Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, JUNE 12, 2017 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:01 P.M. SALUTE TO THE FLAG: PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Susan Steer; Cheryl Grey; James Helicke; Oksana Ludd, Alternate: ABSENT: Adam McNeill, Secretary; Gary Hasbrouck 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. Adjourned to July 10, 2017. #2969 PEEK CARRIAGE HOUSE, 34 York Avenue, area variance to demolish an existing barn/garage and rebuild a New garage with habitable space; seeking relief from the maximum accessory building coverage requirement and to permit habitable/finished space in an accessory structure (residential) in the Urban Residential-3 District. Adjourned to June 26, 2017. #2964 SKIDMORE COLLEGE ROWING EXPANSION, Stafford’s 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. Adjourned to June 26, 2017 due to lack of a quorum for this project. NEW BUSINESS: 1. #2970 SKIDMORE SCIENCE CENTER ADDITION, 815 Broadway, area variance for an addition to the Dana Science Center; seeking relief to exceed the maximum building height with placement of mechanical equipment in the Institutional Educational District. RECUSALS: Board Member Susan Steer recused from this application since her spouse works for Skidmore College. Board Member James Helicke recused from this application since he is a faculty member at Skidmore College. SEQRA: This action appears to be an Unlisted Action; a short EAF has been submitted by the applicant. The project also requires Site Plan Review by the Planning Board. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum roof area to be covered with mechanicals that exceed the maximum building height 25% 47% 22% (88%) Maximum height: for 160 sq. ft. of occupied space 50 ft. 60 ft. 10 ft. 20%) Applicant: Dan Rodecker, Skidmore College Agents: Don McPherson & Bob Kernan, LA Group; Sara Lindenfeld, Payette Architects Mr. McPherson stated he is here this evening to present this CIS project to the ZBA. That is the Center for Integrated Sciences. Skidmore’s goal is to integrate the sciences and bring them together in generally one location. An aerial view was provided to the Board noting the proposed location of the proposed addition. This is within the core of the campus and very deep into the campus basically. There will be some improvements closer to Broadway. The building height and coverage was provided to the Board noting the mechanical penthouse is stepped back from the edge of the main building to reduce its visual impact. Ms. Lindenfeld provided a visual presentation of the proposed addition. We will be demolishing Harder Hall, and building a new structure which wraps around the east and north and connects in to the old Dana. This chosen alternative allows the college to expand the facilities while having the least impact on the existing building, surrounding campus buildings and the existing site infrastructure. We have three floors of building and the fourth floor is the penthouse level which is 60 feet above grade and that is the maximum allowed. The penthouse is stepped back from the edge of the main building to reduce its visual impact. It is a science building and they do require a lot of mechanical needs. There is also a 160 sq. ft. occupied space on the penthouse level which is a research lab which is placed away from a trafficked corridor. The required height variance associated with the proposed building expansion is set within the college campus, well away from any neighboring properties. Keith Kaplan, Vice Chairman questioned the penthouse. Ms. Lindenfeld stated this is a mechanical penthouse, except for the research lab occupied space. Cheryl Grey questioned the height of the newly proposed building. City of Saratoga Springs - Zoning Board of Appeals – June 12, 2017 - Page 2 of 7 Mr. Rodecker stated the new building will be higher than most other existing buildings due to the mechanicals on the roof. A majority of the mechanicals have been moved off the roof trying to reduce the number of mechanicals. PUBLIC HEARING: Bill Moore, Chairman, opened the public hearing at 7:22 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 June 26, 2017. Board Member Susan Steer resumed her position on the Board. Board Member James Helicke resumed his position on the Board. Oksana Ludd, Board Alternate exited the meeting at 7:34 P.M. 2.#2965 MARTINEZ ADDITION, 114 Fifth Avenue, area variance for a rear living room addition to an existing single- family residence; seeking relief from the minimum rear yard setback and maximum principal building requirements in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variance for front and side additions to an existing single family residence, relief from the minimum front and total side yard setbacks and maximum principal building coverage, approved May 5, 2004. -Area variance to accommodate new construction that exceeded previous relief granted additional relief from the minimum front yard, side yard, total side yard and maximum principal building coverage, approved September 26, 2005. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING/PREVIOUSLY APPROVED PROPOSED TOTAL RELIEF REQUESTE4D Maximum principal building coverage 20% 28% 31.8% 3.8% (14%) (11.8% total or 59%) Minimum rear yard setback 30 ft. N/A 13.6 ft. 16.4 ft (55%) Applicant: Mario and Dawn Martinez Agents: Michael Tuck, Trevor Flynn, Balzer & Tuck Architecture Mr. Tuck stated the Martinez’s purchased this home over ten years ago, now it will become their full time residence. The proposed addition wishes to minimize the impact on the existing site and character of the surrounding area by only requesting enough square footage for the living room and it is in keeping with similar homes along Fifth Avenue. The lot is pre-existing nonconforming with the lot area requirement – existing is 10,000 square feet while 12,500 is required in the UR-1 District. A visual presentation of the site and neighborhood was provided for the Board’s information. The addition is proposed within an existing hardscape patio area. The lot will remain 52% permeable with no change which exceeds the minimum of 30% in the district. City of Saratoga Springs - Zoning Board of Appeals – June 12, 2017 - Page 3 of 7 Keith Kaplan, Vice Chairman questioned any feasible alternatives to the project. Mr. Tuck provided some information stating the applicant tried to rotate the addition, yet due to the existing roof geometry and existing fenestration openings those explorations became unfeasible. The other potential location explored was east of the existing slate porch. This would have allowed for a 12’ wide space, however it would also require variances and result in a larger roof form that would block the second floor egress windows. Susan Steer requested information concerning the nearby properties that exceed property coverage, to get a sense of the neighborhood. Also, would the applicant be willing to have the variances condition no additional accessory structures on the properties. Mr. Tuck stated he is sure they will be fine with the condition and the additional information requested will be provided. Keith Kaplan, Vice Chairman questioned specific information concerning lot coverages and how they fit in with the residences that currently exceed property coverage. James Helicke questioned if the space the applicants needs could be made smaller to encroach less on the rear setback. This is a substantial variance. Mr. Tuck stated they will provide the additional requested information to the Board. Discussion ensued among the Board concerning the amount of relief requested and amount of lot coverage. 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 remain open. A resolution will be prepared and presented at the next ZBA meeting scheduled for June 26, 2017. 3.#2971 BUTTON ADDITION, 21 Elizabeth Lane, area variance for a front entry and porch addition to an existing single- family residence; seeking relief from the minimum side yard setback and maximum principal building coverage requirements in the Urban Residential -1 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 Maximum principal building coverage 20% N/A 24% 4% Minimum front yard setback 30 ft. Approx 25 ft. 13 ft. 17 ft. (57%) Agent: Joe Paradis & Michael Tuck, Balzer & Tuck Architecture Mr. Paradis stated this home is currently 1400 square foot single family ranch home. The home currently encroaches on the setback. The front setback is 20.7 feet. The porch and front entry are basically for protection from the elements but City of Saratoga Springs - Zoning Board of Appeals – June 12, 2017 - Page 4 of 7 it does add to the aesthetic of the existing residence and neighborhood by using architectural elements and materials familiar to the neighborhood. The proposed addition wishes to minimize the impact on the existing site and character of the surrounding area by only requesting enough depth and square footage for a reasonable entrance and covered porch similar to other homes along Elizabeth Lane. The size of the deck provides only the minimum amount of space required to serve the owner’s needs. The front entry addition at 13’ from the front property line would appear to be setback more substantially because of the substantial 50’ ROW width. Cheryl Grey questioned if the applicants would reduce the size of the entrance to minimize the amount of relief requested. Mr. Paradis stated a smaller porch would be difficult to provide enough space for comfortable use. Cheryl Grey stated the following correspondence was received by the Board. Meaghan and Samuel Creydt, 24 Elizabeth Lane. Thomas Filion, 26 Elizabeth Lane. Discussion ensued among the Board concerning the proximity to the road. The Board requested several neighboring properties proximity to the road. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:06 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 June 26, 2017. OLD BUSINESS: 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. This application was heard at the May 22, 2017 meeting and adjourned to June 12, 2017. The public hearing was opened and remains open. Board Member James Helicke stated he has reviewed the information on this project. He feels well informed and is comfortable voting on this project. 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 8:07 P.M. City of Saratoga Springs - Zoning Board of Appeals – June 12, 2017 - Page 5 of 7 Cheryl Grey presented the following resolution. #2968 IN THE MATTER OF THE APPEAL OF Sandra Williams 95 Catherine Street Saratoga Springs, NY 12866 From the determination of the Building Inspector involving the premises at 95 Catherine Street in the City of Saratoga Springs, NY, being tax parcel number 165.36-2-11&12 in the UR-2 district on the Assessment Map of said City. The applicant having applied for an area variance to construct a first floor addition to an existing single-family residence and public notice having been duly given of a hearing on said application on May 22, and June 12, 2017. In consideration of the balance between the benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT REQUIREMENT EXISTING PROPOSED RELIEF REQUESTED Minimum Side Yard Setback 8 feet 0 feet 2.0 feet 6 ft. (75%) As per the submitted plans or lesser dimensions, BE APPROVED for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant states that an alternative was investigated to place the porch on the east side of the house; however, it would impact the existing driveway. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to nearby properties. The house is positioned on the lot line. The addition on the rear will set in two feet from the lot line with no windows on that portion of the addition facing the property on the west. The existing deck, which is located 1.6’ from the west property line, will be eliminated. The second story deck will be located further from the lot line at 2.9’ 3. The Board finds that the request for relief is substantial but the substantiality is offset by the fact that the house is in existence and will not impact neighboring properties. 4. The Board finds that the Applicant has demonstrated that granting these area variances will not have an adverse physical or environmental effect on the neighborhood. 5. The request for relief may be considered a self-created hardship, however self-creation alone is not fatal to the application Note: Consolidation of lots 11&12 by lot line adjustment required. 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; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 5-0 City of Saratoga Springs - Zoning Board of Appeals – June 12, 2017 - Page 6 of 7 APPROVAL OF MINUTES: Bill Moore, Chairman made a motion to approve the minutes of the May 22, 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; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 5-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:15 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 7/24/17 City of Saratoga Springs - Zoning Board of Appeals – June 12, 2017 - Page 7 of 7