Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, APRIL 24, 2017 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 Susan Steer; James Helicke; Cheryl Grey STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney, 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: #2955 TIN ROOF, LLC ADDITION, 32 Park Place, area variance for an addition to an existing single-family residence; seeking relief from the minimum rear yard setback requirement in the Urban Residential-2 District. #2956 GROSSMAN PORCH, 169 Union Avenue, area variance for a covered porch addition to an existing residence; seeking relief from the minimum front yard (Ludlow) setback, minimum side yard setback and maximum principal building coverage requirements in the Urban Residential-4 District. #2958 ENGLERT PORCH, 52 Franklin Street, area variance for an enclosed porch addition to an existing single family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-1 District. #2876.1 BENTON SUBDIVISION, 58 Fifth Avenue, area variance to construct a single family residence; seeks relief from the minimum front yard, minimum side yard, minimum total side yard and minimum rear yard setbacks, and maximum principal building coverage requirements in the Urban Residential-1 District. #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. #2957 MANEY MULTI-FAMILY, 18 Cherry Street and 38 Marvin Alley, discussion and consideration for Coordinated SEQRA Review for two residential condominium buildings and associated site work in the Urban Residential-4 District. #2931 LAKE LOCAL, 550 Union Avenue, consideration for Coordinated SEQRA Review for expansion and construction of eating and drinking establishment, marina and docks and tourist accommodations in the Water Related Business and Rural Residential Districts. NEW BUSINESS: 1. #2959 NAHILL PORCH, 121 Circular Street, area variance to construct a new front porch addition to an existing multi-family residence; seeking relief from the minimum front yards (Caroline and Circular) and maximum principal building coverage requirements in the Urban Residential-3. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variances for this project were granted on July 27, 2015 but the approval expired because the applicant failed to secure a building permit and commence actual construction within 18 months. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage 30% 43.9% 45.7% Additional 1.8% Total 15.7% (52%) Maximum front yard setback-Circular 10 feet 7.4 feet 7.4 feet 2.6 feet (75%) Minimum front yard setback – Caroline 10 feet 0 ft.(to house) 1.1 feet 8.9 feet (96%) Applicant: Roberta Nahill Keith Kaplan, Vice Chairman questioned the applicant if the application was the same application presented and approved by this Board on July 27, 2016 Ms. Nahill stated the project is identical to what was presented and approved by this board. The project is identified in the 1910 photograph in the Bolster collection. It was originally a wraparound porch and it will not be a wraparound due to living quarters on the third floor. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:07 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 7:08 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2959 IN THE MATTER OF THE APPEAL OF Roberta Nahill 121 Circular St. Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 121 Circular St. in the City of Saratoga Springs, New York being tax parcel number 165.60-2-40 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 front porch for an existing single-family residence in a UR-3 District and public notice having been duly given of a hearing on said application held on the 24th day of April 2017. City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 2 of 10 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 PROPOSED RELIEF DIMENSIONAL REQUESTED REQUIREMENT Minimum Front Yard Setback (Circular St) 10’ 7.4’ 2.6’ or 26% Minimum Front Yard Setback (Caroline St) 10’ 1.1’ 8.9’ or 89% Maximum Principal Building Coverage 30% 45.7% 15.7% or 52% 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 Board notes this residence is in a historic district and, per the applicant, the purpose of the project is to restore the Circular Street section of the porch to its original design as depicted in a 1910 photograph. Per the applicant, this design’s intention is to restore the porch to the original design, as closely as possible. The board notes that this goal limits the applicant with respect to design options, however this consideration is found to be outweighed by the consideration of neighborhood character, noted below. 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 the proposed porch design follows the design that was shown in the 1910 photograph referred to above. The Board further notes numerous other porches in the neighborhood around the subject property, closely arranged to the sidewalk on Circular and Caroline Streets. 3. The Board finds these variances to be substantial on a percentage basis; however, as noted above the relief requests are part of a design to follow the original porch design in this historic downtown neighborhood. The Board finds this design consideration mitigates the impact of the substantiality of these dimensional variances. The board further notes that the Circular St and Caroline St. setback requirements are each the continuation of an existing non-conforming setback, and the principal building coverage is also already non-conforming, with this project not adding a significant amount (approx.. 1.8%) of coverage variance. 4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district, as the footprint will only change slightly to the extent of the small front addition area; the lot as shown in the application materials will meet permeability requirements of 25%, with 25.8% noted as permeable under this proposal. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed porch, but this is not necessarily fatal to the application. The Board further notes this is a restoration project and not the addition of a porch to a structure that had never had one. Note: The Board notes this proposal was approved under motion #2845, on July 27, 2015. The variances in that approved Board resolution expired without extensions being applied for and those variances are being requested as a new application. DRC Historic Review required. James Helicke seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 3 of 10 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; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 7-0 2. #2960 WHALEN GARAGE, 39 Second Street, area variance to permit finished/habitable space in an accessory structure (residential) in the Urban Residential-2 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Pool changing entertainment area (with half bath) in accessory structure (residential): Unfinished/uninhabitable space Finished/habitable space 100% Applicant: Andy Whalen, homeowner Mr. Whalen is requesting relief to provide finished/habitable space in a detached garage where only unfinished storage space is permitted. Half bathroom for the rec room over the garage is proposed. The Building Department has issued a building permit for a garage with unfinished space only. The applicant indicates that there are no other feasible alternatives. The garage meets the dimensional requirements in the district. The applicant indicates that a building permit was issued for the garage and indicates that change will be internal to that structure. There is no adverse physical or environmental impact. This is for seasonal use only. The minimum site to remain permeable is identified as 60% where 15% is required in the district. The applicant provided floor plans for the Board’s review. Gary Hasbrouck questioned the applicant with regards to the five tests for an area variances requested and other feasible options. Mr. Whalen stated there are no other alternatives. Discussion ensued among the Board concerning the variances requested, the finished space requested and its usage. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:35 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. No additional information has been requested from the applicant. A resolution will be prepared and presented at the next ZBA meeting scheduled for May 8, 2017. 3. #2961 McMAHON ADDITION, 96 White Street, area variance to construct a second-story addition to an existing single-family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-3 District. City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 4 of 10 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 4 ft. 2 ft. 2 ft. 2 ft. (50%) Applicant: Jennifer McMahon Agent: Thad Smith Mr. Smith stated the applicant is requesting a story and a half addition to the rear of the home. A visual presentation was provided to the Board. The existing residence is nonconforming with regard to the side yard setback. The project is vertical expansion, and the existing footprint of the home will not change. The addition is not visible from the street. The design is in keeping with the existing architecture of the home and neighborhood, and it will not adversely affect the sight lines or shading of the adjoining property. Susan Steer questioned the applicant regarding what other alternatives the applicant considered. Mr. Smith stated he did provide a floor plan for the Board. Mr. Smith stated the addition is not substantial in that the noncompliant condition already exists and will be extended in height, but will not be any closer to the property line. The only design option for bringing the extended wall into compliance would be to set it back from the first floor wall. This would be less functional from a structural perspective and less appealing from an architectural perspective. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:41 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 May 8, 2017. 4. #2962 MUMFORD/KLEPETAR GARAGE, 58 Newton Avenue, area variance to construct an attached garage addition to an existing single-family residence; seeking relief from the minimum side yard and total side yard setbacks in the Urban Residential-2 District. DISCLOSURE: Cheryl Grey stated that she knows Colin Klepetar. She has no financial interest in this application. There is no need for recusal, simply disclosure. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 5 of 10 AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 8 ft 4.5 ft. 3.5 ft. (44%) Minimum total side yard setback 20 ft. 11.5 ft. 8.5 ft. (42%) Applicant: Colin Klepetar, owner Mr. Klepetar stated he spoke to his neighbors regarding this project and they have no objections. We purchased the home approximately 1½ years ago. Due to where the house is located on the lot, to the rear and central, no matter where the applicants built an attached garage it would be likely they would need a variance. The application stated the proposed garage is smaller in width than a typical two car garage in order to leave ample space on the property line while still giving us room for storage for two cars. James Helicke questioned the alternatives and any other configurations even a detached accessory structure or a smaller garage. Mr. Klepetar stated they considered a detached garage. It would be closer to the neighbor’s property line since our home is in the middle of the lot and back towards the rear property line. This is the only solution allowing a two car garage and storage. Cheryl Grey questioned if the current driveway would remain intact. Mr. Klepetar stated the current driveway and curb cut will be eliminated and a new curb cut and driveway will be installed to the north. Our plan is to do a gravel or porous material for the driveway to eliminate runoff. Keith Kaplan, Vice Chairman questioned the applicant if stacking the garage and making it longer and deeper on the south side of the house. Mr. Klepetar stated they did look into that alternative however it was not feasible for their needs, and there were issues with the roof lines. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:51 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 remains open. A resolution will be prepared and presented at the next ZBA meeting scheduled for May 8, 2017. OLD BUSINESS: 5. #2952 SMITH HOME OFFICE, 78 Lincoln Avenue, area variance for a home office in a detached garage; seeking relief to permit finished/habitable space in an accessory structure (residential) in the Urban Residential-2 District. This project was heard at the April 10, 2017 meeting and adjourned to April 24, 2017. The public hearing was opened and remains open. No additional information was requested by the Board. PUBLIC HEARING: City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 6 of 10 Bill Moore, Chairman stated the public hearing was opened and remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 7:51 P.M. Gary Hasbrouck presented the following resolution. #2952 IN THE MATTER OF THE APPEAL OF Raymond and Karen Smith 78 Lincoln Avenue Saratoga Springs NY 12866 from the determination of the Building Inspector involving the same premises, identified as Tax Parcel no. 165.84-2-16, Inside District of the City of Saratoga Springs, New York. Whereas, the appellant having applied for an area variance for relief from the current City Zoning Ordinance for creating habitable space in an accessory building in a UR-2 zoning district; and public notice having been duly given of a hearing on said application held on April 10 and 24, 2017. 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 Home office (with half bath) in Unfinished/uninhabitable Finished/habitable Total relief requested: accessory structure (residential): space space 100% 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant indicated the current 8’ x 10’ bedroom is not fulfilling her needs for an office. The application states, “We needed to build a garage anyway so a permit was obtained, and now we are seeking a variance to turn the storage area above the newly completed garage into a home office with a ½ bath”. 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, “We designed a very classic carriage style garage with 2nd floor loft which will add value to the surrounding neighborhood”. The subject property is located on the corner of Lincoln Ave. and Vanderbilt Ave. next to the Saratoga Springs Recreational Facility. The garage appears to be in rear of the property behind the house but accessible via driveway from Vanderbilt Ave. 3. The relief requested variance may be considered substantial; 100% relief is substantial but will be somewhat mitigated by conditions placed on that 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. City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 7 of 10 Condition: Garage may not contain a kitchen nor bathing facilities. Only a ½ bath will be allowed. No overnight stays. Susan Steer seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Cheryl Grey stated she will be voting against this application. The applicants purchased this home they knew what they were getting. They did apply for a two car garage with unfinished space. A very short time later they are already looking to finish something. In this neighborhood it would make a very nice rental as a studio apartment. Whether they do it or the next owner it is permanent change to the area. James Helicke stated this Board is allowing these habitable spaces in the garage on too many projects. It is become way too common. This is a case that is a self created project. A condition with consistent language and stipulate no overnight stays. This is a dangerous precedent and I will not be voting in favor of this application. Keith Kaplan, Vice Chairman stated he does feel no overnight stays should be included in the resolution. Susan Steer stated she also feels the no overnight stays should be a condition of approval. We are setting up restrictions on the approval. A lot of the issues people are concerned with are enforcement issues and that is not necessarily our purview. Adam McNeill, Secretary stated he does share Susan’s comments. Bill Moore, Chairman stated he also shares Susan’s comments. 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; Cheryl Grey, opposed; James Helicke, opposed MOTION PASSES: 5-2 6. #2954 KAZLO ADDITION, 8 Ritchie Place, area variance for an addition to an existing single-family residence; seeking relief from the minimum side yard setback, minimum total side yard setback and maximum principal building coverage requirements in the Urban Residential-1 District. This project was heard at the April 10, 2017 meeting and adjourned to April 24, 2017. The public hearing was opened and remains open. 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 7:58 P.M. James Helicke presented the following resolution. City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 8 of 10  #2954 IN THE MATTER OF THE APPEAL OF Patricia Kazlo 8 Ritchie Place Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 8 Ritchie Place in the City of Saratoga Springs, New York being tax parcel number 166.46-2-25 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 an addition to an existing single-family residence in the UR-1 district and public notice having been duly given of a hearing on said application held on April 10 and 24, 2017. 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: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback: 12 feet 1.6 feet 1.6 feet 10.4 ft. (87%) Min. total side yard setback: 30 ft. 11.8 ft. 11.8 ft. 18.2 ft. (61%) Max. principal building coverage: 20% 24% 26.8% 6.8% (34%) 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. Per the applicant, the addition cannot be relocated to another location on the lot to minimize the side setback variances required as the existing bedroom and bath are located along the north side of the house. The Board notes that the addition is a relatively small 150 sq. ft. along an already established 1.6 ft. side yard setback. The Board further notes that the existing lot is substantially smaller in area and width than that which is required in the district. Any addition would require relief from the maximum principal building coverage requirement. 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 addition is on the rear of the existing residence and would not be visible from most neighbors or from the street. As the application states, “The materials for the proposed addition have been specified to continue the character and aesthetic of the existing house and neighborhood”. 3. The Board notes the requested variance is substantial, however the Board notes that the existing house is preexisting nonconforming with regard to all areas of relief requested. As the applicant states, “The variances requested do appear substantial; however, as the existing house and site are preexisting and nonconforming, the variances arising from the small addition are not substantial”. . 4.This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. As the application states, “The addition will not change the drainage or runoff patterns already associated with this site”. The Board notes that the site to remain permeable would be 34%, which exceeds the minimum 30% in the district. 5.The alleged difficulty is self-created insofar as the applicant desires to construct a master suite and private bathroom addition to the home, 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. City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 9 of 10 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; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 7-0 APPROVAL OF MINUTES: Keith Kaplan, Vice Chairman, made a motion to accept the minutes of the March 27, 2017 Zoning Board of Appeals Meeting with corrections as submitted. Cheryl Grey 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; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 7-0 Cheryl Grey made a motion to accept the minutes of the April 10, 2017 Zoning Board of Appeals meeting with corrections as submitted. Cheryl Grey 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; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 7-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:10 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 5/22/17 City of Saratoga Springs - Zoning Board of Appeals – April 24, 2017 - Page 10 of 10