Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, JANUARY 22, 2017 7:00 P.M. CITY COUNCIL ROOM ELECTION OF OFFICERS Tony Izzo, Assistant City Attorney stated as an initial step this evening is the nomination and election of officers for the 2018 year. There are seven members of the Board present tonight. Tony Izzo, Deputy City Attorney conducted the annual elections for the year 2018. The nomination for officers will be held in the order in which they appear on the letterhead. Board Chair: A nomination of Bill Moore to continue as Chairman of the Zoning Board of Appeals was moved by Keith Kaplan. Motion was seconded by Cheryl Grey. Bill Moore, Chairman accepted the nomination for Chair. No further nominations for the office of chair. James Helicke made a motion to close the nominations for the office of Chair. Keith Kaplan, Vice Chairman seconded the motion. All signify by saying aye. All in favor - Ayes all, nayes none. Motion carries 7-0. Board Vice-Chair: A nomination of Keith Kaplan for the office of Vice Chairman was moved by Adam McNeill, Secretary. Motion seconded by Bill Moore, Chairman. Keith Kaplan, Vice Chairman accepted the nomination for the office of Vice Chairman. No further nominations for the office of Vice-Chair. James Helicke made a motion to close the nominations for the office of Vice Chair. Bill Moore, Chairman seconded the motion. All signify by saying aye. All in favor - Ayes all, nayes none. Motion carries 7-0. Board Secretary: A nomination of Adam McNeill for the office of Secretary was moved by Bill Moore, Chairman. Motion seconded by Cheryl Grey. Adam McNeill, Secretary accepted the nomination for the office of Secretary. No further nominations for the office of Secretary. James Helicke made a motion to close the nominations for the office of Secretary. Keith Kaplan, Vice Chairman seconded the motion. All signify by saying aye. All in favor Ayes all, nays none. Motion carries 7-0 Vote for Chair: Votes in favor of electing Bill Moore, Chairman were unanimous. 7-0. Vote for Vice-Chair: Votes in favor of electing Keith Kaplan, Vice Chairman were unanimous. 7-0. Vote for Secretary: Votes in favor of electing Adam McNeill, Secretary were unanimous. 7-0. APPROVAL OF MEETING MINUTES: Keith Kaplan, Vice Chairman made a motion to approve the minutes of the December 18, 2017 Zoning Board of Appeals meeting with modifications as submitted. Susan Steer seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, Alternate, abstained; Cherie Grey, in favor; James Helicke, in favor MOTION PASSES: 6-0-1 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; Susan Steer; Cheryl Grey; James Helicke; Oksana Ludd, Alternate STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney 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: #3006 BOUCHER SUBDIVISION, 2 Glenmore Avenue, area variance for a proposed six-lot residential subdivision; seeking relief from the minimum lot size requirement for two of the lots in the Urban Residential-2 District. #2776.2 GUARINO/HANER EXTENSION, 21 Park Place, area variance extension for construction of two (2) two- family residences; seeking relief from the minimum front yard setback and maximum principal building coverage requirements in the Urban Residential-3 District. #2953 STATION PARK MIXED USE DEVELOPMENT, Washington Street and Station Lane, area variance for a proposed multi-use development containing a 110 room hotel, 88 senior housing units, 41 assisted living units, 90 townhouses, and 28,060 square feet of retail; seeking relief from the frontage build to and build out, minimum two story and maximum building height requirements in the Transect-5 District. #3001 ZIMMERMAN SUBDIVISION, 139 Grand Avenue, area variance with a two-lot residential subdivision; seeking relief from the minimum average lot width and minimum lot size (lot 1) and minimum lot area (lot 2) and minimum side yard setback or existing residence on proposed lot1 in the Urban Residential-3 District. #2817.1 ADELPHI HOTEL EXPANSION, 19-23 Washington Street, deferral of Lead Agency status to the Planning Board associated with construction of a hotel and spa; seeking relief from the frontage build-to and build-out requirements in the Transect-6 District. #2991 CARUSO GARAGE, 565 Grand Avenue, area variance to maintain an existing residential garage; seeking relief from the minimum side yard setback requirement in the Rural Residential District. #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. #2988 KOSIBA GARAGE APARTMENT, 5 Beekman Street, area variance to construct a detached garage with dwelling unit; seeking relief from the minimum lot size requirement for a second single-family residence, to permit more than one principal building on a lot and minimum rear yard setback requirements in the Urban Residential-3 District. #2989 PEPPERS CORNER MARKET, 173 Lake Avenue, area variance to demolish the existing structure and construct a new 1,960 sq. ft. market for two retail tenants and two wall signs; seeking relief from the minimum parking requirement and to permit two wall signs in the Urban Residential-3 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 City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 2 of 10  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. #2992 NORTHBURG CAMPGROUND, 62 Muldowney Road, initiation of Coordinated SEQRA Review associated with a use variance for a campground; seeking relief from the permitted uses in a Rural Residential District. #2997 ED’S GARAGE, 578 Lake Avenue, appeal of the Zoning and Building Inspector’s determination that the existing automobile garage is not a lawful pre-existing non conforming use in the Rural Residential District. NEW BUSINESS: RECUSAL: Board Member Susan Steer recused from the following application. 1. #3008 HENNESSY GARAGE, 165 Spring Street, area variance to demolish existing detached garage and construct new detached garage with second story finished space; seeking relief from the maximum accessory building coverage and to permit finished space in an accessory structure (residential) requirements in the Urban Residential-3 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCES CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Habitable area on the second floor Unfinished/uninhabitable Finished/habitable 100% including half bath space space Maximum accessory building coverage 10% 11% 1% (10%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL DRC Historic Review is required. Agent: Sue Davis, SD Atelier Architecture Ms. Davis provided a visual presentation as well as 3D model to explain what the applicant is proposing. We did go out and measure the home. This is an accurate representation of the size of the home. The existing house along with the existing garage. It is a tight two car garage at 22 feet in width which is the minimal size. It is also close to the property line and not compliant with the side yard variance. In the process of demolition we will remove the nonconforming garage which is 3.5 feet from the property line and the proposed garage would be compliant at 5 ft from the same. We will meet the side yard setback requirements. The intent is to create a story and a half addition above the garage. City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 3 of 10 The applicant does work from home and would like to have an office created in this space. Ms. Davis reviewed the current proposed plans with the Board noting the addition of a staircase to the proposed office and the dimensions and placement of the new structure. The size is only minimally larger than what is presently there. The increase of 200 square feet due primarily to overhangs. These overhangs are what require a variance. This is not out of line with what is in the neighborhood. A visual overview of the surrounding neighborhood was provided as well as elevations and a rendering of the proposed construction. Keith Kaplan, Vice Chairman thanked the applicant for a completed application and questioned if it would be feasible to attach the garage to the main structure. Ms. Davis stated the rear of the home does currently enjoy some natural lighting and recent renovations preclude the applicant from wishing to attach the garage. In fact it was not even considered. The homeowner prefers not to have the office in the home due to the need for privacy and there is not really the space for it. Keith Kaplan, Vice Chairman stated he believes the concern for the Board will be the habitable space on the second floor of the garage. Especially in terms of the size of the home, if the applicant could explain the reasoning for the proposed office space above the garage. Ms. Davis stated the size of the home is deceiving and it looks larger than it is. Floor plans have not been drafted and it was not requested from the applicant. Mr. Hennessey provided a preview of the interior of the home. It is an older home not that much space. Three bedrooms are on the upper level of the home. On the third level a bedroom and bath currently exist, but it is not conducive for an office. Due to the nature of his business this home office will not be open to clients or to the public. Most of the business conducted is over the phone and on trips to New York City approximately 3 times a month. Cheryl Grey questioned if the applicant considered adding an office onto the house. She stated her concern is about the 400 square feet of space over the garage. Ms. Davis provided information on the siting of the home and what has prevented this option. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:25 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 Zoning Board of Appeals meeting scheduled for February 5, 2018. NOTE: Board Member Susan Steer resumed her position on the Board. 2. #3007 BOLDER VENTURES SUBDIVISION, 116 High Rock Avenue, area variance for a proposed two-lot subdivision seeking relief from the minimum average lot width requirement for each of the lots and minimum front yard, side yard and total side yard setbacks and maximum principal building coverage requirements for each of the residences in the Urban Residential-5 District. SEQRA: City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 4 of 10 -Action appears to be Unlisted, a full EAF has been submitted. -Planning Board and DRC are involved agencies. -The ZBA could consider Coordinated SEQRA Review and defer Lead Agency status to the Planning Board. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum average lot width: Lot 1 100 ft. 47.97 ft. 50.53 ft (50%) Minimum front yard setback: Lot 1 25 ft. 4.7 ft. 20.3 ft (81%) Minimum side yard setback: Lot 1 20 ft. 0 ft. 20 ft. (100%) Minimum total side yard setback: Lot 1 45 ft. 20.9 ft. 24.1 ft. (54%) Maximum principal building coverage: Lot 1 25% 29.6% 4.6% (18%) Minimum average lot width: Lot 2 100 ft. 50.63 ft. 49.37 ft. (49%) Minimum front yard setback: Lot 2 25 ft. 4.9 ft. 20.1 ft. (80%) Minimum side yard setback: Lot 2 20 ft. 0 ft. 20 ft. (100%) Maximum principal building coverage: Lot 2 25% 27.1% 2.1% (8%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL Planning Board Advisory Opinion is required. Applicant: Dave Gadomski Agent: Tonya Yasenchak, Engineering America Ms. Yasenchak stated this project involves an existing duplex which has been vacant for approximately 10 years. What the current owners would like to do is subdivide the property right down the median wall. This was a duplex and everything was exactly mirrored everything goes right down the middle. Different options were entertained and the easiest thing is to subdivide the property making the lot line right down the middle. That would also allow each property owner to have their own land omitting the paperwork to the Attorney General and an HOA as well. Infrastructure will be separate to each unit. This will require variances as proposed. Part of the application also includes some additions and renovations as well. One of which on each side is the addition of a porch. We spoke to the Building Department and Planning Department since each entry to the duplex was a set of stairs on one side and the other side was a small stoop. According to New York State Building Code Guidelines we do need some type of landing outside the doors. If we continued along in this area we would then infringe on the parking. Tucking a new porch into the corner of each unit creates more interaction between the street and the house. It currently looks like one flat wall and does not have much style. Adding a porch with a covered entryway would again create interaction between the street and the house and would be similar to other homes in the area. The owner would like to create small bump outs in the front which does bring us closer to the property line and also counts into the minimum front setback line. This helps with the aesthetics of the home along the front. Copy of a sample rendering was provided to the Board to provide an example of what the applicant is proposing. The variances although they do seem extreme it is not changing any of the conditions which currently exist. Bill Moore, Chairman asked if there were any questions or comments from the Board. Susan Steer stated the Board did provide a similar approval concerning a home for the Habitat for Humanity. They did not have other options. Are there other duplexes in the city. Bill Moore, Chairman stated there are other duplexes in the city as well as condominiums on High Rock. Ms. Yasenchak provided some information to the Board concerning duplexes and the regulations which are required. City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 5 of 10 DISCLOSURE: Keith Kaplan, Vice Chairman disclosed that several years ago he did volunteer work with the applicant’s wife. There is no need for recusal or is there any financial interest in this application, simply disclosure. Keith Kaplan, Vice Chairman made a motion in the Boulder Ventures Subdivision, 116 High Rock Avenue that the Zoning Board of Appeals defers Lead Agency Status for SEQRA to the Planning Board should they choose to accept it. Susan Steer seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, Alternate, in favor; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 7-0 Ms. Yasenchak stated the porches do add to the footprint of the project although minor but just so the Board is aware. Discussion ensued among the Board concerning the addition of the porches. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:40 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated the application will return before the Board following an appearance before the Planning Board. OLD BUSINESS: 2. #3010 BONANNI ADDITION, 95 George 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-3 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Bill Moore, Chairman stated this application was heard at the January 8, 2018 meeting and adjourned to January 22, 2018. The public hearing was opened and remains open. No additional information was requested from the applicant. Cheryl Grey stated there is some additional information regarding side lot footage. Agent: Tom Frost, Architect. Applicant: Maureen and Vincent Bonanni City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 6 of 10 Mr. Frost stated the lot is a north south lot. On the west property line the overhang of the existing second floor is right on the property line. That is a pre-existing condition. Building an addition to the rear of the home and the east overhang of the project will be 10 feet from the property line, which normally would be fine except the requirement is a total of 12 feet. Therefore we are looking for an additional 2 feet in an additional variance. 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 7:42 P.M. Cheryl Grey presented the following resolution. #3010 IN THE MATTER OF THE APPEAL OF Maureen and Vincent Bonanni 95 George Street Saratoga Springs NY 12866 In the matter of the appeal from the Building Inspector’s determination involving a single family residence at 95 George Street, in the City of Saratoga Springs, New York, being Tax Parcel #166.69-2-24 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 one story addition on the west side to the existing residence in a UR-3 District and public notice having been duly given of a hearing on said application held on January 8 and 22, 2018. 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: TOTAL RELIEF AREA OF RELIEF REQUIRED EXISTING PROPOSED REQUESTED Side yard setback: 4’ 0’ 2.9’ 1.1’ (27%) Total side yard setback: 12’ 24’ 10’ 2’ (17%) As per the submitted plans dated December 7, 2017, be approved as per this Board’s consideration of the following factors: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant is reconfiguring the first floor of the existing residence and in so doing adding an eating area in the kitchen. A bedroom and bath will also be added to the first floor and will necessitate the need for setback relief on the East side. Further the lot size is preexisting at 6,535.1 square feet and the lot width is preexisting at 50.27’. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in the neighborhood character or detriment to nearby properties. The existing west wall of the house is currently built (with eaves) to the property line of 0’. The new kitchen area will be further from the west lot line at 2.9’. The east side of the house will be 10’ from the property line and due to the current west wall being on the lot line requires the total side yard setback of 2’ less than the required 12’ or 10’. City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 7 of 10 3. The relief requested is considered substantial at 27% and 17%, but is mitigated by the fact that the addition improves existing encroachments on the West side. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. Many of the homes on this street are built on or closer to the 4’ requirement and have been in existence. Care has been taken to minimize the effect on the neighbors by keeping the addition to one story. Permeability remains at 25% and the overall building coverage is 29.44%, under the district requirement of 30%. 5. The difficulty may be considered self-created. However, this is not necessarily fatal to the applicant. Note: DRC Historic Review 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; Oksana Ludd, Alternate, in favor; Cheryl Grey, in favor; James Helicke, in favor MOTION PASSES: 7-0 3. #3011 GREEN PORCH, 130 Van Dam Street, area variance for front porch roof addition to an existing multi-family residence; seeking relief from the minimum front and side yard setback requirements in the Urban Residential-3 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Bill Moore, Chairman stated this application was heard at the January 8, 2018 meeting and adjourned to January 22, 2018. 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. Bill Moore, Chairman closed the public hearing at 7:51 P.M. James Helicke presented the following resolution. #3011 IN THE MATTER OF THE APPEAL OF Brian Green 130 Van Dam Street City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 8 of 10  Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 130 Van Dam Street in the City of Saratoga Springs, New York being tax parcel number 165.50-2-6 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 front porch addition to an existing multi-family residence in a UR-3 District and public notice having been duly given of a hearing on said application held on the Jan. 8 and 22, 2018. 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 TOTAL DIMENSIONAL RELIEF REQUIREMENT REQUESTED Minimum Front Yard Setback 10 ft. 5.3 Ft. 4.7 ft. or 47% Minimum Side Yard Setback 4 ft. .9 ft. 3.1 ft. or 77.5% 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, other designs were evaluated, however given the existing porch footprint only a new roof of equivalent size to the porch base made sense both structurally and visually. The Board notes that the proposed roof structure would be placed directly on the existing stoop area and would not encroach beyond existing setbacks. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. Per the applicant, the porch roof would be similar in style and type to neighboring properties on Van Dam and throughout the City. The applicant also notes that a porch previously existed o the building. The Board notes that the front porch roof will improve the appearance of the residential structure. In addition, DRC Architectural Review is required. 3. The Board finds these variances to be substantial on a percentage basis; however, the roof structure would not encroach further into already established setbacks. 4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district, as the footprint will not change; therefore, no increase in building coverage or impermeable coverage would result. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed porch roof, but this is not necessarily fatal to the application. Note: DRC Architectural Review is required. 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; Adam McNeill, Secretary, City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 9 of 10 in favor; Oksana Ludd, Alternate, 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 7:56 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 3-5-18 City of Saratoga Springs - Zoning Board of Appeals – January 22, 2018 - Page 10 of 10