Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES ( FINAL) MONDAY, DECEMBER 6, 2021 6:30 P.M. CITY COUNCIL ROOM CALL TO ORDER : Keith Kaplan, Chair, called the meeting to order at 6:30 P.M. SALUTE TO THE FLAG: PRESENT : Keith Kaplan, Chair; Brad Gallagher, Vice Chair; Cherie Grey; Gage Simpson; Emily Bergmann; Matthew Gutch, Terrance Gallogly STAFF: Amanda Tucker, Senior Planner, City of Saratoga Springs Mark Schachner, 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. APPROVAL OF MEETING MINUTES: Cherie Grey made a motion to approve the minutes of the November 15, 2021, Zoning Board of Appeals as amended. Gage Simpson seconded the motion. Keith Kaplan, Chair, asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Chair, in favor; Brad Gallagher, Vice Chair, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor; Emily Bergmann, in favor; Terrace Gallogly, in favor MOTION PASSES: 7-0 ZBA APPLICATIONS UNDER CONSIDERATION: NEW BUSINESS: 1. #20211050 114 YORK AREA VARIANCE , 114 York Avenue, area variance to renovate roof within the Urban Residential-3 (UR-3) District. AREA VARIANCE CONSIDERATIONS: TYPE OF REQUIR PROPOS TOTAL RELIEF REQUIREMENT ED ED REQUESTED Side setback (East) 4 ft. 1.8 ft. 2.2 ft. or 55.0% Applicant: Monette Carli Ms. Carli stated she is completing a total renovation of the house. A building permit was obtained for all the renovations except the roof. A visual of the property was provided. Ms. Carli stated the side of the house where she is requesting relief is located 3 ft. from the property line. The applicant stated she is not changing the footprint of the house. The roof portion she is requesting to renovate is the very back section of the roof and a small portion of the house. She is proposing to change the pitch of the current flat roof to match the remainder of the home. Cherie Grey questioned the applicant regarding the roof pitch, and the proximity of the new roof eaves in relation to the property line. Ms. Carli stated she has requested a bit more relief than required to assure that the property would comply and prevent an additional appearance before the ZBA. Emily Bergmann questioned if the property was surveyed prior to the appearance before the Board? Ms. Carli stated she has not had a survey completed at this time. The applicant stated she viewed the neighbors survey which Indicates the location of this property line. Keith Kaplan, Chair, stated a survey is an excellent point in the event there is a mismeasurement considering how close everything is. That would help alleviate a return before the ZBA. The Chair questioned if a survey was a requirement? Amanda Tucker, Senior Planner, stated the applicant will be required to provide an as built survey upon completion of construction. The Building Department will require it. Any discrepancies the applicant will be required to return. Cherie Grey stated homes can be angled on the lots and the measurements are closer to the property line. It would be helpful to have the survey prior to construction. PUBLIC HEARING: Keith Kaplan, Chair, opened the public hearing at 6:42 P.M. Keith Kaplan, Chair asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Chair stated the public hearing will remain open until the next scheduled ZBA meeting which is January 10, 2022. He noted that the Board may have a resolution prepared at that time. We have not asked for any additional information. 2. #20211023 235 NELSON AVENUE VARIANCE, 235 Nelson Avenue, area variance to construct a residential addition Including garage, sunroom, home office, and master suite within the Urban Residential -3 (UR-3) District. AREA VARIANCE CONSIDERATIONS: TYPE OF REQUIR PROPOS TOTAL RELIEF REQUIREMENT ED ED REQUESTED Maximum Principal 30% 33% Coverage Agent: Matthew Hurff, Frost Hurff Architects Mr. Hurff provided a brief visual presentation of the existing site plan. The proposal is to add an attached garage, a small sunroom, and a pergola on the back of the house. Mr. Hurff provided an aerial view of the neighborhood and reviewed the criteria for an area variance, as well as feasible alternatives. The proposed project is consistent with the character of the neighborhood. Photographs of the neighborhood were also City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 2 of 9 provided to the Board, noting the applicant’s property is larger and has more greenspace than the neighborhood properties. The project will not cause any adverse environmental impact. Discussion ensued among the Board regarding feasible alternatives, accessory structures on the property, air conditioning unit, size of the proposed two-story addition, a two-car garage as well as the historic property. Keith Kaplan, Chair, inquired whether, given this home is on a corner on an alley, it has two fronts, and if there is a setback encroachment on the Diamond Place side? Amanda Tucker, Senior Planner, the Building Inspector viewed this and stated even though it is a very narrow street, precedence shows there are other houses that front on it, so he agrees it has two fronts. Mr. Hurff stated the existing building most definitely encroaches. Keith Kaplan, Chair, asked if there were any further questions or comments from the Board. None heard. Keith Kaplan, Chair, stated we have requested to confirm that the Board has received the correct information on the coverage. PUBLIC HEARING: Keith Kaplan, Chair, opened the public hearing at 6:58 P.M. Keith Kaplan, Chair, asked if anyone in the audience wished to comment on this application. Keith Kaplan, Chair, stated we will leave the public hearing opened until the next ZBA meeting scheduled for January 10, 2022. 3. #20210978 ST. PETER ’S AREA VARIANCE , 48 Congress Place area variance to install wall sign for St. Peter’s Family Medicine Facing Congress Street, install panel for existing off-premises sign at the corner of Congress Place and Congress St., and install off-premises new Freestanding sign at Congress Place entrance within the Transect-6 (T-6) District. Amanda Tucker, Senior Planner, stated the applicant is proposing two off premise freestanding signs which require relief. One currently exists which will have an updated facial panel, and a second new freestanding sign. Also, one wall sign which will be in an area where the applicant does not have store frontage and they will require relief from that. Applicant: St. Peter’s Health Partners Agent: Carl Wheeler, AJ Sign Company Mr. Wheeler stated this is a healthcare facility, so we do want to provide direction. The entrance to the facility will be accessed on the right rear side of the building. We are proposing the signage so when people pull into the plaza they are correctly directed. As noted by staff one freestanding sign will have a facial upgrade on the corner of Franklin and Congress Plaza. The second proposed sign will require removal of a tree and the sign will be placed at the corner of Congress Place and Congress Street. Thirdly one new proposed sign will be placed above Purdy’s. Keith Kaplan, Chair, stated viewing the geography we are dealing which was provided is helpful in considering the location of the two freestanding signs. The location of the wall signage facing the parking lot within Congress Plaza may cause confusion and the Chair noted he is not in favor of the current location. City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 3 of 9 Discussion ensued among the Board regarding the location of the wall sign, and illumination. The Boards consensus was the signage could be misleading to clients and directional signage might helpful for better clarity. Keith Kaplan, Chair, stated he feels an Advisory Opinion from the DRC might be necessary. PUBLIC HEARING: Keith Kaplan, Chair, opened the public hearing at 7:12 P.M. Keith Kaplan, Chair, asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Chair, stated the public hearing will remain open until the next ZBA meeting. Keith Kaplan, Chair, made a motion in the matter of the St. Peter’s Area Variance, 48 Congress Place, the ZBA requests an Advisory Opinion from the DRC, regarding the visuals, the appropriateness of the signage, placement, and illumination. Cherie Grey seconded the motion. Keith Kaplan, Chair, asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Chair, in favor; Brad Gallagher, Vice Chair, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor; Emily Bergmann, in favor; Terrace Gallogly, in favor MOTION PASSES: 7-0 CONTINUED BUSINESS: DISCLOSURES: Keith Kaplan, Chair, stated he was absent from the November 15, 2021, meeting. He did view the webcast and reviewed the materials and feels comfortable voting on these applications. Matthew Gutch stated he was absent from the November 15, 2021, meeting. He did view the webcast and reviewed the materials and feels comfortable voting on these applications. Brad Gallagher, Vice Chair stated he was absent from the November 15, 2021, meeting. He did view the webcast and reviewed the materials and feels comfortable voting on these applications. 1. #20210905 5 JUMEL PLACE AREA VARIANCE, 5 Jumel Place, area variance to convert the existing accessory structure to a secondary principal building within the Urban Residential-3 (UR-3) District. Keith Kaplan, Chair, stated this is a previously opened application. The public hearing was opened and remains open. Applicant: Matthew Richwine Mr. Richwine stated he was requested to measure side setbacks on the second story of the structure. Also, an aerial view of the neighborhood was provided to assure the Board of the project being in context with the City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 4 of 9 neighborhood. This information was also provided to staff. Measurements were provided from the second story. PUBLIC HEARING: Keith Kaplan, Chair, stated the public hearing was opened and remains open. Keith Kaplan, Chair, asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Chair, closed the public hearing at 7:21 P.M. Gage Simpson presented the following resolution. #20210905 IN THE MATTER OF THE APPEAL OF MATTHEW RICHWINE 5 JUMEL PLACE SARATOGA SPRINGS NY 12866 from the determination of the Building Inspector involving the premises at 5 Jumel Place in the City of Saratoga Springs, New York being tax parcel number 166.53-2-17 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 conversion of the second floor of an accessory structure to a second principal structure in an Urban Residential-3 (UR-3) District and public notice having been duly given of a hearing on said application held on the 15th day of November through the 6th day of December 2021. In consideration of the balance between benefit to the applicant with detriment to the health, safety, and welfare of the community, I move that the following area variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF DIMENSIONAL REQUESTED REQUIREMENT Principal Structure 1 2 1 (100%) Min Average Width 80’ 55’ 25’ (31.3%) Side Setback to Second Principal 4’ 0.2’ 3.8’ (95%) (West) Side Setback to Second Principal 4’ 1.9’ 2.1’ (52.5%) (East) Total Side for Second Principal 12’ 2.1’ 9.9’ (82.5%) As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. Per the applicant, the pre-existing, non-conforming accessory structure is in good condition so rebuilding it within the zoning setbacks is not economically viable. There are also no additional properties available for purchase. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The Board notes the accessory structure is pre-existing, non-conforming and there is evidence that the second floor was used as a second principal structure prior to the implementation of the current Zoning Ordinance. The Board also notes there are many surrounding properties with two principal structures in this neighborhood. The applicant provided a document listing multiple neighboring properties with multiple dwelling units. Finally, the Board finds that the lot is 11,918sf which helps to mitigate the relief. City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 5 of 9 3. The Board notes the requested variances of 31.3%, 95%, 52.5%, and 82.5% are substantial, however, these are mitigated by the fact that the accessory structure is pre-existing, non-conforming and there are no plans to modify the current arrangement or footprint of the structure. The Board also notes that the portion of the accessory structure to be converted into a principal structure exists well within the Zoning Ordinance setbacks, further mitigating the impact of the relief requested. The 100% variance of adding a second principal structure to the property is mitigated by the discussion in paragraph 2. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The property will still maintain a minimum permeability of 25%. 5. The alleged difficulty is considered self-created insofar as the applicant desires to convert the accessory structure into a principal building. However, this is not necessarily fatal to the application. Conditions: 1. The principal use of the second principal structure is limited to the second floor of the structure. 2. Second principal structure to maintain second story setbacks of 12’ and 18’ respectively. 3. Only a Single-family residence permitted in the main principal structure. Cherie Grey seconded the motion. Keith Kaplan, Chair asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Chair, in favor; Brad Gallagher, Vice Chair, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor; Emily Bergmann, in favor; Terrace Gallogly, in favor MOTION PASSES: 7-0 2. #20210869 338 CAROLINE AREA VARIANCE, 338 Caroline Street, area variance to construct a porch, garage, and rear addition within the Urban Residential -1 (UR-1) District. Keith Kaplan, Chair stated this is a previously opened application. The public hearing was opened and remains open. DISCLOSURE: Keith Kaplan, Chair disclosed information on this matter was provided by Chuck Marshall, who the Chair has done volunteer work with. The Chair has no financial interest in this application and can be impartial in rendering a decision. Matthew Gutch disclosed that he does work with Chuck Marshall. He has no financial interest in this application and can be impartial in rendering a decision. Applicant: Libby Coreno Ms. Coreno stated she has added the air conditioning unit to the overall coverage. It changed the coverage by an additional .10% Also, draft interior floor plans were provided. Cherie Grey thanked the applicant for providing the requested information. She also requested confirmation that the existing driveway and curb cut on the right side of the home will be removed with this project. Ms. Coreno confirmed that the current driveway and curb cut on the right side of the home will be removed. PUBLIC HEARING: City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 6 of 9 Keith Kaplan, Chair, stated the public hearing was opened and remains open. Keith Kaplan, Chair, asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Chair, closed the public hearing at 7:40 P.M. Terrance Gallogly presented the following resolution. #20210869 IN THE MATTER OF THE APPEAL OF M. ELIZABETH CORENO 338 CAROLINE STREET SARATOGA SPRINGS, NY 12866 from the determination of the Building Inspector involving the premises at 338 Caroline Street in the City of Saratoga Springs, New York being tax parcel number 166.14-4-5 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 residential additions to the existing house in an Urban Residential 1 (UR 1) District and public notice having been duly given of a hearing on said application held on the 15th of November and 6th day of December 2021. 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: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF DIMENSIONAL REQUESTED REQUIREMENT Maximum Principal coverage 20% 25.2% 5.2% (or 26%) Minimum Front Yard Setback 30 ft. 6.9 ft. 23.1 ft. (or 77%) (Porch) Minimum Front Yard Setback 30 ft. 15.7 ft. 14.3 ft (or 47.7%) (Garage) Min. Side Yard Setback 12 ft. 7.1 ft. 4.9 ft. (or 40.8%) Min. Total Side Yard Setback 30 ft. 22.1 ft. 7.9 ft. (or 26.3%) As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible to the applicant. The applicant desires to build additions to the existing principal structure in order to add living space on the first floor and add a second floor. In addition, the applicant would like to add an attached garage and replace the existing covered front entrance with a covered porch, in order to alleviate safety issues caused by the layout of the existing driveway and front entrance. Per the applicant, the applicant considered a number of potential designs options for the proposed additions but, due to the undersized proportions of the applicant’s lot, the benefits sought by the applicant are not able to be accomplished without the requested variances. 2. The applicant has demonstrated that granting these variances will not create an undesirable change in neighborhood character or detriment to nearby properties. Per the applicant, the proposed additions and reconstructed porch have been designed to be architecturally and aesthetically consistent with neighboring homes. In addition, the applicant notes that a number of neighboring homes have covered front porches and attached garages, similar to the applicant’s planned front porch and attached garage. The Board notes that the applicant’s efforts to reduce the size of the proposed additions (such as limiting the size of the garage to one car) will mitigate the impact on the neighboring properties. 3. The Board notes that the requested variances are substantial, however, the substantiality of these City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 7 of 9  variances is mitigated by the lack of adverse impact on the neighborhood as noted above. 4. These variances will not have a significant adverse physical or environmental effect on the neighborhood or district. Permeability will meet the district requirement. 5. The alleged difficulty is considered self-created insofar as the applicant desires to build the additions to the existing home. However, this is not necessarily fatal to the application. Conditions: 1. Accessory structures to be limited to 2.8% of total lot coverage. Gage Simpson seconded the motion. Keith Kaplan, Chair asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Chair, in favor; Brad Gallagher, Vice Chair, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor; Emily Bergmann, in favor; Terrace Gallogly, in favor MOTION PASSES: 7-0 6. #20210715 303 NELSON AVENUE, 303 Nelson Avenue, Area variance to renovate existing carriage house (garage) into an upper-level office and finished space with a half bathroom and no kitchen within the Urban Residential-3 (U- 3) District. Keith Kaplan, Chair, stated this is a previously opened application. The public hearing was opened and remains open. Agent: Josue Flores, JNF Construction & Design LLC Mr. Flores stated per the Board’s request we have removed the closet in the ½ bath. Survey information and all additional information has been provided to staff. A new set of plans have also been submitted. PUBLIC HEARING: Keith Kaplan, Chair, stated the public hearing was opened and remains open. Keith Kaplan, Chair, asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Chair, closed the public hearing at 7:53 P.M. Terrance Gallogly presented the following resolution. #20210715 IN THE MATTER OF THE APPEAL OF JENNY CLIFTON 303 NELSON AVENUE SARATOGA SPRINGS, NEW YORK 12866 from the determination of the Building Inspector involving the premises at 303 Nelson Avenue in the City of Saratoga Springs, New York being tax parcel number 166.45-1-11 on the Assessment Map of said City. City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 8 of 9 The applicant having applied for an area variance under the Zoning Ordinance of said City to seek relief to construct a second floor of an existing detached garage for use as habitable space in the Urban Residential – 3 (UR-3) District and public notice having been duly given of a hearing on said application held between September 13 and December 6, 2021. In consideration of the balance between benefit to the applicant with detriment to the health, safety, and welfare of the community, I move that the following area variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF DIMENSIONAL REQUESTED REQUIREMENT Habitable Space Not Permitted Permitted 100% Accessory Structure – Side Yard 5’ 1.6’ 3.4’ or 68% Setback (North) Accessory Structure – Side Yard 5’ 2.6’ 2.4’ or 48% Setback (East) As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The Board finds that the applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant seeks to add a second floor to an existing detached garage to utilize the space for office space, which would include a toilet and a sink. According to the applicant, the space will not be used for sleeping, cooking, or bathing. The applicant considered alternative options; however, those alternatives would not meet the needs of the applicant. Notably, there is no change to the current footprint of the detached garage. 2. The Board finds that the applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. According to the applicant, no changes will be made to the footprint of the detached garage. Moreover, the space will be utilized as an office and will not have any sleeping, cooking, or bathing facilities. 3. The Board finds the variance to be substantial. However, this is mitigated by the intended use of the space being limited to an office that does not have sleeping, cooking, or bathing facilities and will not change the current footprint of the existing garage. 4. This Board finds this variance will not have significant adverse physical or environmental effect on the neighborhood or district. The Board finds that the applicant has demonstrated the office will be constructed in the unfinished space on the second floor of the garage. 5. The alleged difficulty is self-created insofar as the applicant desires to construct an office in the unfinished space on the second floor of the existing garage, but this is not necessarily fatal to the application. Conditions: 1. No sleeping, cooking, or bathing facilities are permitted. Cherie Grey seconded the motion. Keith Kaplan, Chair asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Chair, in favor; Brad Gallagher, Vice Chair, in favor; Cherie Grey, opposed; Gage Simpson, in favor; Matthew Gutch, in favor; Emily Bergmann, in favor; Terrace Gallogly, in favor MOTION PASSES: 6-1 City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 9 of 9 APPROVAL OF MEETING MINUTES: Cherie Grey made a motion to approve the minutes of the November 1, 2021, Zoning Board of Appeals meeting as amended. Gage Simpson seconded the motion. Keith Kaplan, Chair, asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Chair, in favor; Brad Gallagher, Vice Chair, in favor; Cherie Grey, opposed; Gage Simpson, in favor; Matthew Gutch, in favor; Emily Bergmann, in favor; Terrace Gallogly, in favor MOTION PASSES: 7-0 MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Chairman adjourned the meeting at 8:00 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: February 9, 2022 City of Saratoga Springs - Zoning Board of Appeals – December 6, 2021 - Page 10 of 9