Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, SEPTEMBER 24, 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; Adam McNeill, Secretary Susan Steer; Cheryl Grey; Rebecca Kern, Alternate ABSENT: Brad Gallagher STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney; City of Saratoga Springs ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. ANNOUNCEMENT OF ADJOURNED APPLICATIONS: #3039 BLACKLER RESIDENCE, 62 Van Dam, area variance to construct an addition to an existing single-family residence; seeking relief from the minimum side yard (each side), minimum total side yard setback and maximum principal building coverage requirements in the Urban Residential-3 District. #3033 ADIRONDACK TRUST SIGNAGE, 315 Church Street, area variance for proposed signage; seeking relief from the maximum size for a freestanding sign, maximum number of wall signs, maximum height, size and logo placement on two directional signs, and to permit three logos on the kiosk in the Transect-5 District. #3047 STONE MIXED-USE, 68 Weibel Avenue, initiation of Coordinated SEQRA Review associated with Maintenance of existing improvements and uses on a mixed use property in the Transect-4 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 #3040 BAIRD RESIDENCE, 79 Lake Avenue, area variance to construct an addition to an existing three-family residence; seeking relief from the minimum side yard (each side), minimum total side yard setback and maximum principal building coverage requirements for the addition; and minimum side (each side), minimum total side yard and minimum rear yard setback to parking in the Urban Residential-4 District. #3024 FAHY RESIDENCE, 166 Lincoln Avenue area variance to construct a new single-family residence; seeking relief from the minimum average lot size width and 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-2 District.  #3022 DEVALL SUBDIVISION, 59 Franklin Street, area variance associated with a two-lot subdivision; seeking relief from the minimum average lot width for the proposed lot and minimum side yard setback to parking in the Urban Residential-4 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. #3038 BONACIO CONDOMINIMUMS, 77 Van Dam, modification of previously approved use and area variances for an existing mixed use (office and residential) building to all residential (25 total units) in the Urban Residential-3 District. OLD BUSINESS: 1. #3053 COHEN GARAGE, 655 North Broadway, area variance to finish the second story of the existing detached garage for recreation/movie room; seeking relief to permit finished/habitable space in an accessory structure in the Urban Residential-1 District. This application was heard at the September 10, 2018 meeting and adjourned to September 24, 2018. The public hearing was opened and remains open. Revised floor plans were submitted and provided to the Board. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing was opened and remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman asked if the Board had any questions or comments. Keith Kaplan, Vice Chairman stated during the workshop he was asking the applicant about the floor plans with rooms labeled. The Board had asked the applicant to keep the bathroom facilities limited to one half bath. The plans submitted to the Board indicated a ½ bath on the first and second floors. The applicant did provide information that the ½ bath is limited to the second floor. The first floor area is a storage area. Bill Moore, Chairman closed the public hearing at 7:04 P.M. Keith Kaplan, Vice Chairman, presented the following resolution. #3053 IN THE MATTER OF THE APPEAL OF Alan Cohen 3420 Stallion Lane Weston, FL 33331 from the determination of the Building Inspector involving the premises at 655 North Broadway, in the City of Saratoga Springs, New York being Section 165.36, Block 1, Lot 12, 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 finished and habitable space within an accessory structure in an Urban Residential-1 District and public notice having been given of a hearing on said application held on the 10th and 24th day of September 2018. The Board notes similar relief was previously granted March 9, 2015. City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 2 of 11 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 requested area variance for the following relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL TOTAL RELIEF REQUESTED REQUIREMENT Finished and habitable space in an accessory structure Not permitted 100%, Complete relief. 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 notes that there are no feasible alternatives on the site and that there is no other available space in the existing structure that could be converted in to additional recreational space. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposal to convert a portion of an existing accessory structure into habitable space is interior only. Conditions will accompany this resolution to limit use of the space to preclude a second dwelling unit and therefore limit the impact on the neighborhood and district. 3. The Board notes this variance is substantial insofar as it is asking for complete relief; however, the habitable space variance’s substantiality has been mitigated by the conditions, see below. 4. This variance will not have adverse physical or environmental effect on the neighborhood or district. No physical changes to footprint of structures or to permeable surfaces have been made in order to include habitable space in the accessory structure. 5. The alleged difficulty is self-created due the applicants’ desire to build habitable space in the accessory structure; this is not necessarily fatal to the application. Conditions:  No bathing facilities.  Bathroom facilities are to be limited to one sink and one toilet (i.e. a single half-bath as depicted on the plans in this accessory structure).  No kitchen facilities beyond small refrigerator and microwave.  No overnight stays. 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, in favor; Rebecca Kern, Alternate, in favor; Cherie Grey, opposed MOTION PASSES: 5-1 3. #3054 CAMERON RESIDENCE, 114 Adams Street, area variance for constructed additions to a new single-family residence including rear deck and egress window wells; seeking relief from the maximum principal building coverage and minimum side yard setback requirements in the Urban Residential-2 District. This application was heard at the September 10, 2018 meeting and adjourned to September 24, 2018. The public hearing was opened and remains open. An updated survey with additional dimensions was submitted and provided to the Board. PUBLIC HEARING: City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 3 of 11 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 7:09 P.M. Adam McNeill, Secretary, presented the following resolution. #3054 IN THE MATTER OF THE APPEAL OF Tory Cameron 117 Jackson Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 114 Adams Street in the City of Saratoga Springs, New York being tax parcel number 166.69-4-13 on the Assessment Map of said City. The appellants having applied for an area variance under the Zoning Ordinance of said City for constructed additions to a new single-family residence including rear deck and egress window wells; seeking relief from the maximum principal building coverage and minimum side yard setback requirements in the Urban Residential – 2 District and public notice having been duly given of a hearing on said application held on the 10th and 24th days of September 2018. In consideration of the balance between benefit to the applicants 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 RELIEF REQUESTED DIMENSIONAL REQUIREMENT Minimum side yard setback: 8 ft. 6.4 ft. 1.6 ft. (20%) Minimum side yard setback: 8 ft. 6.4 ft. 1.6 ft. (20%) Minimum total side yard setback: 20 ft. 12.8 ft. 7.2 ft. (36%) Maximum principal building coverage: 30% 33% 3% (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 window wells are required for egress from the basement. With regard to the deck, as the application states, “The benefit sought is to have a spot to enjoy the outdoor yard”. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The egress window wells will be at grade level and will not impact immediate neighbors. While the principal building coverage will exceed the maximum a condition of this approval will limit the coverage of any future accessory structures. 3. The Board finds the variance from the minimum total side yard setback to be substantial on a percentage basis (36%); however, the substantiality is mitigated by the fact that the egress window wells are at grade and only approximately 25 sq. ft. each. 4. The variance will not have significant adverse physical or environmental effect on the neighborhood or district, as the egress window wells and rear deck will not be visible from the street and all combined only total approximately 150 sq. ft. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the window wells and deck, but City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 4 of 11  this is not necessarily fatal to the application. Condition: Accessory structures limited to 7% coverage or 413 sq. ft. 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, in favor; Cherie Grey, in favor; Rebecca Kern, Alternate, in favor MOTION PASSES: 6-0 RECUSAL Bill Moore, Chairman recused from the following application. Keith Kaplan, Vice Chairman assumed the duties of the Chair. 4. #3056 NEMER SUNROOM, 42 Oak Street, area variance for construction of a rear sunroom addition to an existing Single-family residence; seeking relief from the maximum principal building requirement in the Urban Residential-3 District. This application was heard at the September 10, 2018 meeting and adjourned to September 24, 2018. The public hearing was opened and remains open. Keith Kaplan, Vice Chairman asked if there were any further questions or comments from the Board. None heard. 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 7:14 P.M. Susan Steer presented the following resolution. #3056 IN THE MATTER OF THE APPEAL OF Selma Nemer 42 Oak Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 42 Oak Street in the City of Saratoga Springs, New York being tax parcel number 165.66-3-27 on the Assessment Map of said City. The appellants having applied for an area variance under the Zoning Ordinance of said City for construction of a sunroom addition to the rear of an existing single-family residence; seeking relief from the maximum principal building coverage requirement in the Urban Residential – 3 District and public notice having been duly given of a hearing on said application held on the 10th and 24th days of September 2018. City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 5 of 11 In consideration of the balance between benefit to the applicants 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 RELIEF REQUESTED DIMENSIONAL REQUIREMENT Maximum building coverage: 30% 37.71% 7.71% (26%) 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. As the application states, “Ms. Nemer has explored other rooms in her home for suitable natural light and sufficient open floor space; however, the current existing spaces in her home do not provide her with adequate natural lighting or an open floor plan”. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The sunroom is a rear addition, is a single- story structure and would not be visible from either street. As the application states, “The Applicant has worked closely with local architects and designers to create an unconditioned sunroom which will mimic the design and façade of her home”. 3. The Board finds the variance from the maximum principal building coverage to be substantial on a percentage basis (26%); however, the substantiality is mitigated by the fact that the addition is in the rear, single-story and in the area of an existing deck. 4. The variance will not have significant adverse physical or environmental effect on the neighborhood or district, as the application indicates, the principal building coverage increase is not taking away from any green space on the property; rather, the increase represents the area of the currently existing wood deck. In addition, the site to remain permeable will be 43% which exceeds the minimum 25% in the district. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the sunroom, but this is not necessarily fatal to the application. Condition: No future accessory structures. Cheryl Grey seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Cherie Grey, opposed; Rebecca Kern, Alternate, in favor MOTION PASSES: 4-1 Bill Moore, Chairman resumed his position on the Board. Keith Kaplan, Vice Chairman resumed his position on the Board. 5. #3057 GUIOR RESIDENCE, 152 Nelson Avenue, area variance for construction of a new roof line to an existing single-family residence; seeking relief from the minimum side yard setback, requirement in the Urban Residential-2 City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 6 of 11  District. This application was heard at the September 10, 2018 meeting and adjourned to September 24, 2018. The public hearing was opened and remains open. 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 7:20 P.M. Rebecca Kern, Alternate presented the following resolution. #3057 IN THE MATTER OF THE APPEAL OF Barbara Frank and Rick Guior 152 Nelson Avenue Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 152 Nelson Avenue in the City of Saratoga Springs, New York being tax parcel number 166.69-4-13 on the Assessment Map of said City. The appellants having applied for an area variance under the Zoning Ordinance of said City to permit the construction of a new roof line over an addition to an existing single-family residence; seeking relief from the minimum side yard setback requirement in the Urban Residential – 2 District and public notice having been duly given of a hearing on said application held on the 10th and 24th days of September 2018. In consideration of the balance between benefit to the applicants with detriment to the health, safety and welfare of the community, I move that the following area variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF DIMENSIONAL REQUESTED REQUIREMENT Minimum side yard setback: 8 ft. 2.5 ft. 5.5 ft. (68.75%) 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. As the applicant’s architect explained, the proposed roof will fit the style and character of the existing house more than the existing shed roof. The Board notes that there does not appear to be other feasible means other than to not modify the roof line and maintain the shed roof. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The existing side addition is preexisting; the new roof over this addition is projected slightly higher than the existing roof. The new roof overhang will not project any further into the setback than the existing. 3. The Board finds the variance to be substantial on a percentage basis (68.75%); however, the substantiality is mitigated by the fact that there will be no further encroachment into the setback and that the new roof style is merely an aesthetic change. 4. The variance will not have significant adverse physical or environmental effect on the neighborhood or City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 7 of 11  district, as the footprint of the home will not change with the new roof no new impermeable surfaces would be added to the site. As the application states, “The owner has also experienced issues with the existing roof in terms of water and ice issues”. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the new roof, but this is not necessarily fatal to the application. Cheryl Grey seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Cherie Grey, in favor; Rebecca Kern, Alternate, in favor MOTION PASSES: 6-0 6. #3058 AVILA RESIDENCE, 5 Myrtle Street, area variance for construction of 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 September 10, 2018 meeting and adjourned to September 24, 2018. The public hearing was opened and remains open. 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 7:25 P.M. Cheryl Grey presented the following resolution. #3058 IN THE MATTER OF THE APPEAL OF Matt and Wendy Avila 5 Myrtle Street Saratoga Springs NY 12866 In the matter of the appeal from the Building Inspector’s determination involving an addition to the rear of a single family residence at 5 Myrtle Street, in the City of Saratoga Springs, New York, being Tax Parcel #165.57-2-33 on the assessment map of said City. The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the Construction of a one story addition on the rear of the existing residence in a UR-2 District and public notice having been duly given of a hearing on said application held on September 10 and 24, 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 Rear yard setback: 25’ 5’ 5’ 20’ (80%) City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 8 of 11 As per the submitted plans dated March, 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 wants to add a bedroom and has been advised that a second floor cannot be added to the existing structure. An addition to the front of the home would incur more changes to the interior layout. 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 rear part of the house already has a setback of 5’; this addition will extend the set back an additional 11’ width to the same amount of setback that is currently in existence. 3. The relief requested is considered substantial at 80%, however, the substantiality is mitigated in that the addition is consistent with the current setback. 4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. Since this will be in the rear of home, it will not be visible to most of the neighbors and the lot behind this property is owned by the applicants. Permeability remains at 25% and the overall building coverage is not an issue. 5. The difficulty may be considered self-created. However, this is not necessarily fatal to the applicant. 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; Rebecca Kern, Alternate, in favor; Cherie Grey, opposed MOTION PASSES: 5-1 7. #3059 ASKEW MULTI-FAMILY, Station Lane, area variance for proposed multi-family residences; seeking relief from the minimum frontage build-out in the Transect-5 District. SEQRA Lead Agency determination. Bill Moore, Chairman stated this is procedural the application is for determination of SEQRA Lead Agency Status. The Planning Board has coordinated review with the DRC. The Planning Board has requested Lead Agency Status. Adam McNeill, Secretary made a motion in the matter of the Askew Multi-Family, Station Lane, the Zoning Board of Appeals defers SEQRA Lead Agency Status to the Planning Board. Keith Kaplan, Vice Chairman seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Cherie Grey, in favor; Rebecca Kern, Alternate, in favor MOTION PASSES: 6-0 8. #3060 CLANCY RESIDENCE, 2 Concord Drive, area variance to construct an addition to an existing single-family residence; seeking relief from the minimum front yard and maximum principal building coverage requirements in the Urban Residential-1 District. SEQRA: City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 9 of 11 -Action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Lexington 30 ft. 14 ft. 16 ft. (53%) Maximum principal building coverage: 20% 25.5% 5.5% (27.5%) DISCLOSURE: Keith Kaplan, Vice Chairman disclosed that he and Tom Clancy volunteered together in the past. He has no financial interest in this application and feels he can be impartial regarding this application. No need for recusal simply disclosure. Applicant: Tom Clancy Mr. Clancy stated they are proposing adding an addition to the side of the existing home. Susan Steer questioned if there were other alternative considered. Mr. Clancy stated there is a room on this side of the home which they would like to extend. There is a pool in the rear of the home and there is no room on the west side of the home and there is no property for sale that would add to the existing lot. The proposed addition will flow with the existing structure design and will not change the character of the neighborhood. We are looking to make our family room area larger. I cannot go up so there are no other options. Susan Steer stated she is looking for comparable lot coverage’s and a permeability calculation. Also, she requested the coverage for accessory structures. Bill Moore, Chairman asked if there were any further questions or comments from the Board. Cherie Grey questioned the size of the addition. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:38 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 October 15, 2018. APPROVAL OF MEETING MINUTES Approval of meeting minutes was deferred to the October 15, 2018 Zoning Board of Appeals Meeting. MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 7:40 P.M. Respectfully submitted, City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 10 of 11  Diane M. Buzanowski Recording Secretary APPROVED 10-29-18 City of Saratoga Springs - Zoning Board of Appeals – September 24, 2018 - Page 11 of 11