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 August 5, 2014 in the 5th Floor Planning Department Hearing Room of 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. Additional information regarding the above listed actions is available in the Department of Planning and Community Development located on the Fifth floor Troy City Hall, 433 River Street, 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. ZB2014-016 Use Variance to allow for the expansion of a nonconforming use related to a proposal to convert a 3 unit building into a 4 unit building located at 541 3rd Ave, an R-1 Zone, ID80.55-6-10. Applicant is Simon Balint, 493 6th Ave, Troy NY 12182. ZB2014-020 Major Area variance to allow for a parking deficiency related to a proposal to occupy a vacant factory building with 67 apartments at 599 River Street, a HWD Zone, ID 101.22-1-4. Applicant is Dave Sadowsky for Community Builders, 97 Maxon Road, Petersburgh, NY 12138. 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 STAFF REPORT ZB2014-016 APPLICANT: Simon Balint PROJECT DESCRIPTION: Zb2014-016 Use Variance to allow for the expansion of a nonconforming use related to a proposal to convert a 3 unit building (2 residential / 1 commercial) into a 4 unit residential building located at 541 3rd Ave, an R-1 Zone, ID80.55-6-10. Applicant is Simon Balint, 493 6th Ave, Troy NY 12182. Per Section 285-59 of the Zoning Ordinance, the “USE’ multi family is not allowed in the R-1 Zone. Currently a dental office and residential units make up the building. The applicant proposes to occupy the space with 4 units. The applicant will require a USE VARIANCE to expand a nonconforming use in the R-1 REQUEST: Use Variance to allow for the expansion of a nonconforming use 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 the expansion of a nonconforming use in the R-1 Zone. 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.  EXISTING REAR EXISTING RESIDENCE ENTRANCE REAR ENTRANCE PAGE 1 OF 5 EXISTING CURB CUT FORMER DENTAL OFFICE MAIN EXISTING ENTRANCE CARRAIGE HOUSE EXISTING WOOD FENCE PROPSED WALKWAY 124'-0" EXISTING RESIDENCE 3rd Avenue ENTRANCE ALLEYWAY PROPOSED IMPROVED PARKING AREA EXISTING DRIVEWAY W/ PARKING ON GRASS EXISTING WROUGHT IRON FENCE 8'-0" FIRE HYDRANT 16'-0" 140'-0" th 541 3rd Avenue EXISTING CURB CUT 114 Street Scale: 3/64" = 1'-0" Troy, NY 12182 PROPOSED FOUR APARTMENTS - SITE PLAN ONE AND TWO BEDROOM