Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, MARCH 19, 2018 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; Cheryl Grey; James Helicke, Brad Gallagher ABSENT: Adam McNeill, Secretary; Susan Steer 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: #3017 ADIRONDACK TRUST SIGNAGE, 473 Broadway, area variance for two wall signs, seeking relief from the minimum height for logo and lettering and placement above the first floor level of the building requirements in the Transect-6 District. #3021 DORSEY MIXED USE ADDITION, 15 Ballston Avenue, area variance to construct additions to an existing mixed-use (service and residential) building; seeking relief from the minimum frontage build out requirements in the Transect-5 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. #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.  #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. #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. #2988 KOSIBA RESIDENCE, 5 Beekman Street, area variance to construct a new single-family residence; seeking relief from the minimum average lot width and minimum lot size requirement for a second single-family residence and to permit more than one principal building on a lot in the Urban Residential-3 District. Adjourned to April 9, 2018. #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. Adjourned to April 9, 2018. NEW BUSINESS: 1. #3023 BUTLER ACCESSORY STRUCTURES, 35 Dyer Switch Road, area variance to construct a detached garage and pool; seeking relief from the minimum front and side yard setbacks for the detached garage and maximum accessory building coverage for the garage and proposed pool combined 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 Maximum accessory building coverage 8% 9.3% 1.3% (16%) Minimum side yard setback: Garage 10 ft. 5 ft. 5 ft. (50%) Minimum front yard setback: Garage 40 ft. 10 ft. 20 ft. (50%) Applicant: Elizabeth and Richard Butler Agent: George Yasenchak, Engineering America Mr. Yasenchak stated the property is located at 35 Dyer Switch Road. The applicant is requesting 3 variances from the Board to construct a garage and the installation of a pool. The proposed garage is being constructed to reduce the visual clutter on the property. The lot is pre-existing nonconforming to the SR-1 requirements – it is 19,985 square feet and 100 feet wide. This would limit the buildable area of the lot. Other alternatives were considered a smaller garage footprint, location of the garage closer to the house which limits natural light into the house. The existing home is located at the center of the property which would inhibit the options for locating a detached garage. There is a septic system located in the back yard as well. Additional land is not available for purchase. The current proposal creates no undesirable impact to the neighbor to the west which is undeveloped green area owned by the Oak Ridge HOA. The location of the garage 5 ‘ closer to that shared property line does not impact any residence or future green space use of the adjacent property. No large trees will be removed and drainage will be maintained on the site. 51.1% of the site will City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 2 of 14 remain permeable. The proposal is typical of other residences in this area. The design will keep with the architectural style of the home. Brad Gallagher requested the dimensions of the pool. Elizabeth Butler stated the pool size is 19 x 31. Richard Butler stated this is the size required in order to have a deep end in the pool. Brad Gallagher questioned the applicant as to the proposed size of the garage and the length of the driveway. Any thoughts given to reducing the amount of asphalt in the driveway? Richard Butler stated a smaller garage would not fit the needs of the family. The new garage will be moved closer to the home. The garage will be the same height as the home. There are other multiple garages in the area. Richard Butler stated one of the garage bays contains heating equipment. Cherie Grey questioned the applicant concerning the current 2 car garage currently on the property. So, therefore you will have 5 bay garage? Also, 20 feet from the road in her opinion is too close. Other properties along this road are set further back from the roadway. James Helicke stated he agrees with Cherie’s sentiment concerning the garage 20 feet from the road. Also, could the exact dimensions of the pool be provided to the Board. Richard Butler stated the property to the left is a buffer. Susan Barden, Senior Planner, City of Saratoga Springs stated she will research this and provide the information to the Board. Keith Kaplan, Vice Chairman questioned if the heights of the home and the proposed garage could be provided to the Board. Also, I am not in favor of being so close to the road. You have a big lot. Perhaps other alternatives should have been considered such as why the garage is not attached to the principal building. Richard Butler stated their lot coverage is maxed out with the addition. James Helicke stated he is looking at the streetscape for the home. A rendering from the street was requested from the applicant. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:27 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 April 9, 2018. RECUSAL: Bill Moore, Chairman recused from the following application. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 3 of 14 Keith Kaplan, Vice Chairman assumed the duties of the Chair. 2. #3025 DAWSON/MOTO HOLDINGS RESIDENCE, Cobb Alley/77 South Franklin Street, area variance to construct a new single-family residence; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building coverage requirements in the Urban Residential-3 District. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF RQUESTED Minimum lot size 6,600 sq. ft. 2,500 sq. ft. 4,100 sq. ft. (62%) Minimum average lot width 60 ft. 50 ft. 10 ft. (17%) Minimum rear yard setback 25 ft. 7.5 ft. 17.5 ft. (70%) Minimum front yard setback 10 ft. .5 ft. 9.5 ft. (95%) Maximum principal building coverage: 30% 50% 20% 3. #3026 DAWSON/MOTO HOLDINGS RESIDENCE, Cobb Alley/77 South Franklin Street, area variance to construct a new single-family residence; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building overage requirements in the Urban Residential-3 District. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF RQUESTED Minimum lot size 6,600 sq. ft. 2,500 sq. ft. 4,100 sq. ft. (62%) Minimum average lot width 60 ft. 50 ft. 10 ft. (17%) Minimum rear yard setback 25 ft. 7.5 ft. 17.5 ft. (70%) Minimum front yard setback 10 ft. .5 ft. 9.5 ft. (95%) Maximum principal building coverage: 30% 50% 20% 4. #3027 DAWSON/MOTO HOLDINGS RESIDENCE, Cobb Alley/77 South Franklin Street, area variance to construct a new single-family residence; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building coverage requirements in the Urban Residential-3 District. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF RQUESTED Minimum lot size 6,600 sq. ft. 2,500 sq. ft. 4,100 sq. ft. (62%) Minimum average lot width 60 ft. 50 ft. 10 ft. (17%) Minimum rear yard setback 25 ft. 7.5 ft. 17.5 ft. (70%) Minimum front yard setback 10 ft. .5 ft. 9.5 ft. (95%) Maximum principal building coverage: 30% 50% 20% 5. #3028 DAWSON/MOTO HOLDINGS RESIDENCE, 77 South Franklin Street, area variance to construct a new single- family residence and detached garage; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building coverage requirements for the house and minimum side and rear yard setbacks and maximum accessory building coverage for the detached garage in the Urban Residential-3 District. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 4 of 14 AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF RQUESTED Minimum lot size 6,600 sq. ft. 3,600 sq. ft. 3,000 sq. ft. (45%) Minimum rear yard setback 25 ft. 5 ft. 20 ft. (80%) Minimum front yard setback 10 ft. 0 ft. 10 ft. (100%) Maximum principal building coverage: 30% Approx. 37.5% 7.5% (25%) Maximum accessory building coverage: 10% Approx. 12.22% 2.22% (22%) Minimum side yard setback: Garage 5 ft. 2 ft. 3 ft. (60%) Minimum rear yard setback: Garage 5 ft. 4 ft. 1 ft. (20%) SEQRA: -Action appears to be Type I – any Unlisted Action occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility site or district. -DRC is the only other involved agency. -Coordinated review is required. Applicant: Anthony Dawson Mr. Dawson stated a facility has been operating on this site as a scrap yard for over 100 years. The parcel is made up of 4 individual building lots. This is not creating new lots for development. We are simply utilizing lots which are already in place. This is not an ideal development plan for us, since we would have liked to have yielded more units our preference was apartment buildings. This plan represents what we are able to do and what we feel is best for the neighborhood and the City of Saratoga Springs as well. The plan provides for elimination of the scrap yard by consolidating the existing business which operates at this site into our Ballston Spa location. We would build four single family homes. All the properties have access and egress via Cobb Alley and South Franklin Street. No additional curb cuts will be needed. Some of the benefits achieved would be the elimination of the industrial operation with the removal of scrap yard in a residential neighborhood. It would reduce traffic in and out of 77 Franklin Street. It would improve the lot with the addition of 4 residential homes and increase the property values. Cherie Grey questioned if this application would be before the DRC for an Advisory Opinion. Susan Barden, Senior Planner, City of Saratoga Springs stated it is a Type I action which requires coordinated review. The first action would be to coordinate review and then decide who should be the Lead Agent for the SEQRA environmental review of the entire project. Historic review is required for demolition and reconstruction. Keith Kaplan, Vice Chairman discussed the merits of the application for SEQRA review and felt that the application and the request for dimensional relief places the review on the ZBA and DRC with the ZBA requesting Lead Agency Status. James Helicke made a motion in the matter of the applications of #3025, #3026, 3027 and #3028 Dawson/Moto Holdings Residences at 77 Franklin and Cobb Alley and 77 Franklin Street that the ZBA seek Lead Agency Status for coordinated environmental review. Cherie Grey seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Brad Gallagher, in favor; Cherie Grey in favor; James Helicke, in favor MOTION PASSES: 4-0 Cherie Grey stated the variances requested are substantial. Were any alternatives considered and what precipitated the size of the residences and where they were placed on the site. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 5 of 14 Mr. Dawson stated they currently operate the scrap yard at this site and will be happy to continue to do so. We did review multiple options as far as building types and sizes. We felt the other options were not financially feasible. Original plans that we developed were larger and the relief would have been greater. We have already reduced the size. Cherie Gray questioned staff as to comparable lot sizes and variances granted in this area recently. Keith Kaplan, Vice Chairman stated perhaps the applicant could provide lot sizes of the properties in the area. How they meet the requirement regarding lot sizes and the distance from the street to the building to keep with the character of the neighborhood. Mr. Dawson stated in order to proceed with this application it would entail the closing of the scrap yard at this location. We are taking a risk in this endeavor. These lots are what they are. They are small lots. We have explored other options which were unfeasible. This is a compromise that we are willing to make and hopefully enhance the neighborhood. Cherie Grey questioned the additional traffic and infrastructure requirements. James Helicke spoke regarding his concerns regarding the parking situation here and the use of the alley for entrance into the garages. He feels there is a safety concern. Mr. Dawson spoke regarding the home which was built 2 years ago, and its garage access from the alley. Discussion ensued among the Board concerning the safety issue, and turning radius. Susan Barden, Senior Planner, City of Saratoga Springs spoke regarding the concern and question of referring this for an Advisory Opinion to the Planning Board when the Planning Board does not have a role in this application for review and/or approval. Cherie Grey stated the variances are extreme on each property and the amount of density. Brad Gallagher spoke regarding moving the garages which could perhaps provide more space for access either vehicular or pedestrian. Mr. Dawson stated the back yard is small but to have no backyard is a big ask. James Helicke stated he does appreciate the removal of the scrap yard in this residential area. He spoke regarding lot line adjustments and the possibility of homes on the alley. Perhaps a better look at traffic study and public safety. Brad Gallagher questioned the Board if we are basically rendering this property useless. Mr. Dawson stated this project is 4 building lots. Time is of the essence. The scrap yard is cleared out and is not operational at this time. If this doesn’t work, it is the best we have to offer. I am not doing this for any reason only to be a great neighbor. Keith Kaplan, Vice Chairman spoke regarding the context of the neighborhood and the Boards role in providing relief and information obtained to answer the five tests for a variance. I have concerns regarding the safety of the alley. The applicant was requested to provide square footage of the lots in the neighborhood and the principal lot coverages in the immediate area. Discussion ensued regarding the possibility of an Advisory Opinion from the Planning Board versus information from the Building Inspector or Public Safety or Public Works. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 6 of 14 Mr. Dawson stated when this property is operating as a scrap yard on any given day sees no less than 30 customers from 8AM – 4PM, Monday through Friday and 8AM – 12 Noon on Saturday. It is challenging and it is tight. I would present this, we are speaking about eight cars which come out of the driveway once, twice maybe three time a day is significantly less than the current vehicular traffic using Spa City Recycling on a daily basis. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 8:28 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Maureen Curtin, 125 Grand Avenue. It is great that this area is being proposed for housing. The requested variances are very substantial. Questioned the selling point price for these homes. Variances are so large, it is a concern. Joan Salmon, 75 South Franklin Street, stated she has less of an issue with safety. Having the scrap yard gone would be great. Her garage is 10 feet from the alley, she has no problems with safety issues. Property values will go up. In favor of the application. Edmund Czechnicki, 68 and 72 South Franklin Streeet. He stated the plan is a terrific idea. I applaud him. Keith Kaplan, Vice Chairman stated the public hearing will remain open. We have requested some additional information from the applicant. Discussion ensued concerning buildable lots in the City and if this provision applies in this case. The Board reviewed the rules and regulations of zoning in this case. Keith Kaplan, Vice Chairman requested information from the Assistant City Attorney concerning the validity of this zoning regulation in regard to this application. Information was requested from the applicant as well. The public hearing will remain open and the applicant will return before the Board. Bill Moore, Chairman resumed the duties of the chair. Keith Kaplan, Vice Chairman resumed the duties of the Vice Chairman. OLD BUSINESS: Keith Kaplan, Vice Chairman, stated he reviewed the webcast of the previous Zoning Board of Appeals meeting. He is knowledgeable of the applications before the Board this evening and is comfortable voting on them. 1. #3019 CHRISTIANO RESIDENCE, 4 Benton Drive area variance to construct additions to an existing single-family residence; seeking relief from the minimum front and side yard setbacks and maximum principal building coverage requirements in the Urban Residential-1 District. This application was heard at the March 5, 2018 meeting and adjourned to March 19, 2018. The public hearing was opened and remains open. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 7 of 14 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 8:41 P.M. Cherie Grey presented the following resolution. #3019 IN THE MATTER OF THE APPEAL OF William and Janice Christiano 4 Benton Drive Saratoga Springs NY 12866 In the matter of the appeal from the Building Inspector’s determination involving a single family residence at 4 Benton Drive, in the City of Saratoga Springs, New York, being Tax Parcel #166.14-2-73 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 and a vestibule on the front of the house in a UR-1 District and public notice having been duly given of a hearing on said application held on March 5 and 19, 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: AREA OF RELIEF REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Front setback: 30’ 24’ 19’ 11’ Side yard setback: 12’ 7.3’ 7.3’ 4.7’(39%) Principal building coverage: 20% 21.9% 1.9%(10%) As per the submitted plans dated January 3, 2018, 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 adding a one-story addition to the rear of the home consisting of a family room and a workshop, and, a vestibule will be added to the front of the home. The applicant states that many homes in the neighborhood have added the vestibule as an entrance to the home and it has been designed to be the minimum amount of room required. 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 addition to the garage of the workshop is the same distance to the north lot line as the current garage and will not change the character of the neighborhood. The front vestibule is in keeping with homes in the neighborhood with similar additions. 3. The relief requested for the side yard setback is substantial at 39% but mitigated by the fact that the house is already in existence at that lot line distance. The total lot coverage of an additional 1.9% is not substantial. All lots in this neighborhood do not meet the required square footage of 12,500 feet nor the minimum lot width of 100’ City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 8 of 14 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The vestibule has been kept to a minimum amount required and the rear additions are located within the required or existing setback and will not be visible in the neighborhood. 5. The difficulty may be considered self-created. However, this is not necessarily fatal to the applicant. James Helicke 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; Brad Gallagher, in favor; Cherie Grey in favor; James Helicke, in favor MOTION PASSES: 5-0 3. #3020 JPSMCS, LLC RESIDENCE, 155 Union Avenue, area variance to construct a new single-family residence seeking relief from the minimum side yard (each) and minimum total side yard setback for the main house and minimum side yard, minimum total side yard and minimum rear yard setback requirements for the carriage house in the Urban Residential-1 District. This application was heard at the March 5, 2018 meeting and adjourned to March 19, 2018. The public hearing was opened and remains open. Revised plans were submitted by the applicant on March 9, 2018. A revised denial was also provided to the Board based on the revised plan. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Bill Watkins, current owner spoke regarding the revised plans. The plans appear to be revised concerning the amount of setback from their property line. No other neighbors have voiced any opposition to this plan. I am trying to accommodate my current neighbor and the property. We are looking at a compromise and an accommodation. The previous proposal was 8 ½ feet from the property line and it appears it has been moved 16 feet from the property line. Also concern was voiced regarding the bump out. The home appears to be more off center to the west with the moving of the house. The new plans submitted appear to have accommodated the neighbor. Discussion ensued among the Board concerning the revised plan and the home being shifted 8 feet to the west. 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. Jesse & Melissa Smith, 165 Union Avenue. We are concerned regarding the bump out and the entire side of the house. The lot is large enough to accommodate the zoning regulations the applicants simply do not wish to build this type of home. There is a driveway there now which was not there previously two weeks ago. We are asking that our space be protected. This builder is building the home to sell. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 9 of 14 Bill Moore, Chairman questioned with the addition of a driveway are there any permeability figures provided by the applicant. Susan Barden, Senior Planner stated no permeability figures were provided. Bill Moore, Chairman closed the public hearing at 8:57 P.M. Brad Gallagher stated prior to the motion, he also is concerned about another item which was changed from the previous plans. The drawing themselves show different dimensions than the requested zoning variances indicated on the drawing. It is not significant merely a ½ foot but in drafting a resolution are we looking at the requested amount or what the drawings are showing. Discussion ensued among the Board concerning some questions the Board has concerning this application. Due to the lack of representation by the applicant it was the consensus of the Board to table the application for two weeks to obtain clarification. PUBLIC HEARING: Bill Moore, Chairman reopened the public hearing at 9:02 P.M. Bill Moore, Chairman stated the application will be adjourned for two weeks to April 9, 2018. 6. #3014 BEYER RESIDENCE, 201 West Circular Street, area variance to construct a detached garage and pool; seeking relief from the maximum accessory building coverage requirements in the Urban Residential-2 District. This application was heard at the February 12, 2018 meeting and adjourned to March 5, 2018. The public hearing was opened on February 12 and remains open. The applicant submitted a revised plan requesting additional relief and including location of pool equipment. A subsequent revised plan was submitted after the March 5, 2018 meeting. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Agent: Corrina Martino, Martino Engineering Applicant: Jeff Beyer Ms. Martino stated the applicant has been before the ZBA on two prior occasions. Following the last ZBA meeting the Board had some questions concerning the location of the pool too close to the property line. We moved the pool over as far as possible while still retaining the 3 foot perimeter around the outside of the pool. Our only alternative to move it further away was to reduce the perimeter and ask for a variance. I feel strongly that that it is there for a safety issue. Bill Moore, Chairman asked if there were any further questions or comments from the Board. None heard. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing was opened and remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 10 of 14 None heard. Bill Moore, Chairman closed the public hearing at 9:07 P.M. Bill Moore, Chairman presented the following resolution. #3014 IN THE MATTER OF THE APPEAL OF Beyer Residence, 201 W. Circular Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 201 W. Circular Street in the City of Saratoga Springs, New York being tax parcel number 165.73-2-46.2 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 a renovation to an existing building in an UR-2 district and public notice having been duly given of a hearing on said application held on February 12th, March 5th and 19th, 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 variances for the following amount of relief: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Max. accessory building coverage: 10% 15% 5% (50%) Min. side yard setback to pool: 8 ft. 5.4 ft. 2.6 ft. (32%) 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 underwent many different designs and positions for the proposed pool and eventually chose the current type and position of the proposed pool to limit possible impact to the neighbor and also be able to access the pool. Also, the applicant states “the garage has been limited to the minimum size allowable to allow for the internal storage of one vehicle.” 2. The board finds that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant states “granting the variance(s) will not create an undesirable change in the character of the neighborhood as a number of properties with similar layouts exist in the immediate vicinity of the site.” 3. The board finds that both areas of relief are substantial, but this is mitigated by the project’s consistency with community character. 4. The board concludes this variance will not have significant adverse physical or environmental effect on the neighborhood or district. The overall permeability of the site still remains substantially above the required minimum permeable area 25% minimum, at 52.5%. 5. The alleged difficulty could be considered self-created, but this is not necessarily fatal to the application. Keith Kaplan, Vice Chairman seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 11 of 14 VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Brad Gallagher, in favor; Cherie Grey in favor; James Helicke, in favor MOTION PASSES: 5-0 Bill Moore, Chairman recused from the following application and exited the meeting. Keith Kaplan, Vice Chairman assumed the duties of the Chair. 4. #2957 MANEY MULTI-FAMILY, 18 Cherry Street and 38 Marvin Alley, area variance for construction of eight residential units in three townhouse buildings and associated site work; seeking relief from the minimum average lot width, minimum front yard setback (Cherry and Marvin), minimum side yard setback, minimum total side yard setback, and maximum principal building coverage requirements; and minimum setbacks to parking in the Urban Residential-4 District. This application was heard at the March 5, 2018 meeting and adjourned to March 19, 2018. The public hearing was opened and remains open. No additional information requested or received. SEQRA: -Action appears to be Unlisted – Part 1 of the short form submitted -Required approvals from the Planning Board – site plan review. -ZBA initiated Coordinate SEQRA Review and deferred Lead Agency to the Planning Board on April 10, 2017. -Planning Board issued a Negative SEQRA Declaration on February 1, 2018. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing was opened and remains open. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Vice Chairman closed the public hearing at 9:15 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2957 IN THE MATTER OF THE APPEAL OF Anthony Maney 18 Cherry Street and 38 Marvin Alley Saratoga Springs, NY 12866 From a determination of the Building Inspector involving the premises located at 18 Cherry Street and 38 Marvin Alley in the City of Saratoga Springs, New York being tax parcel numbers 165.58-3-11, 165.58-3-39 and 165.58- 3-40 on the Assessment Map of said City. The Applicant having applied for area variances under the Zoning Ordinance of said City to demolish an existing four-unit residence and permit the construction of eight residential units in three townhouse buildings in a UR-4 District and public notice having been duly given of hearings on said application held on March 5 and 19, 2018. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 12 of 14 In consideration of the balance between benefit to the Applicant with detriment to the health, safety and welfare of the community, I move that the following area variances for the following amount of relief: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Townhouse 1 Cherry 25 ft. 2 ft. 23 ft. (92%) Minimum side yard: Townhouse 1 20 ft 11.4 ft 8.6 ft. (43%) Minimum total side yard setback: Townhouse 1 45 ft. 41.4 ft. 3.6 ft. (8%) Minimum front yard setback: Townhouse 2 Marvin 25 ft. 8 ft. 17 ft. (68%) Minimum front yard setback: Townhouse 3 Marvin 25 ft. 8.3 ft. 16.7 ft. (67%) Minimum side yard setback: Townhouse 2 20 ft. 11.7 ft. 8.3 ft. (42%) Minimum side yard setback: Townhouse 3 20 ft. 8.3 ft. 11.7 ft. (59%) Maximum principal building coverage: combined 25% 29% 4% (16%) Minimum side yard setback to parking: Three spaces 20 ft. 2 ft. 18 ft. (90%) Minimum average lot width: Townhouse 2 100 ft. 72.3 ft. 27.7 ft. (28%) Minimum average lot width: Townhouse 3 100 ft. 74.6 ft. 25.4 ft. (25%) Maximum principal buildings on one lot: Townhouses 1 3 2 (200%) 1 & 2 (three-family residences) As per the submitted revised plans dated January 26, 2018 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 originally submitted plans to construct 14 units in 2 four-story buildings. After multiple meetings with this Board, the Design Review Commission and the Planning Board, the Applicant made numerous modifications to his application which resulted in reducing the number of variances being requested. The current project includes 8 residential units in 3 townhouse buildings on an irregularly shaped lot. The shape of the lot and the desire to have all access to the lot from Cherry Street affected where the buildings and off street parking could be located and necessitated the request for several of the variances. The Applicant explained that the variances for minimum average lot width for buildings 2 and 3 could be eliminated if they were combined into one larger building, but that doing so would result in a building that was extremely large and not in character with the existing neighborhood. The new plans also increase the amount of the site that will remain permeable from the original plan. The Applicant also attempted to reduce or eliminate the need for the variances by purchasing the neighboring property; however the parties were not able to agree to a sale price. 2. The Applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The existing residence is in disrepair and the construction of these buildings and improvements on the site will significantly improve the character of the neighborhood. The lot is located in a transitional neighborhood with taller residential and commercial structures to the east and single and multifamily residential structures to the west. The Applicant explained that the 8 townhouses will be consistent with the character of neighboring structures including the City Square development across Cherry Street. This Board notes that the Design Review Commission issued a favorable advisory opinion with respect to the potential impacts on the Franklin Square Historic District. 3. The Board finds that the variances for the minimum front yard setback for all three buildings are substantial; however, this is mitigated by the fact that the front yard setbacks are similar to the existing structures located on Cherry Street and Marvin Alley. 4. The Board finds that the variances for the minimum side yard and total side yard setbacks for all three buildings are substantial, however this is mitigated by the fact that the Applicant intends to use fencing and plantings to minimize the impact the project will have on the neighboring properties. The Applicant also explained that while the side yard setback for the parking lot at 90% is substantial, this variance is mitigated by the fact that it resulted from the reconfiguration of the off street parking to a smaller area on the lot and was done to avoid access from Marvin Alley to the off street parking. City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 13 of 14 The variances for the minimum average lot width for buildings 2 and 3 are substantial and could have been eliminated if those buildings were combined, however that substantiality is mitigated by the fact that by creating 2 smaller buildings instead of 1 larger one was done so that the mass and scale of the buildings on Marvin Alley would be minimized. The Board finds that the variance for principal building coverage at 4% or 16% relief is not substantial. Further, this resolution will be conditioned on the requirement that no additional accessory structures may be built on the lot. 4. The Applicant has demonstrated that the variances will not have significant adverse physical or environmental effect on the neighborhood or district. The Board finds that the 8 residential units will not significantly impact the existing infrastructure. The site will remain 43% permeable which exceeds the district requirement of 15%, stormwater will be managed with state-of-the-art green practices including roof-top green terraces and new curbs, sidewalks, street trees and lighting will be added to Cherry Street and Marvin Alley. 5. The alleged difficulty is self-created insofar as the Applicant desires to construct 8 residential units, but this is not necessarily fatal to the application. Condition: No future accessory structures Consolidation of existing three lots into one lot required Notes: Planning Board Special Use Permit and Site Plan Review required Lot line adjustment required Cherie Grey seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Brad Gallagher, in favor; Cherie Grey in favor; James Helicke, in favor MOTION PASSES: 4-0 APPROVAL OF MEETING MINUTES: Approval of meeting minutes was deferred to the April 9, 2018 meeting. MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Vice Chairman adjourned the meeting at 9:25 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 5-21-18 City of Saratoga Springs - Zoning Board of Appeals – March 19, 2018 - Page 14 of 14