Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, MAY 22, 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; Cheryl Grey; Oksana Ludd, 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: #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. #2966 BEHAN ACCESSORY STRUCTURE INTERPRETATION, 66 White Street, interpretation appeal of determination of the Zoning and Building Inspector that permitted water and sewer connections to a previously approved residential garage in the Urban Residential-3 District. DISCLOSURE: Board member Gary Hasbrouck disclosed that he did view the previous ZBA meeting via webcast as well as staff notes. He is informed about the previous meeting agenda items and is able to vote this evening. NEW BUSINESS: 1. #2964 SKIDMORE COLLEGE ROWING EXPANSION, Staffords Bridge & Meadowbrook Roads, area variance for construction of a training facility and boat storage buildings to existing rowing facility; seeking relief from the minimum front yard setback requirement for buildings and parking area in the Rural Residential District. RECUSALS: Board Vice Chairman Keith Kaplan is recusing from this application since he is a nearby property owner. Board Member Susan Steer is recuing from this application since her husband works for Skidmore College. DISCLOSURES: Bill Moore, Chairman disclosed he did work for Skidmore on this parcel of land, nothing to do with the actual project itself. This does not prevent him from rendering and impartial decision on this project. Cheryl Grey disclosed she did row for Skidmore at this boathouse back in 1992. This does not influence my decision nor is there any financial gain. SEQRA: This action appears to be an Unlisted Action; a short EAF has been submitted by the applicant. Applicant: Dan Rodecker, Skidmore College Agents: Don McPherson & Bob Kernan, LA Group Mr. McPherson stated this project has been in the works for the last five or six years. Skidmore’s goal is to properly accommodate the existing rowing program it is not booming but has been underserved for the last several years. Part of that is the capacity. There is no room for the team to be indoors. The existing facility is merely storage for the boats and there are more boats than can fit into that building. A visual presentation of the proposed project and the existing neighborhood was provided for the Board’s review. Mr. McPherson provided information to the Board concerning the construction of the existing bridge nearby which provided a narrow strip of area for parking. Skidmore has invested in the old boathouse to both stabilize it and improve the appearance. The buildings are in the extreme corner of the property which is also the extreme corner of the City. The majority of this property has significant environmental constraints for development, including wetland and unstable soils. These conditions have caused this difficulty by limiting the developable areas to approximately .3 acres on a narrow stretch of land. A visual rendering of the proposed project was provided. The currently parking area has morphed over time and could be better organized. The property line is right up to the existing building. If we move the building 60 feet to meet the setbacks we are in the wetlands. Mr. Kernan provided a visual noting where the wetlands were delineated and the City property line noting the constraints placed on the project. Mr. McPherson stated the 100 foot buffer for the wetlands actually crosses the road. Also noted was location of the proposed parking area and moving it away from the front yard in an effort to improve the aesthetics of the property. There is also a slight total gain of impervious on the property. Bill Moore, Chairman questioned the Board if they were in agreement for coordinating SEQRA with the Planning Board as well as deferring SEQRA Lead Agency to them. Discussion ensued among the Board concerning SEQRA. Bill Moore, Chairman made a motion to defer SEQRA Lead Agency Status to the Planning Board. City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 2 of 10 Adam McNeill, Secretary seconded the motion. VOTE: Bill Moore, Chairman, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, Alternate, in favor; Gary Hasbrouck, in favor; Cheryl Grey, in favor; MOTION PASSES: 5-0 Mr. McPherson stated the applicants are in discussion with the County concerning using the property and the County right of way. Discussion ensued among the Board concerning alternatives to this design, switching the location of the buildings and if two stories were investigated. Mr. McPherson provided information concerning the current plan and configuration of buildings. The applicant’s agent stated they will confer with the architect and submit information to staff for the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:30 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Dominick Figlimini, 109 County Route 68. Questioned the plans and if this will invite more people to the regattas. Bill Moore, Chairman stated Mr. Figlimini and the applicant should meet to explain the proposed plans. Bill Moore, Chairman stated the public hearing will remain open. The applicant will return following their appearance to the Planning Board. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: -Saratoga County Planning Board referral required – County DPW approval of placement of parking area within the County ROW. -Lot line adjustment to consolidate the two lots required. -Special Use Permit and Site Plan Review by the Planning Board required. Susan Steer resumed her position on the Board. Keith Kaplan, Vice Chairman resumed his position on the Board. Oksana Ludd, Board Alternate exited the building at 7:34 P.M. 2. #2967 HALLER ADDITION, 73 Union Avenue, area variance for a rear porch expansion to an existing single family residence; seeking relief from the maximum principal building requirement in the Urban Residential-4 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 3 of 10 PARCEL HISTORY: -Interpretation appeal to create a two-unit condominium with each unit being one of the two existing principal buildings – the Board concluded that this was change in ownership and not a subdivision of land that would violate the condition of prior approval “no further subdivision of land” – May 13, 2013. -Area variance for an existing accessory structure to be converted to a second principal building-relief from the maximum Principal building coverage) two principal structures combined), minimum front yard (George St.) and minimum side Yard setbacks and minimum side yard setback to parking-approved-May 7, 2012. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING/PREVIOUSLY APPROVED PROPOSED TOTAL RELIEF REQUESTED Maximum principal building Additional 1% (4%) coverage: 25% 27% 28% (3% total or 12%) Applicant: John Haller, homeowner Agent: Mike Phinney, Principal, Phinney Design Group; Brennan Drake, Phinney Design Mr. Phinney stated this property is located at 73 Union Avenue in the Historic District of the City. A visual presentation of the site was provided for the Board’s review. The building has gone through an evolution of changes. The property was carved up and the hope of this homeowner is to return the property to a single family residence. Mr. Phinney provided a visual of the proposed rear porch project noting other porch elements on the home. The current roof drops water, snow and ice into the pathway which connects from the existing carriage house and parking to the main house. There is a desire to cover that from the elements and provide a rear mudroom entrance into the home. A variance was granted in 2012 which was related to their carriage house. Our proposal is to take the existing porch and enclose that and add a new side entranceway which will be covered with a landing spot which will add 55 square feet of coverage. There have been no changes to the home since that construction was done in 2012. The relief requested from the maximum principal building coverage may not be considered substantial at 4% for the proposed addition and 12% total relief. For informational purposes Mr. Phinney provided some information on the changes inside the home. The interior changes of the home will not increase the footprint of the home. Alternative designs were considered and those were provided to the Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:49 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Email received May 22, 2017 from Ralph Giwerc, George Street. Bill Moore, Chairman closed the public hearing at 7:50 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2967 IN THE MATTER OF THE APPEAL OF John and Michelle Haller 73 Union Ave Saratoga Springs NY 12866 City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 4 of 10 from the determination of the Building Inspector involving the premises at 73 Union Ave in the City of Saratoga Springs, New York being tax parcel number 166.69-1-32 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 a rear porch for an existing single-family residence in a UR-4 District and public notice having been duly given of a hearing on said application held on the 22nd day of May 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 variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PREVIOUSLY APPROVED PROPOSED RELIEF REQUIREMENT REQUESTED Maximum Principal Building Coverage 25% 27% 28% 3% or 12% relief 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. Per the applicant, other designs were evaluated, however the current design allows the applicant to have a first floor bedroom and full bath if needed. The Board notes that the proposed design minimally affects footprint while allowing the first floor layout to be capable of accommodating a bedroom and bath in the future. 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 is in a location that is difficult to view from the neighboring properties or from the street; this visual block of the proposed project greatly mitigates potential neighborhood impact. 3. The Board finds this variance to be not substantial on a percentage basis or on an absolute basis. There was already a variance in place bringing the principal lot coverage to a level higher than the district requirement. This new level of relief is therefore minimal in its relative scope and size. 4. This variance 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 rear porch area; the lot as shown in the application materials will meet permeability requirements of 15%, with 55.5% 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. Note: DRC Historic Review is required. Susan Steer seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Cheryl Grey, in favor; MOTION PASSES: 6-0 3. #2968 WILLIAMS ADDITION, 95 Catherine Street, area variance for an addition to an existing single-family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential-2 District. City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 5 of 10 SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variance to permit the creation of a new building lot for a single-family house on the lot designated as 97 Catherine Street and to maintain the single family residence on the lot designated as 95 Catherine Street denied April 8, 2013. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback 8ft. 0 ft. 2 ft. 6 ft. (75%) Agent: Tonya Yasenchak, Engineering America Ms. Yasenchak is representing the Williams. They have purchased this home in 2014. They have been doing some renovations to the interior of the home. They would like to put an addition to the rear of this home. The lot is very small. This is a double lot with two separate tax parcels. A lot line adjustment will be pursued to merge the lots. The applicants are looking for a rear deck, more space in the rear, more connectivity to the yard, more living space on the first floor. Interior expansion plans were submitted to the Board. Other options were considered but they did not provide the applicants the space they are requesting. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:05 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 scheduled ZBA meeting on June 12, 2017. OLD BUSINESS: 1. #2963 STEIGER ADDITION, 238 Maple Avenue, area variance for a previously constructed second story addition to an existing single family residence; seeking relief from the minimum side yard and minimum total side yard setback requirements in the Urban Residential-2 District. This application was heard at the May 8, 2017 meeting. The public hearing was opened and remains open. No additional information was requested from the applicant. 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. City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 6 of 10 Bill Moore Chairman closed the public hearing at 8:06 P.M. DISCLOSURE: Bill Moore, Chairman stated he did view the prior webcast and staff notes. He is informed concerning the application and is comfortable voting on this application. Keith Kaplan, Vice Chairman stated he did view the prior webcast and staff notes. He is informed concerning the application and is comfortable voting on this application. Adam McNeill, Secretary presented the following resolution. #2963 IN THE MATTER OF THE APPEAL OF James & Rochelle Steiger 238 Maple Avenue Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 238 Maple Avenue in the City of Saratoga Springs, New York being tax parcel number 166.29-1-25 in the Inside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit an addition to a single-family residence in an UR-2 district and public notice having been duly given of a hearing on said application held on the May 8th and May 22, 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 amount of relief: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Min. side yard setback: 8 ft. .3 ft. .3 ft. 7.7 ft. (96%) Min. total side yard setback: 20 ft. 8.8 ft. 8.8 ft. 11.2 ft. (56%) 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 additional already exists, however upon further review of the lot and positioning of the residence, alternative locations for the addition would also create additional need for a variance. 2. The board notes that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The addition raised the roof height on that side of the house less than 5’ which is not significant or out of character within the neighborhood or district. 3. The request for relief could be considered substantial at 56% and 96%. However, the existing residence is preexisting nonconforming with regard to the side yard and total side yard setbacks. The project is a vertical expansion – an addition to the second story of the residence – and the footprint of the residence did not change. 4. The board concludes this variance will not have significant adverse physical or environmental effect on the neighborhood or district. The permeability of the site will not increase with the addition. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed addition, but this is not necessarily fatal to the application. City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 7 of 10 Keith Kaplan, Vice Chairman 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; Cheryl Grey, in favor; MOTION PASSES: 6-0 #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. This application was heard at the April 10, 2017 meeting and adjourned awaiting additional information. The public hearing was opened and remains open. Additional information was provided by the applicant both existing and proposed floor plans and elevation drawings. Agent: Tonya Yasenchak, Engineering America Ms. Yasenchak verified that the addition will not go over the main portion of the home. Everything which is being repaired will be repaired in kind. 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. Pierre Wolf, 37 Park Place. Mr. Wolf asked that the Board review the letter from Dr. Lombardo who cannot be here tonight. The owners are serial hoarders. The property was cleaned up a bit. Just concerned about the state of the property. Bill Moore Chairman closed the public hearing at 8:13 P.M. Adam McNeill, Secretary presented the following resolution. #2955 IN THE MATTER OF THE APPEAL OF Tin Roof LLC, 32 Park Place Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 32 Park Place in the City of Saratoga Springs, New York being tax parcel number 165.84-1-49 in the Inside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit an addition to a single-family residence in an UR-2 district and public notice having been duly given of a hearing on said application held on the April 10th and May 22nd, 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 amount of relief: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum rear yard setback: 25 ft. 4.3 ft. 5.5 ft. 19.5 ft. (78%) City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 8 of 10  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 noted that they considered building the addition onto the side of the house, however they felt “an addition to the side would not only change the circa 1820 aesthetic of the house, it would also be more visible to the neighbors, making the site appear more dense from Park Place”. 2. The board notes that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The nature of the construction, located in the rear of the building, is not readily visible from the road. Furthermore, the application states “the residence as a whole will be repaired to a new condition and better the neighborhood aesthetic.” 3. The request for relief could be considered substantial at 78%. However, the existing setback is 4.3 feet from the rear property line, while the rebuilt addition would be more conforming at 5.5’ from the same line. Furthermore, the application states “Although the variance appears substantial, the site conditions are actually improving by 7.2%”. 4. The board concludes this variance will not have significant adverse physical or environmental effect on the neighborhood or district. The application notes the existing building, with roof overhangs, covers 30.5% of the site. The new design minimizes the building’s footprint and will result in a compliant coverage of under 30%. This reduction in footprint will therefore increase the site’s permeability. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed building, but this is not necessarily fatal to the application. Cheryl Grey seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Cheryl Grey stated she will not be voting for this application. Granting a variance is a privilege not a right. She does not feel the applicants have been good custodians of the property. Susan Steer stated she understands the concern of the neighbors and hope granting this variance will allow the work to be done on this property. Adam McNeill, Secretary stated we have received many neighbor comments, well documented. None have been legally defensible. I am in support of this application. Keith Kaplan, Vice Chairman stated he agrees with Adam and Susan. I want to say my support of this particular granting of relief does not necessarily translate into support of the project as a whole. Bill Moore, Chairman stated he also agrees with Adam, Keith and Susan. 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 MOTION PASSES: 5-1 APPROVAL OF MINUTES: City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 9 of 10 Keith Kaplan, Vice Chairman made a motion to approve the minutes of the April 24, 2017 Zoning Board of Appeals minutes as amended. 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; MOTION PASSES: 6-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:21 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 6/12/17 City of Saratoga Springs - Zoning Board of Appeals – May 22, 2017 - Page 10 of 10