Zoning Board of Appeals

Catherine Conroy THE CITY OF Steven Strichman Chairperson Planning Commissioner Phone (518) 279-7152 Phone (518) 279-7166 Fax (518) 268-1690 Fax (518) 268-1690 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 at 6:00 P.M. on Tuesday, September 5, 2017, on the 5th Floor of 433 River Street, to act upon the following requests for approvals and appeals from decisions made by the Bureau of Code Enforcement of the City of Troy. ZB 2016-21 JHM, LLC requests an appeal of prior determination by a city official that the November 1, 2016 Use Variance approval granted to 520 Fifth Avenue remains valid. ZB 2017-41 Annul and rescind July 11, 2017 approvals for 1 Monument Square. SEQR Lead Agency determination. ZB 2017-48 Unity House of Troy, Inc. requests a Use Variance, and an Area Variance to allow for insufficient curb cuts and/or driveway access widths, for 304 Eighth Street, related to a proposal to create a parking lot for 2 two-unit residences on an adjacent parcel, in an R-2 zone. ZB 2017-49 Bob Bedard requests a Use Variance for 2238-2246 Twelfth Street (alternatively known as 2247 Thirteenth Street), related to a proposal to transform an 8- classroom daycare facility in the rear of a church school into creative studios for artists to produce art, and offer educational programs to the public, in a R2 zone. Additional information regarding the above listed actions is available in the Department of Planning and Community Development located on the 5th floor of Troy City Hall, 433 River Street, Troy, New York 12180. Telephone: 279-7152. E-mail: christine.hillary@troyny.gov Office hours are from 8:30 A.M. to 4:30 P.M. on weekdays. 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 Catherine Conroy, Chairperson Christine C. Hillary, Executive Secretary City Hall, 433 River Street, Troy, New York 12180 STAFF REPORT ZB 2017-48 ADDRESS: 304 Eighth Street (101.30-11-12) (R-2) APPLICANT: Unity House of Troy, Inc., 2431 Sixth Avenue, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2017-48 Unity House of Troy, Inc. requests a Use Variance, and an Area Variance to allow for insufficient curb cuts and/or driveway access widths, for 304 Eighth Street, related to a proposal to create a parking lot for 2 two-unit residences on an adjacent parcel, in an R-2 zone. Per Section § 285-53.B of the Zoning Ordinance, a parking lot is not an allowed primary use on a parcel in an R-2 zone. Per Section § 285-83.A.5 of the Zoning Ordinance, “Curb cuts and/or driveway access widths at property lines shall be at least 20 feet but no more than 46 feet wide”. The proposed parking lot will utilize a pre-existing 10 foot wide U-shaped driveway whose eastbound entrance has a pre- existing 10 foot wide curb cut, and whose westbound exit, which is on the neighboring parcel, has a pre-existing 10 foot wide curb cut. APPROVALS NEEDED: USE VARIANCE, AREA VARIANCE USE VARIANCE I move to approve/deny the Use Variance based on the following findings of fact: 1. The land, property, structure, or building in question can/cannot yield a reasonable economic return if used only for a purpose allowed in the zone, because _________________________________________________________________ 2. The need for the variance was / was not caused by the applicant, because ____________________________________________________________________________ 3. The use shall / shall not alter the essential character of the neighborhood, nor depreciate aesthetic or property values of the locality, because ____________________________________________________________________________ 4. The plight of the owner is / is not due to unique circumstances instead of the general conditions in the neighborhood, which may reflect the unreasonable uses of the zoning ordinance itself, because ______________________________________________________________________  AREA VARIANCE I move to approve/deny the Area Variance based on the following findings of fact: 1. An undesirable change will / will not be produced in the character of the neighborhood, or a detriment to nearby properties will / will not be created by the granting of the area variance, because ___________________________________________________________________ 2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because __________________________________________________________________________ 3. The requested area variance is / is not substantial, because __________________________________________________________________________ 4. The proposed variance will / will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, because ___________________________________________________________________________ 5. The alleged difficulty was / was not self-created, because ___________________________________________________________________________ (Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.) SEQRA: Staff recommends that the Board find this proposal to be a TYPE II action.  City of Troy Application for Use Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, Robert Bedard, the owner of the property located at, 2238-2245 12th Street, Tax map number, Sec. 201.39 Block 9 Lot 1, Hereby petition the Board of Zoning Appeals of the City of Troy to grant a variation of the Zoning Code Section(s)285-53.B, to allow the following as described below or shown on the accompanying drawings which have been denied by the Building Inspector, as specified on the attached Notice of Noncompliance (attach additional sheets as necessary to address any of the following sections). 1. Describe your application as proposed: Utilize the school building containing 8 classrooms as creative and educational studios for artists, craftspeople, software developers and/or educators. This use will not require any modification of the interior or the exterior of the building or any of its facilities. The facility will be used to host community events and educational opportunities. These will lead to improvements of the overall neighborhood and the greater Troy community. We have found a significant level of interest from parties interested in relocating to Troy from surrounding areas including Albany and Saratoga. 2. Demonstrate to the Board of Zoning Appeals that for every use permitted by the Zoning Code under the regulations for that district in which the property is located that the property cannot yield a reasonable return, and provide financial evidence to prove this conclusion. Currently, the property is in a R2 zone. Allowed uses include single family homes, 2 family housing, and home occupations. Special permits are granted for churches and non-public elementary and secondary schools, congregate/community living and rooming house. Creative and educational studios could be considered a home-occupation use or non-public school. All other allowed uses would incur significant investment to convert the current building. Also, the uses proposed are the same type of uses the building was designed for, and the same uses it was most recently occupied as. 3. Explain how the alleged hardship relating to your property is unique when you compare it to similar properties and does not apply to a substantial portion of the neighborhood: The neighborhood consists primarily of two family homes, a fraternity, a decommissioned church and unused rectory. The school building was used as a childcare facility for 10 years Page 1 of 2  prior to being sold last fall. The school is the only one of its kind in the neighborhood. 4. Explain why the character of the neighborhood will not be altered if this use variance is granted: The proposed use does not alter the exterior of the building at all. It will be a very low volume use, therefore have less of an impact on traffic and parking than previous uses and it offers the opportunity to engage the community in the activities, therefore making it a community asset. 5. Explain how the hardship relating to the use of the property arose and why the hardship was not self-created (Purchasing property without checking to see if the existing or proposed use is legal under zoning is a self-created hardship): Prior to purchasing the property, the City gave preliminary approval for use as a childcare facility. After purchase, the only interested childcare provider could not use the entire space and they could not afford to rent the entire building. Date: 8/22/2017 Signed: 36 Belle Ave Address: Troy, NY City: 203-948-3450 Phone: bbedard@defactoglobal.com Email: Page 2 of 2 STAFF REPORT ZB 2017-49 ADDRESS: 2238-2246 Twelfth Street (alternatively known as 2247 Thirteenth Street) (101.39-9-1) (R2) APPLICANT: Bob Bedard, 36 Belle Avenue, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2017-49 Bob Bedard requests a Use Variance for 2238-2246 Twelfth Street (alternatively known as 2247 Thirteenth Street), related to a proposal to transform an 8- classroom daycare facility in the rear of a church school into creative studios for artists to produce art, and offer educational programs to the public, in a R2 zone. Per Section § 285-53.B of the Zoning Ordinance, the proposed usage is not listed as an allowed use in an R2 zone. APPROVALS NEEDED: USE VARIANCE USE VARIANCE I move to approve/deny the Use Variance based on the following findings of fact: 1. The land, property, structure, or building in question can/cannot yield a reasonable economic return if used only for a purpose allowed in the zone, because _________________________________________________________________ 2. The need for the variance was / was not caused by the applicant, because ____________________________________________________________________________ 3. The use shall / shall not alter the essential character of the neighborhood, nor depreciate aesthetic or property values of the locality, because ____________________________________________________________________________ 4. The plight of the owner is / is not due to unique circumstances instead of the general conditions in the neighborhood, which may reflect the unreasonable uses of the zoning ordinance itself, because ______________________________________________________________________ SEQRA: Staff recommends that the Board find this proposal to be a TYPE II ACTION.