Zoning Board of Appeals

THE CITY OF Jay Vandenburgh William Dunne Chairperson Commissioner Phone (518) 279-7168 Phone (518) 279-7166 Fax (518) 270-4642 Fax (518) 270-4609 Zoning Board of Appeals NOTICE OF PUBLIC HEARING Notice is hereby given that the Zoning Board of Appeals of the City of Troy, New York will conduct a REGULAR PUBLIC HEARING starting at 6:00 P.M. on Tuesday February 5, 2013 in the 5th Floor Planning Department Hearing Room of the The Hedley Building, to act upon the following requests for approvals and appeals from decisions made by the Bureau of Code Enforcement of said City of Troy. Use Variance ZB2013-001 Use Variance to allow for a nonconforming use related to a proposal to occupy a vacant church as a fraternity at 82 Third Street, a B-4 Zone, ID101.53-14-8. Applicant is Redmond Griffin, 22 1st Street, Troy, NY 12180. Additional information regarding the above listed actions is available in the Department of Planning and Community Development located on the Second floor Troy City Hall, 1776 Sixth Avenue, Troy, New York 12180. Telephone: 279-7168. Office Hours are from 8:30 A.M. to 4:30 P.M. weekdays. Any persons having any interest in the above listed matters will be heard at said time and place. As required by Americans with Disabilities Act, auxiliary aids and services are available upon request. Please give one-week advance notice for services needed. City of Troy Zoning Board of Appeals Jay Vandenburgh, Chairperson Andrew Petersen, Executive Secretary City Hall, 433 River Street, Troy, New York 12180 February Zoning Packet 1 STAFF REPORT ZB2013-001 APPLICANT: Redmond Griffin PROJECT DESCRIPTION: ZB2013-001 Use Variance to allow for a nonconforming use related to a proposal to occupy a vacant church as a fraternity at 82 Third Street, a B-4 Zone, ID 101.53-14-8. Applicant is Redmond Griffin, 22 1st Street, Troy, NY 12180. Per Section 285-61 of the Zoning Ordinance the use fraternity is not an allowed use. A use variance is required to occupy the space as a fraternity. PLANNING BOARD HISTORY: Approved as charter school May 2008 PRIOR ZONING BOARD HISTORY: REQUEST: Use Variance to allow for a non conforming use (fraternity) Use Variance Authorization by the Z.B.A. that allows a specified use in a zone district including restricted locations on the lot or within the structure in which the specified use is not allowed by this ordinance. In order to qualify for a use variance, an appellant must provide evidence for the record that a legal hardship would occur in the absence of such use variance. The Z.B.A. shall not grant a use Variance unless the applicant provides conclusive evidence to prove: 1. That the land, property, structure or building in question cannot yield a reasonable economic return if used only for a purpose allowed in the zone; and 2. That the need for the variance was not caused by the applicant; and 3. That the use to be authorized by the variance shall not alter the essential character of the neighborhood, nor depreciate aesthetic or property values of the locality; and 4. That the plight of the owner is due to unique circumstances & not to the general conditions in the neighborhood, which may reflect the unreasonable uses of the zoning ordinance itself. Based on the information provided by the applicant there are no other zoning deficiencies or violations. APPROVALS NEEDED: Use Variance to allow for a fraternity SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. No local agencies are involved and no State or Federal agencies are involved. February Zoning Packet 2 February Zoning Packet 3