Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, OCTOBER 29, 2018 7:00 P.M. CITY CENTER MEETING ROOM 2A 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; Rebecca Kern, Alternate; Brad Gallagher STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Justin Grassi, Counsel to the Land Use Boards 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: #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. #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 #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 an 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. #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. #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. Adjourned to November 19, 2018. #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 #3052 SARATOGA PIZZA, LLC PIZZERIA, 44 Jefferson Street, use variance for an eating and drinking establishment; seeking relief from the permitted uses in the Urban Residential-2 District. OLD BUSINESS: DISCLOSURE: Susan Steer disclosed that she is friends with Kurt Fox. She has no financial interest in this application. No need for recusal, simply disclosure. 1. #2938.1 FOX TWO-FAMILY, 217 Caroline Street, area variance for constructed changes to a previously approved area variance for an addition to an existing multi-family residence; seeking additional relief from the minimum side yard setback to the addition and minimum side yard setback to accessory structure requirements in the Urban Residential -3 District. This application was heard at the October 15, 2018 meeting and adjourned to October 29. The applicant provided additional information as requested by the Board. The public hearing was opened and remains open. Applicant: Kurt Fox Mr. Fox stated the requested information was provided to the Board by Ms. Davis. 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 7:07 P.M. Adam McNeill, Secretary presented the following resolution. #2938.1 IN THE MATTER OF THE APPEAL OF Fox Residence 217 Caroline Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 217 Caroline Street in the City of Saratoga Springs, New York being tax parcel number 166.53-2-38 in the Inside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit an addition to an existing building in an UR-3 district and public notice having been duly given of a hearing on said application held on October 15th and 29th, 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: PREVIOUSLY TOTAL RELIEF City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 2 of 10  REQUIRED APPROVED PROPOSED REQUESTED Additional 1 ft. Min. side yard setback: rear addition 4 ft. 3 ft. 2 ft. 2 ft. total (50%) Min. side yard setback: Accessory building 5 ft. 1 ft. 4 ft. (80%) 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 explored locating the proposed mechanicals on the north side of the house, however this location reduced the efficiency of the units which ultimately led them to locate the units on the east side of the house, closest to the mechanical room in the basement. In addition, the applicant has identified additional side yard relief required for overhangs not previously identified. 2. The board finds that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposed construction will be set back from the road and set into the home so that most of the construction will not be visible from the road. 3. The board finds notes that all areas of relief could be considered substantial, although this substantiality is mitigated by the minimal size of the installed units and the additional 1 foot for the addition to the residence. 4. The board concludes this variance will not have significant adverse physical or environmental effect on the neighborhood or district as the applicant has made efforts to reduce overall noise impact on the neighborhood through selection of higher quality air conditioning condenser units that emit lower amounts of noise. 5. The alleged difficulty could be considered self-created, but this is not necessarily fatal to the application. Conditions: Fencing along the side of condensing units. No accessory structures permitted on the property. Cherie Grey seconded the motion. Bill Moore, Chairman asked if there was any further discussion. DISCLOSURE: Board Member Susan Steer disclosed that she has viewed the previous meeting webcast and feels comfortable voting on this application tonight. Bill Moore, Chairman stated he feels there were more choices so he is opposed to this application. Discussion ensued regarding the adding of additional wording on the resolution concerning the variances. VOTE: Bill Moore, Chairman, opposed; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Cherie Grey, in favor; Brad Gallagher, in favor; Becky Kern, Alternate, in favor MOTION PASSES: 6-1 NEW BUSINESS: 1. #3062 BYRNE RESIENCE, 96 Union Avenue/7North Alley, area variance to construct additions to an existing residence; seeking relief from the minimum side yard and total side yard setbacks for the main house and minimum front yard, minimum side yard and total side yard setbacks for the carriage house/residence requirements in the Urban Residential-4 District. City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 3 of 10 SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: Area variance for construction of a carport addition to the residence, approved on 07/19/1978. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard: Carriage house 25 ft. 4 ft. 21 ft. (84%) Minimum side yard: Carriage house 20 ft. .9 ft. 19.1 ft. (95%) Minimum total side yard: Carriage house 45 ft. 21 ft. 24 ft. (53%) Minimum side yard: Main house 20 ft. 8.5 ft. 11.5 ft. (57%) Minimum total side yard: Main house 45 ft. 9.3 ft. 35.7 ft. (79%) Applicant: Sharon Byrne Agent: Tonya Yasenchak, Engineering America Ms. Yasenchak stated the applicant is requesting to convert this home back to a single-family home. When the applicant purchased this home in 2002 there were four residences on this site, including one in the carriage house. Ms. Byrne received a letter from the building inspector that the house was in nonconformance. Ms. Byrne is in the process of renovating this house back to a single-family but would like to maintain the apartment in the block house/carriage house on the property. We are requesting the above-mentioned variances since will be increasing the footprint of the home to square off the building in the rear kitchen area. Floor plans were provided to the Board. The main structure of the home has been in existence since the 1900’s. The property line is not exactly straight, and we are a little close to the property line while only adding a foot or so to the main structure on the side of the home. We are also adding a spiral staircase to the upper deck and will be removing the current staircase. We needed to amend our application due to the fact that there are two principal residences which are allowed in this district however they are not in the same building. DISCLOSURE: Brad Gallagher disclosed that Mrs. Byrne was his real estate agent when he purchased his home over 2 years ago. He has no financial interest in this application and will not affect his ability to be impartial in rendering a decision. No need for recusal, simply disclosure. Brad Gallagher stated he has no additional questions, straightforward application. 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 ZBA meeting scheduled for November 19, 2018. 3. #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 seeking relief from the minimum City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 4 of 10  frontage build-to and build-out and two-story requirements in the Transect-4 District. SEQRA: -Action appears to be an Unlisted Action. -Planning Board (special use permit and site plan review) and DRC (architectural review) are involved agencies. -The Board Coordinated Review and deferred Lead Agency to the Planning Board on July 23, 2018. -The Planning Board, accepted Lead Agency and issued a Negative SEQRA Declaration on October 4, 2018. PARCEL HISTORY: -Stipulation and Order of Settlement dated May 17, 2018. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Frontage build-to: 12-18 ft. 161.2 ft 143.2 ft. Frontage build-out: 50% 0% 50% (100%) Minimum two story: Two-story One-story (17,450 sq. ft. total) One story (17,450 sq. ft. total) Applicant: Tara Stone Agent: Jon Lapper, Project Attorney; Jeff Anthony, Studio A Mr. Lapper provided some history of the project. Buildings were built in the late 70’s and 80’s, and predate the T-4 requirements of build-to, build-out and minimum two story; however, the existing buildings were not permitted and so they do not have nonconforming status. We have entered into a Stipulation and Order of Settlement with the City Attorney. The site was considerably cleaned up as part of the Stipulation, and the existing buildings would be before the ZBA for variances, Planning Board for special use permit and site plan review and DRC for architectural review. We did appear before the Planning Board and they issued a Negative SEQRA Declaration on October 4, 2018. Our goal is to complete the cleaning up of the site. We are here this evening for variances due to the way the buildings are arranged. We are here to clean up the site for re-development and to comply with current T-4 requirements and regulations. Mr. Anthony, Studio A, stated there were a series of requests in the Settlement Agreement with the City, they have all been taken care of. The important ones are the temporary or membrane structures have been removed from the site. All unlicensed vehicles have been removed, waste building materials have been removed, all waste containers except ones that are dedicated to current occupants. All stone owned enterprises activities from the site have been removed. Cease operation of the golf driving range until a Special Use Permit is issued. These were mandated in the Settlement Agreement. A requirement of the T-4 District is the build to distance from the Front Lone Line 12’-18’ is required. The current building is 161 feet from the street, so that does not meet the T-4 requirement. Minimum 50% build out frontage is required, and we do not have that. Also, T-4 District requires two story buildings we only have one story buildings on the site. These are the requested variances before the Board tonight. One principal building is allowed on the site. We currently have four. A visual of the improvements on the site were provided to the Board as well as the current proposed improvements which include streetscape improvements, sidewalks, decorative street lighting, street trees and approved signage. Buffering of parking lots from adjacent uses, as well as buffering the perimeter of the site from adjacent uses. Paving driveways and parking areas as well as the addition of a crosswalk. The driving ranges will be smaller. Additional dry wells will be added if necessary. There are sandy soils in this area which are good for drainage. Tara Stone spoke regarding these buildings which have been there for a long period of time. We are fixing up the property until it is redeveloped. We have current tenants and do not wish to have them relocate. Brad Gallagher questioned the future plans of the site. City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 5 of 10 Mr. Lapper stated there has been some discussion with developers. Brad Gallagher stated the applicant is looking for a band-aid. He is not convinced this is the best use of this property. Ms. Stone spoke regarding the 6 or 7 tenants which still operate at this site. For the most part it is warehousing and there is not a large level of traffic in this area. No intention to market the property. Brad Gallagher questioned the length of the current leases and when they expire. Ms. Stone stated she will provide this information to the Board. Mr. Lapper provided a listing of the tenants for the Board. Cherie Grey questioned the size of the entrance to the property, as well as the width of the property. Mr. Lapper provided information to the Board on this large shaped parcel. Becky Kern requested floor plans of this area identifying tenant locations and vacant buildings. Keith Kaplan, Vice Chairman questioned the frontage of the site and the two-story building requirements in this district. Susan Steer stated since the variances run with the land, she is concerned regarding what would be developed here. Justin Grassi, Counsel to the Land Use Boards stated the variances granted do run with the land. The applicant will be able to build a building within the specifications of the variance and whatever the permitted uses are and what is granted by the Special Use Permit. Bill Moore, Chairman stated he lived in the Weibel Avenue apartments for 7 months awaiting the completion of his home. It was extremely quiet. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:50 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next ZBA meeting scheduled for November 19, 2018. 4. #3064 CONNERS RESIDENCE, 87 Ludlow Street, area variance to construct an addition to an existing single-family residence; seeking relief from the maximum principal building coverage requirements in the Urban Residential-3 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variance for renovation including increasing roof height to an existing single-family residence; relief from the Minimum front yard setback requirement granted December 11, 2017. -Use variance modification to remove a condition of approval, granted July 24, 2017. AREA VARIANCE CONSIDERATIONS: City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 6 of 10  REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage: 30% 34% 4% (13%) Agent: Bob Flansburg, Dreamscapes Unlimited Mr. Flansburg provided a visual of the proposed project noting that the applicant has reduced the house footprint as much as possible and has made every effort to keep the home within the 30% allowable including an attached screened in porch and rear covered porch. The site also houses a detached carriage house. There are two principal structures on the parcel. This project has been redesigned approximately 3 times and we are at 34% lot coverage including all overhangs the porches and the carriage house overhangs. Keith Kaplan, Vice Chairman questioned the applicant if there were any feasible alternatives. The previous structure on the property has been demolished and we are dealing with a blank slate here. From his perspective if the main house is made smaller, with smaller porches less relief would be necessary. The floor plan is very large. We would like better reasoning why it isn’t possible to come with a smaller design in conformance. Mr. Flansburg stated it was never their intention to take the existing structure down. However, the frame was unstable to do what the applicant initially requested. The size of the living room, dining room and family room is all what was in the existing structure. The frame came down and left the stone foundation remains. Keith Kaplan, Vice Chairman questioned how large the pool is and what those dimensions are. Bill Moore, Chairman asked if the concrete around the pool was calculated? Susan Barden, Senior Planner, City of Saratoga Springs stated no it was not. Bill Moore, Chairman stated we are not sure of this calculation it could put lot coverage up to 40% or more. This information is need by the Board. Keith Kaplan, Vice Chairman stated any other accessory structure would need to be factored in. We need to have the lot coverage calculation. Also, it would be helpful for the applicant to provide neighborhood lot coverage from some of the surrounding properties. Discussion ensued among the Board regarding the proposed height of the home and perhaps a visual of the proposed home to be provided. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:00 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Dave North, 86 Ludlow, directly across the street from this property. I am speaking against this application. I am looking at a 60 foot wide home. It would take up the entire front of the property. This is giant and is nothing like we have seen in other houses in the area and it is not in keeping with the character of our town. Rob Duboff, 92 Ludlow. Mr. Duboff disclosed that he is on the Design Review Commission, however he will recuse himself if this should come before the Commission. I would like to request the Board seek an Advisory Opinion from the DRC, based on what Mr. North has stated. This property is not within the Historic District, nor Architectural District, it directly adjacent to the Historic District and the front façade is very visible from Caroline Street which is within the Historic District. City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 7 of 10 Mary Parliman, 89 Ludlow. All of the reasons my neighbors have stated are also a great concern to me. She is worried about permeability and the foundation is very close in proximity to my property line, and the height of the building is a concern. Harrison Braxton, 81 Ludlow, right next door to this property. I did not receive notification of this application. I have some concerns regarding side yard setbacks. Regarding the screen porch can it be enclosed for more living space? Also a picture of what the house is proposed to be. There is no site plan at this time. Bill Moore, Chairman stated the site plan is incomplete. The Board has requested this along with additional information. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next ZBA meeting scheduled for November 19, 2018. 5. #3065 DGD HOLDINGS, LLC, RESIDENCE, Lot 16 Shaw Drive (178.52-1-30), area variance for construction of a new single family residence; seeking relief from the maximum principal building coverage requirement 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 principal building coverage: 30% 33.7% 3.7% (12%) Agent: Bob Flansburg, Dreamscapes Unlimited Mr. Flansburg provided a visual of the proposed site. The lot is 60 feet wide and 142 feet deep. The project fits well on the site and meets all the required setbacks and maintains the land preservation area located to the rear of the property. The screen porch is important to the applicant which is to the rear of the house. This is what pushes the application a little over the 30%. This current project coverage includes the overhands and the escape windows wells. Susan Steer questioned if there would be a second level above the screen porch or plans to winterize this. She noted she would like a condition on the resolution regarding no accessory structures. Mr. Flansburg stated this would be a one-story screen porch and there are no plans to winterize the porch. Keith Kaplan, Vice Chairman stated he is in agreement with Susan and would only be in favor of this application if there was a condition noting a limitation of accessory structures to 6.3%. Becky Kern stated she is in agreement with her fellow Board members regarding conditioning the resolution. However, she stated the screen porch does look a bit large and could possibly be reduced since it is seasonal and would reduce the amount of coverage. Brad Gallagher stated he does live close by this development. There are several homes in the area that have second story porches in the neighborhood. No concerns with this application. PUBLIC HEARING: City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 8 of 10 Bill Moore, Chairman opened the public hearing at 8:27 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 ZBA meeting scheduled for November 19, 2018. 7. #2924.2 NOONAN RESIDENCE, 39 Schuyler Drive, area variance for constructed patio and shed and modification of condition of previous approval restricting accessory structures; seeking relief from the minimum setback to a patio in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variance for construction of an addition to an existing single-family residence; relief granted from the minimum front yard, side yard and total side yard setbacks, and maximum principal building coverage on November 7, 2016 with a condition of no further accessory buildings. -Area variance modification to demolish and rebuild to original dimensions granted July 24, 2017. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback: 10 ft. 3.8 ft. 6.2 ft. (62%) Applicant: Tom and Susan Noonan Mr. Noonan stated a variance was granted in 2016. We proceeded and completed construction. When the as-built survey was submitted prior to the issuance of a certificate of occupancy it was noted the patio and shed existed on the property. On our paperwork from 2016 it was noted no accessory structures, and we never understood the language noted. The requested variance is consistent with surrounding properties. The proposed design will enhance the neighborhood. Cherie Grey questioned the applicants having a two-car garage. Mr. Noonan stated their two-car garage is smaller than what other garages exist today. Cherie Grey questioned the removal of some of their patio. If the patio could be measured and information provided to staff. Bill Moore, Chairman spoke regarding making the patio 6 feet smaller. This would bring the patio into conformance. Susan Barden, Senior Planner, City of Saratoga Springs spoke regarding the removal of the earlier condition. Adam McNeill, Secretary spoke regarding conditioning the variance. Bill Moore, Chairman asked if there were any further questions or comments from the Board. None heard. PUBLIC HEARING: City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 9 of 10 Bill Moore, Chairman opened the public hearing at 8:40 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Sharon Cuttahee, 4 McCallister Drive. My side yard is adjacent to the Noonan’s backyard. The Noonan’s built a beautiful home and I am here to support what they are asking for. The shed is beautiful and matches their home. I have no issues at all. It enhances the beauty of our neighborhood. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next ZBA meeting scheduled for November 19, 2018. APPROVAL OF MEETING MINUTES Keith Kaplan, Vice Chairman made a motion to approve the September 24, 2018 ZBA Meeting Minutes as amended. Becky Kern, Alternate seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Cherie Grey, in favor; Rebecca Kern, in favor; Brad Gallagher, in favor MOTION PASSES: 6-0 Keith Kaplan, Vice Chairman made a motion to approve the October 15, 2018 ZBA Meeting Minutes as amended. Becky Kern, Alternate seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Cherie Grey, in favor; Rebecca Kern, Alternate, in favor; Brad Gallagher, in favor; Susan Steer, abstained MOTION PASSES: 6-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:43 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 11-19-18 City of Saratoga Springs - Zoning Board of Appeals – October 29, 2018 - Page 10 of 10