Applicant, “the exterior materials are being replaced in kind” and will not result in any increase in traffic or density. 3. The Board finds that the request for relief at 100% is substantial however substantiality is mitigated by the fact that the impact on the neighborhood of finishing the space so that it can be used as a studio or workshop will be minimal and the exterior of the structure will not change from what was already approved. 4. The Board finds that the Applicant has demonstrated that granting this area variance will not have an adverse physical or environmental effect on the neighborhood. The carriage house has already been moved and the finishing of the interior space so that it can be used as a studio or workshop will not affect the project as previously approved by this Board. 5. The request for relief may be considered a self-created hardship, however self-creation alone is not fatal to the application. Conditions: No shower or bath tub, no kitchen facilities, and no overnight stays. Cheryl Grey, alternate, seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Cheryl Grey, alternate, stated using spaces like this are not an answer to affordable housing. Discussion ensued among the Board. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, in favor MOTION PASSES: 6-0 10. #2844.1 SBDT VENTURES, 60 Franklin Street, area variance to accommodate the as-built condition of a new single- family residence; seeking additional relief from the maximum principal building coverage, minimum front yard setback, minimum side yard (each) setback and minimum total side yard setback requirements in the Urban Residential-4 District. This application was heard at the November 7, 2016 meeting and adjourned to November 21, 2016. The application was further adjourned to December 12, 2016 at the applicant’s request. Additional information was requested by the Board on November 7, 2016, this information has been provided by the applicant. The public hearing was opened on November 7, 2016 and remains open. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Agent: Jason Tommell, Van Deusen and Steves Land Surveyors; Tony Bonacio, Dave Trojanski, Bonacio Construction Mr. Tommell stated the requested information concerning the lot coverages was provided to the Board. A visual presentation of the proposed request and what is now required for a variance was provided to the Board. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 15 of 20 Discussion ensued concerning how this type of error can be avoided in the future. 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 9:41 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2844.1 IN THE MATTER OF THE APPEAL OF SBDT Ventures, LLC 18 Division Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 60 Franklin Street in the City of Saratoga Springs, New York being tax parcel number 165.59-1-94 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 seek additional relief for a single-family residence in a UR-4 District and public notice having been duly given of a hearing on said application held on the November 7th and December 12th, 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 amount of relief: Required: Previously Proposed: Total relief Total relief requested: Minimum average lot width: 100 feet approved: No change previously No additional relief 55.4 feet approved: required No change Maximum principal building 25% 31% 36.2% 6 ft. (24%) 11.2% (44.8%) coverage: Minimum front yard setback: 25 ft. 14.8 ft. 14.3 ft. 10.2 ft. (40.8%) 10.7 ft. (42.8%) Minimum side yard setback: 20 ft. 2.9 ft. 2.4 ft. 17.1 ft. (85.5%) 17.6 ft. (88%) Minimum side yard setback: 20 ft. 12.4 ft. 12.2 ft. 7.6 ft. (38%) 7.8 ft. (39%) Minimum total side yard setback: 45 ft. 15.3 ft. 14.6 ft. 29.7 ft. (66%) 30.4 ft. (68%) 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 “there is no feasible means to provide relief from the as built condition.” 2. The board notes that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. From the previous application for relief on this property, the Board noted: “The applicant furnished information on lot and home widths in the neighborhood; the Board concluded that this proposed lot line adjustment and residence construction would be consistent in scale and size with the other homes around it on both sides of Franklin Street.” The relief currently requested is largely associated with overhangs and block escape wells, all of which, in relation to the as built construction and the neighborhood, will have a minimal negative impact on neighborhood character and nearby properties. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 16 of 20  3. The Board notes this variance could be considered substantial in total; however, the modifications for the as built condition are not substantial. 4. The board concludes this variance will not have significant adverse physical or environmental effect on the neighborhood or district. 5. The alleged difficulty is self-created, but this 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, Vice Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, in favor MOTION PASSES: 6-0 11. #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. The public hearing was opened and remains open. SEQRA: -Action appears to be an Unlisted Action. Part 1 of the short form was submitted. -Required approvals from the Planning Board and the DRC. -Coordinated Review recommended. -ZBA could initiate Coordinated Review and defer Lead Agency status to the Planning Board should they seek it. 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%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: -County Planning Board referral required – response received noting “No Significant County Wide or Inter Community Impact” with comment issued on August 18, 2016. -Planning Board site plan review is required. -DRC Architectural Review required. NEIGHBOR INPUT: -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. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 17 of 20 Agent: Michael Toohey, Attorney; Jamie Easton, MJ Engineering Mr. Toohey stated late this afternoon a letter in opposition to this project was delivered to staff and the applicant’s agent. He noted a similar situation occurred when the applicant appeared before the Planning Board. He feels there is a manipulation of the Boards with regard to this project. A visual presentation was provided to the Board reiterating the use in the zone as well as a visual 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-1 zone. In the Tourist Related Business District we can have an animal clinic and in the RR-1 we can have an animal kennel. The applicant’s agent is requesting closing the public hearing this evening so a vote can be taken at the next scheduled ZBA meeting. Mr. Toohey clarified the zoning districts involved in this area and permitted uses for the Board. Mark Schachner, Counsel to the Land Use Boards stated Section 1.7D of the Zoning Law states when a zoning district boundary line divides a lot or land in single ownership and is existing at the time of its enactment the district requirements on either side of the boundary maybe construed at the property owners option, as extending into the remaining portion of the property for a distance not exceeding 100 ft. Discussion ensued concerning the information provided by Mark Schachner. Mark Schachner, Counsel to the Land Use Boards stated a point of clarification. The Planning Board has not decided anything. A discussion was held by the Planning Board. They did issue a SEQRA Negative Declaration. 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. Jon Crain, Attorney, Whiteman, Osterman and Hannah, representing Iris Lu. Mr. Crain stated for the record he is objecting strenuously to the application. The letter in question was sent on Thursday to Lindsey Gonzalez and it was not uploaded to the site. We noticed that this morning and notified city staff. Our argument is the driveway and the signage outside the 100 ft. zone constitutes part and parcel of the use of the parcel. Our contention is that a use variance is required citing the use is against the current zoning. Iris Lu, property owner spoke concerning the use and what is permitted in this area. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing was opened and remains open. Bill Moore, Chairman stated a resolution will be prepared and presented at the December 19, 2016, ZBA Meeting. 12.. #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 This application was heard at the April 25, 2016 meeting and adjourned. The public hearing was opened and remains open. The applicant submitted additional information on October 19, 2016. The public hearing has been re-noticed due to the length of time that the application has been pending. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 18 of 20 SEQRA: Action appears to be unlisted. A short EAF was submitted. PARCEL HISTORY: -City Council failed to consider the petition for a zoning map amendment from UR-2 to UR-4A, May 15, 2012. -Planning Board Unfavorable Advisory Opinion Issued to the City Council for the proposed zoning map amendment, April 25, 2012. -Special Use Permit for up to Six Senior Housing Units issued January 13, 2005. -Site Plan Approval granted May 12, 2010. NEIGHBOR INPUT: -Email correspondence from Nicole Buck, received November 17. -Email correspondence from Tracy Solarek, 41 Lake Avenue, received November 15. -Email correspondence from Annamaria Bellantoni, received November 16. -Email correspondence from Raymond Bryan, received November 17. -Email correspondence from George Koshuta, received November 17. -Email correspondence from Angie Sultan, received November 17. -Email correspondence from Mike Billok, received November 15. -Email correspondence from Diane Boylan, received November 16. -Email correspondence from Matthew Pappis, received November 16. Applicant: Charles Toohey Agent: Michael Toohey, Attorney; Jamie Easton, MJ Engineering Mr. Toohey stated no additional information was requested by the Board. 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 10:05 P.M. Bill Moore, Chairman asked if there were any further questions or comments from the Board. Discussion ensued concerning the four tests for the use variance, the application and the self creation issue as well as the density bonus. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA meeting scheduled for December 19, 2016. APPROVAL OF MINUTES: Cheryl Grey, alternate, made a motion to approve the minutes of the November 7, 2016 Zoning Board of Appeals Meeting with additions or corrections as submitted. City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 19 of 20 Gary Hasbrouck seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Cheryl Grey, alternate in favor Cheryl Grey, alternate, in favor MOTION PASSES: 6-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 10:20 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 1/9/17 City of Saratoga Springs - Zoning Board of Appeals – December 12, 2016 - Page 20 of 20