Zoning Board of Appeals

Catherine Conroy THE CITY OF Steven Strichman Chairperson Commissioner of Planning 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, June 5, 2018 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 2018-17 Lambda Alpha Epsilon, Inc. (aka Sigma Alpha Epsilon Fraternity) seeks a Special Use Permit for expansion of nonconforming use, as well as an Area Variance for setback deficiency between principal building and accessory building, related to a proposal to add a 4500 square foot addition (and 3 parking spaces) to a fraternity house, at 12 Myrtle Avenue (ID 112.49-4-5) in an R-2 zone. ZB 2018-20 Naif Alolafi seeks a Use Variance related to a proposal to convert a deli into a smoke shop at 93-95 Congress Street (ID 101.61-1-4.2) in a B-4 zone. ZB 2018-22 Kathleen Kennedy seeks a Special Use Permit to change the first floor of a 3-story building, from a commercial usage to an extension of an existing residence on the 2nd and 3rd floors, at 60 Second Street (ID 101.53-13-16) in the B-4 zone. ZB 2018-23 IEM (International Electronic Machines Corporation) seeks a Special Use Permit related to a proposal to create an additional parking lot for nearby 850 River Street at 3251-3261 Sixth Avenue (90.62-3-2, 90.62-3-3, 90.54-3-7, 90.54-3-8) in a R-4 zone. ZB 2018-24 D&C Troy Properties, LLC seeks a Use Variance, and Area Variances for lot area deficiency, excessive density, and parking deficiency, related to a proposal to convert the (walk-out) basement of a 2-unit residence into a 3rd residential unit, at 3 Winslow Avenue (ID 111.60-9-20), in a R-2 zone. ZB 2018-25 Fourth Street Development, LLC seeks Area Variances for excessive density and a rear setback deficiency related to a proposal to demolish a building at 130-142 Fourth Street, and construct a 5-story mixed-use commercial/residential building with approximately 50 parking spaces, on the combined parcels of 130-142 Fourth Street (ID 101.61-7-2) and 144-146 Fourth Street (ID 101.61-7- 22) in the B-4 zone. ZB 2018-27 and ZB 2017-28 TRIP (Troy Rehabilitation and Improvement Program) seeks Area Variances for lot area deficiency, front setback deficiency, excessive density, and parking deficiency, related to a proposal to merge 2 lots, demolish a 2-unit residence, and build a new 2-unit residence at 441 Tenth Street (ID 90.79-5-20) and 443 Tenth Street (90.79-5-19) in a R-2 zone. City Hall, 433 River Street, Troy, New York 12180 ZB 2018-29 TRIP seeks Area Variances for front setback deficiency and parking deficiency, related to a proposal to construct a new 2-unit residence on a vacant lot, at 449 Tenth Street (ID 90.79-5-16) in an R-2 zone. ZB 2018-30 TRIP seeks a Special Use Permit, and Area Variances for lot area deficiency, lot width deficiency, building length deficiency, front setback deficiency, rear setback deficiency, and parking deficiency, related to a proposal to demolish a dilapidated 4-unit residence, and replace it with a new 2- unit residence, at 61-63 Ingalls Avenue (ID 90.71-2-14) in a B-5 zone. ZB 2018-31 TRIP seeks a Use Variance, as well as Area Variances for lot area deficiency, front setback deficiency, excessive density, and parking deficiency, related to a proposal to demolish a 3-car garage, and add two more 2-unit residences to an existing 2-unit residence, at 332 Ninth Street (ID 90.79-5-43) in a R-2 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  City of Troy, New York Application for Special Use Permit for Chapter 285 (Zoning Code) I, Lambda Alpha Epsilon, Inc, the owner of the property located at 12 Myrtle Ave, Troy NY 12180, Tax Map ID number 112.49-4-5, hereby petition the Zoning Board of the City of Troy to grant a Special Use Permit pertaining to Zoning Code Section(s) 285-67.D, to allow the following as described below or shown on the accompanying documents. If the space below the following questions is insufficient to adequately answer any of the questions, please feel free to use additional sheets of paper. 1. Describe your application as proposed: A proposed two (2) story addition that will increase educational space, reconfigure kitchen and dining areas, provide ADA compliant and accessible bedrooms and a bathroom, and slightly increase the overall bed count by 9 beds. Additional parking spaces will be provided to accommodate the additional beds 2. Explain why you believe that your project will not create substantial injury to the value of the surrounding property values: The proposed addition will be constructed in a way to match the existing building’s character and aesthetic. Also, the proposed addition is sited toward the rear of the property to keep a consistent appearance. 2. Explain why you believe that your project meets the landscaping and screening criteria established for Special Use Permits, if applicable: The proposed addition will be landscaped similar to the rest of the property and will screen the “backyard” functions from the street and neighbors. 4. Explain why you believe that your project will not impair the public health, safety, convenience, aesthetics, or environmental quality of the surrounding neighborhood: The proposed addition will match the existing aesthetic of the neighborhood and is not anticipated to create additional vehicular or pedestrian traffic. Signature: ____________________________________________________________________ Print Name: D. Vanderhoef Chairman , Lambda Alpha Epsilon, Inc Address: 12 Myrtle Ave, Troy, NY 12180 Phone: (518) 302-1856 E-mail: LAE.Chairman@Gmail.com  City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, Lambda Alpha Epsilon, Inc. the owner of the property located at,12 Myrtle Ave Troy NY 12180 Tax map number, Sec.112.49 Block 4 Lot 5, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s) 285-70.J.1.a , 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: A Two (2) story Addition is proposed that is 9 ft 4 in from an existing accessory equipment and tool shed on the rear of the property 2. Explain why you believe that your variance request will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties if it is granted: There will be no impact to the character of the neighborhood or surrounding properties as the existing shed is at the rear of the property. The proposed addition will add aesthetic character to the neighborhood while screening the existing shed from the street. 3. Can the benefit you seek by virtue of this variance application be achieved by revising your proposal? If not, explain why there are no other alternatives. The existing shed can be moved as it is not on permanent footings but its current location would conceal it best with the proposed addition. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. The proposed variance is not substantial because the existing shed is at the rear of the property and there is adequate clearance to all structures. 5. Explain why you believe the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. There is no adverse effect to the neighborhood as the proposed addition matches the existing architecture, will add to the aesthetic character of the neighborhood, abate sound, And the existing shed would be concealed at the rear of the property. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” The proposed location of the addition takes priority over the existing location of the shed because the shed is a small accessory storage space. Date: 24 April 2018 Signed: Chairman, LAE Inc. 12 Myrtle Ave Address: Troy City: 12180 Zip Code: (518) 302-1856 Phone: LAE.Chairman@Gmail.com Email: Form 20060814 Page 2 of 2 STAFF REPORT ZB 2018-17 ADDRESS: 12 Myrtle Avenue (ID 112.49-4-5) (R-2) APPLICANT: Lambda Alpha Epsilon, Inc. (aka Sigma Alpha Epsilon Fraternity), 12 Myrtle Avenue, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2018-17 Lambda Alpha Epsilon, Inc. (aka Sigma Alpha Epsilon Fraternity) seeks a Special Use Permit for expansion of nonconforming use, as well as an Area Variance for setback deficiency between principal building and accessory building, related to a proposal to add a 4500 square foot addition (and 3 parking spaces) to a fraternity house, at 12 Myrtle Avenue (ID 112.49-4-5) in an R-2 zone. APPROVALS NEEDED: 1) Special Use Permit for expansion of nonconforming use:  Per Section § 285-67.D of the Zoning Ordinance: “The enlargement of a nonconforming use requires a special use permit in all zones except R-1 and P, in which no nonconforming use enlargements shall be allowed.” 2) Area Variance for setback deficiency between principal building and accessory building:  Per Section § 285-70.J.1.a of the Zoning Ordinance: “A minimum distance of 12 feet (must) be maintained between the principal building and the accessory building.  The proposed expansion will be 9’4” at its narrowest distance from a small shed that is already on the property. SPECIAL USE PERMIT I move to approve/deny the Special Use Permit based on the following findings of fact: 1. The proposed project will / will not cause substantial injury to the value of the surrounding property values, because ______________________________________________________. 2. The applicant does / does not meet the landscaping and screening criteria established for Special Use Permits, because __________________________________________________. 3. The Special Use Permit is / is not expected to impair the public health, safety, convenience, aesthetic quality, or environmental quality of the surrounding neighborhood, 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 2 action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact) STAFF REPORT ZB 2018-20 ADDRESS: 93-95 Congress Street (ID 101.61-1-4.2) (B-4) APPLICANT: Naif Alolafi, 32 North Swan Street, Albany, NY 12210 PROJECT DESCRIPTION: ZB 2018-20 Naif Alolafi seeks a Use Variance to convert a deli into a smoke shop at 93-95 Congress Street (ID 101.61-1-4.2) in a B-4 zone. APPROVALS NEEDED: 1) Use Variance:  Per Sections § 285-61.B and § 285-61.C of the Zoning Ordinance: A “smoke shop” is neither explicitly an Allowed Use, nor explicitly a Special Permit Use, nor explicitly forbidden, anywhere in Troy. Therefore, by default it is a forbidden use. 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 an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2018-22 ADDRESS: 60 Second Street (ID 101.53-13-16) (B-4) APPLICANT: Kathleen Kennedy, 60 Second Street, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2018-22 Kathleen Kennedy seeks a Special Use Permit to change the first floor of a 3- story building, from a commercial usage to an extension of an existing residence on the 2nd and 3rd floors, at 60 Second Street (ID 101.53-13-16) in the B-4 zone. The applicant lives on the second and third floors of 60 Second Street, and has operated Indigo Botanicals natural-products beauty spa for several years on the first floor. She is closing Indigo Botanicals, and wishes to convert the first floor into an extension of her residence. APPROVALS NEEDED: Special Use Permit Per Sections § 285-58.C, § 285-59.C, § 285-60.C, and § 285-61.C of the Zoning Ordinance: Residences below the second floor of the principal structure on a lot in a B-4 zone require a Special Use Permit. SPECIAL USE PERMIT I move to approve/deny the Special Use Permit based on the following findings of fact: 1. The proposed project will / will not cause substantial injury to the value of the surrounding property values, because ______________________________________________________. 2. The applicant does / does not meet the landscaping and screening criteria established for Special Use Permits, because __________________________________________________. 3. The Special Use Permit is / is not expected to impair the public health, safety, convenience, aesthetic quality, or environmental quality of the surrounding neighborhood, because ____________________________________________________________________. SEQRA: Staff recommends that the Board find this proposal to be a TYPE 2 ACTION with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact.  City of Troy Application for Special Use Permit pertaining to Chapter 285: Zoning Code SPECIAL USE PERMIT Because of their unique characteristics, some uses must be considered on an individual basis. Such "Special Uses" may be permitted only upon authorization by the Z.B.A. subject to certain conditions & safeguards. Such Special Uses shall comply with the provisions of this section (3.305-B). The Z.B.A. can approve the Special Use Permit if the applicant can demonstrate compliance with the standards of 3.305, B, 1, 2 & 3. B1. No substantial injury to the value of the surrounding property values. B2. Applicant does meet the landscaping and screening criteria established for Special Use Permits. B3. The Special Use Permit is not expected to impair the public health, safety, convenience, aesthetic, or environmental quality of the surrounding neighborhood. TO THE BOARD OF ZONING APPEALS: I, ______Zack Mian____________________________________, the owner / tenant / proposed owner / proposed tenant / developer / other (_________________________________________) of the property located at _3251, 3253, 3257 & 3261 Sixth Ave., Troy, N.Y. 12180__________, Tax Map ID _90.62-3-3, 90.62-3-2, 90.54-3-8 & 90.54-3-7 respectively, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s) 285-76 & 285.83 _______________________________________________, to allow the following as described below or shown on the accompanying drawings which have been denied by the Code Enforcement Director, as specified on the attached Notice of Noncompliance (attach additional sheets as necessary to address any of the following sections). Form 20060814 Page 1 of 2 B0. Describe your application as proposed: We propose to cut a curb section into the lots, clear the lots, pave for parking, fence the lot and add greenspace. B1. Explain why you believe that your project will not create substantial injury to the value of the surrounding property values: The lots are currently just vacant strips of land. We will be improving and performing upkeep on the land. The lots will be used a minimum of 5 days a week, the fencing will keep debris from landing in the lots. B2. Explain why you believe that your project meets the landscaping and screening criteria established for Special Use Permits: We have submitted a site plan drawn up by TAP, Inc. B3. Explain why you believe that your project will not impair the public health, safety, convenience, aesthetics, or environmental quality of the surrounding neighborhood: It is our belief that the proposed changes can only be an improvement. The creation of the additional parking spaces could also lead to increased employment by IEM. Form 20060814 Page 2 of 2 STAFF REPORT ZB 2018-23 ADDRESS: 3251 Sixth Avenue (ID 90.62-3-3) (R-4) APPLICANT: IEM (International Electronic Machines Corporation), 848-850 River Street, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2018-23 IEM (International Electronic Machines Corporation) seeks a Special Use Permit related to a proposal to create an additional parking lot for nearby 850 River Street at 3251 Sixth Avenue (ID 90.62-3-3) in a R-4 zone. The applicant has merged 4 adjacent vacant parcels (formerly houses that burned down in a fire), and plans to turn them into a parking lot for nearby IEM (International Electronic Machines Corporation) at 848-850 River Street. The 4 parcels are: 3251 Sixth Avenue (90.62-3-3), 3253 Sixth Avenue (90.62-3-2), 3257 Sixth Avenue (90.54-3-8), and 3261 Sixth Avenue (90.54-3-7). This parking lot will be diagonally adjacent to the lot which it intends to serve; the two lots are connected (for both pedestrians and vehicles) at the southeast corner of 848-850 River Street and the northwest corner of 3251-3261 River Street. IEM also owns 844 River Street, which is directly south of 848-850 River Street and directly west of 3251-3261 River Street. The three parcels constitute an internally contiguous “L” shape. APPROVALS NEEDED: Special Use Permit Per Section § 285-81.B.3 of the Zoning Ordinance: All or part of the required off-street parking spaces may be provided for one or two uses on any lot within 300 feet of the use(s) to be served, such distances to be measured as a path which is available for the access of employees/residents and patrons taken from the primary entrance of the principal use(s) to the nearest pedestrian entrance to the parking area, provided that satisfactory assurances of continuation are provided as part of the hearing record during required site plan review. In such cases, a special use permit is also required only if said lot is in an R-3 or R-4 Zone.  SPECIAL USE PERMIT I move to approve/deny the Special Use Permit based on the following findings of fact: 1. The proposed project will / will not cause substantial injury to the value of the surrounding property values, because ______________________________________________________. 2. The applicant does / does not meet the landscaping and screening criteria established for Special Use Permits, because __________________________________________________. 3. The Special Use Permit is / is not expected to impair the public health, safety, convenience, aesthetic quality, or environmental quality of the surrounding neighborhood, because ____________________________________________________________________. 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. STAFF REPORT ZB 2018-24 ADDRESS: 3 Winslow Avenue (ID 111.60-9-20) (R-2) APPLICANT: Paul M. DiMascio, D&C Troy Properties, LLC, 2 Oakwood Drive, East Greenbush, NY 12061 PROJECT DESCRIPTION: ZB 2018-24 D&C Troy Properties, LLC seeks a Use Variance, and Area Variances for lot area deficiency, excessive density, and parking deficiency, related to a proposal to convert the (walk-out) basement of a 2-unit residence into a 3rd residential unit, at 3 Winslow Avenue (ID 111.60-9-20), in a R-2 zone. APPROVALS NEEDED:  Use Variance for a 3-unit residence in a R-2 zone: o Per Sections § 285-53.B and § 285-53.C of the Zoning Ordinance: Lots with more than 3 residences are neither an allowed nor a special permit use in an R-2 zone. o Per Section § 285-12 of the Zoning Ordinance: A 3-unit residence is classifiable as a “Multifamily, Medium-Rise, Multiplex” (a dwelling between 40-90 feet, used solely as a dwelling and which contains at least 3 dwelling units).  Area Variance for lot area deficiency: o If this building is divided into 3 units, it will have a lot size of (3600 square feet / 3 units =) 1200 square feet per unit. o Per Section § 285-53.D.1.a of the Zoning Ordinance: The minimum required lot area for a single-family detached residence in an R-2 zone is 5800 square feet. o Per Section § 285-53.D.1.b of the Zoning Ordinance: The minimum required lot area for a two-family residence in an R-2 zone is 3500 square feet per unit. o Although this is neither a single-family detached nor a two-family use, I am applying the two-family criteria, because it is the closest use to what this project is. The proposed usage definitely does not meet the criteria in any case.  Area Variance for excessive density: o If this building is divided into 3 units, it will have a density of (3 units / 0.08 acres =) 37.5 units per acre. o Per Section § 285-53.D.5.a of the Zoning Ordinance: The maximum required density for a single-family detached residence in an R-2 zone is 7.5 units per acre. o Per Section § 285-53.D.5.b of the Zoning Ordinance: The maximum required density for a two-family residence in an R-2 zone is 12 units per acre.  o Although this is neither a single-family detached nor a two-family use, I am applying the two-family criteria, because it is the closest use to what this project is. The proposed usage definitely does not meet the criteria in any case.  Area Variance for parking deficiency: o This building has and will continue to have no off-street parking units, regardless of its density. o Per Section § 285-53.E.1, a single-family detached residence in an R-2 zone has a minimum parking requirement of 2 off-street parking spaces per unit. o Per Section § 285-53.E.2, a two-family residence in an R-2 zone has a minimum parking requirement of 2 off-street parking spaces per unit. o Per Section § 285-53.E.3, a home occupation in an R-2 zone has a minimum parking requirement of 2 off-street parking spaces per unit. o Per Section § 285-53.E.4, all other uses in an R-2 zone are referred to § 285-91, which offers no requirement for residences of more than 2 units. o Therefore, I am applying the default general requirement of 2 off-street parking spaces per unit, which for 3 units would equal 6 total off-street parking spaces. o In this case, the project would be deficient by 6 off-street parking spaces. 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 an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact.  The City of Troy Application For Permit Location of Work: 134 4th Street, 161 4th Street, 163 4th Street, 86 Ferry Street Property Owner: Rosenblum Corporation Development Address: 300 Great Oaks Blvd., Suite 310 Albany, NY 12203 Phone: 518-869-9302 Contractor: TBD Address: Phone: Tenant: Address: Phone: X New Building Description Of Work: Building Addition Alterations Redevelopment of the former Key Bank site at 134 4th Street for a Repairs mixed residential and commercial building. Demolition of building at Siding 163 4th Street and reconfiguration of parking area at 161 4th Roofing Street, 163 4th Street and 86 Ferry Street. Sign Current Use: Vacant X Sitework Miscellaneous Excavation Proposed Use: Commercial/Residential Construction Trades Construction Cost Contractors Information X General X Plumbing X Electrical X HVAC X Demolition X Excavation Other Total: I hereby make application for issuance of a permit for work described above. I agree that no person will be employed without providing workers compensation and disability benefits law coverage, as required by state law, and that all applicable ordinances of the City shall be complied with. I declare. Subject to penalty of perjury that statements made herein are true and correct to the best of my knowledge. OWNER APPLICANT’S SIGNATURE . CONTRACTOR APPLICANT’S NAME (PRINT) Jeffrey Mirel, EVP . OTHER APPLICANT’S EMAIL jmirel@rosenblumcompanies.com . . DATE 2/8/18 . Buildingpermits@troyny.gov (518-687-1140) The City of Troy, NY Code Enforcement Forms 01/15  Congress Street Mixed Use Building 134 Fourth Street, Troy, New York Project Information Owner/Developer: Fourth Street Troy, LLC 300 Great Oaks Blvd / Suite 310, Albany, NY 12203 Architect: Balzer + Tuck Architecture PLLC Brett W. Balzer, AIA LEED AP, Partner Zone: B4 (Central Commercial District) Project Address: 134 Fourth Street, Troy, NY Tax Map No.: Section 101.61, Block 7, Lot 2 Section 101.61, Block 7, Lot 22 Project Description: The project includes the demolition of the existing +/-3,370 SF one- story building and construction a new +/-92,920 SF five-story mixed- use building. The new building will have a footprint of +/-18,630 SF and frontage on both Fourth Street and Congress Street. The building will consist of +/- 2,300 SF of commercial space, a parking garage with approximately (30) spaces, and tenant amenity spaces. There will be two tenant entry points on the first floor, one located on Fourth Street and one located on Congress Street. The second through fifth floors will contain an estimated total of (80) residential units, with a mix of studio, 1-BR and 2-BR units. There will be a combination of terraces and Juliet balconies on both the Fourth Street and Congress Street sides of the building, as well as to the interior of the site. The building will be constructed using "podium style" construction, in which the first floor is non-combustible construction using steel columns and beams supporting a composite concrete second floor deck and metal stud walls, while the upper floors are constructed using wood stud walls and wood floor/roof trusses. The combustible upper stories are separated from the non-combustible first floor with a 3-hour fire- rated assembly at the second floor level. The Fourth Street and Congress Street elevations will be clad in masonry/brick and fiber cement panels of different color and shape, while the south and east elevations will be clad in fiber cement panels and siding. All storefront in the addition will be aluminum and all windows will be vinyl. Prepared by: BALZER & TUCK Arc h i te c t ur e 468 Broadway Saratoga Springs NY 12866 | p 518.580.8818 | www.balzertuck.com  Congress Street Mixed Use Building 134 Fourth Street, Troy, New York The proposed building’s massing has been broken down into four distinct forms that relate to the proportions of the buildings in the immediate context of the site. The forms are connected by recessed balconies, which help define the forms and tie the building together. The first floor is a masonry/brick base, connecting the materials of the new building to those of its context. The fifth floor is stepped back slightly and clad in a light color fiber cement panel to visually fade to the background. The use of individual punched openings and larger groupings of windows relates back to the fenestration patterns found within the context of the neighborhood, which include punched openings and multistory bay windows. This massing approach reduces the perceived length and height of the proposed building and creates a similar street-level rhythm found throughout the neighborhood. Prepared by: BALZER & TUCK Arc h i te c t ur e 468 Broadway Saratoga Springs NY 12866 | p 518.580.8818 | www.balzertuck.com 1 2 3 4 5 Existing Conditions Photographs Congress Street Mixed Use BTA PROJECT NO: 1801 05.11.2018 TROY, NY  SITE LEGEND: N ONE WAY W ST Seal: USE OF ARCHITECTS DOCUMENTS: THESE DOCUMENTS PREPARED BY THE ARCHITECT ARE INSTRUMENTS OF SERVICE FOR USE SOLELY WITH RESPECT TO THIS U.S. ROUTE 4 PROJECT, AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. THE ARCHITECT SHALL 4TH STREET RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS INCLUDING THE COPYRIGHT(S). THE OWNER SHALL NOT REUSE OR PERMIT THE REUSE OF THESE DOCUMENTS INCLUDING ANY DESIGN & CONSTRUCTION DEVELOPMENT, CHANGES OR ALTERATIONS TO THESE DOCUMENTS, WITHOUT THE WRITTEN ACKNOWLEDGEMENT AND AUTHORIZATION OF THE ARCHITECT 25 TAX MAP INFORMATION: 468 BROADWAY SARATOGA SPRINGS, NY 12866 14 518.580.8818 ZONING INFORMATION: DEVELOPER : ROSENBLUM DEVELOPMENT CORPORATION 300 GREAT OAKS BLVD / SUITE 310 ALBANY, NY 12203 518.869.9302 RECORD OWNER: Proud to be Employee Owned Engineers Land Surveyors Planners Environmental & Safety Professionals Landscape Architects Consultant Logo SITE STATISTICS: SITE / CIVIL ENGINEER : THE CHAZEN COMPANIES 547 RIVER STREET TROY, NY 12180 518.266.7323 2 11 DEVELOPMENT SUMMARY: NEW YORK STATE ROUTE 2 ONE WAY 8 4TH STREET TROY, LLC CONGRESS STREET 134 4TH STREET, TROY, NEW YORK No. Description Date 5 BULK TABLE: 9 CENTRAL COMMERCIAL ZONING DISTRICT: B4 ZONING REQUIREMENTS: PROGRESS: SCHEMATIC DESIGN CONSTRUCTION DESIGN DEVELOPMENT DOCUMENTS Project Number 31814.00 Drawn by TCC WILLIAMS STREET ALLEY Checked by WK ONE WAY Date 05.11.18 SITE PLAN Dig Safely. New York Call Before You Dig Wait The Required Time Confirm Utility Response Respect The Marks C130 Dig With Care 0 5 10 20 FT 800-962-7962 www.digsafelynewyork.com ISSUED FOR PLANNING BOARD REVIEW - NOT FOR CONSTRUCTION SCALE: 1"=10'-0"  FIBER CEMENT PANELS FIBER GLASS WINDOWS FIBER CEMENT PANELS METAL RAILING METAL RAILING FIBER CEMENT PANELS STEEL FRAMED BALCONY FOURTH FLOOR 47' - 8 5/8" 11' - 3 3/8" FOURTH FLOOR 63' - 5" (TOP OF WALL) 36' - 5 1/4" 11' - 3 3/8" THIRD FLOOR 25' - 1 7/8" 11' - 1 7/8" SECOND FLOOR 14' - 0" 15' - 8" GRADE -1' - 8" CONGRESS ST. COMMERCIAL TENANT ENTRIES BRICK VENEER RESIDENT ENTRANCE BUILDING SIGNAGE BRICK VENEER WATERTABLE COMMERCIAL TENANT ENTRIES ALUMINUM STOREFRONT SYSTEM Proposed East Elevation Congress Street Mixed Use BTA PROJECT NO: 1801 05.11.2018 TROY, NY 0'1'2' 4'  STEEL FRAMED RECESSED BALCONY FIBER CEMENT PANELS FIBER GLASS WINDOWS METAL RAILING METAL RAILING ELEVATOR/STAIR FIBER CEMENT PANELS STEEL FRAMED BALCONY STEEL FRAMED BALCONY ROOF ACCESS FOURTH FLOOR 47' - 8 5/8" 11' - 3 3/8" FOURTH FLOOR 63' - 5" (TOP OF WALL) 36' - 5 1/4" 11' - 3 3/8" THIRD FLOOR 25' - 1 7/8" 11' - 1 7/8" SECOND FLOOR 14' - 0" 15' - 8" GRADE -1' - 8" WILLIAMS STREET RESIDENT ENTRANCE BRICK VENEER 4th STREET METAL CANOPY BRICK VENEER WATERTABLE ALUMINUM STOREFRONT SYSTEM Proposed North Elevation Congress Street Mixed Use BTA PROJECT NO: 1801 05.11.2018 TROY, NY 0'1'2' 4' Perspective View along 4th Street Congress Street Mixed Use BTA PROJECT NO: 1801 05.11.2018 TROY, NY  City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, Jeff Mirel, on behalf of Fourth ________________________________________ Street Redevelopment, LLC, the owner of the property located at, 134 4th Street __________________________, Tax map number, Sec. ______ 101.61Block_____ 7 Lot 2 & 22hereby _____, petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code 285-61.D.(5)(b) and 285-61.D.(3) Section(s)_________________________________________, 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: See attached 2. Explain why you believe that your variance request will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties if it is granted: See attached 3. Can the benefit you seek by virtue of this variance application be achieved by revising your proposal? If not, explain why there are no other alternatives. See attached Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. See attached 5. Explain why you believe the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. See attached 6. Explain why you believe the difficulty that requires the variance was not “self-created.” See attached Date: 3/14/18 amended 6/1/18 Signed: Address: 300 Great Oaks Blvd., Suite 310 City: Albany, NY Zip Code: 12203 Phone: 518-869-9302 Email: jmirel@rosenblumcompanies.com Form 20060814 Page 2 of 2 1. Describe your application as proposed: Redevelopment of the former Keybank site and adjacent City parking lot for residential and commercial mixed use. Construction of a new transit-oriented, mixed use 5-story building with approximately 2,000 to 3,000 square feet of commercial space and 80 residential units. The proposed building meets the definition of Multifamily, Medium-Rise, Multiuse as defined in section 285-12 of the zoning code. After consolidation of parcels 101.61-7-2 and 101.61-7-22, the lot area will be 0.673 acres resulting in a proposed density of 119 units per acre. Maximum residential density allowed in district B-4 is 80 units per acre for medium-rise buildings of up to 65 feet in height, or 120 units per acre for high-rise buildings of up to 250 feet in height. The proposed building will fit the density criteria of the B-4 zone for high-rise buildings, but in the form of a medium-rise structure. Additionally, section 285-61.D.3 of the Zoning Ordinance requires rear setbacks to be at least 20 feet in the B-4 district, unless interior loading space is provided. Interior loading space is unnecessary for the proposed use and the building will be setback approximately 3 feet for the first ~70 feet of Williams Street Alley. 2. Explain why you believe that your variance request will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties if it is granted: Proposing a building less than 65 feet in height will be compatible with the character of the neighborhood, significantly more so than a high-rise building with the same residential density. Additionally, although no off-street parking spaces are required in the B-4 district, (i) approximately 50 off-street parking spaces will be provided which will minimize the demand for on-street parking from the residential use; (ii) the developer is eliminating two curb cuts egressing to Fourth Street, creating the opportunity for additional on-street parking and redirecting merging traffic from the Fourth Street arterial to the Williams Street Alley; and (iii) the developer is collaborating with CDTA on a new BRT stop planned for corner of Fourth and Congress. With regard to rear setbacks, the proposed building will be consistent in character of the surrounding area, specifically buildings located on Williams Street Alley, which directly abut the roadway. Additionally, the shape of the proposed building is an “L”; thus, the rear setback of 3 feet is only for a portion (~70 feet) of Williams Street Alley. The remainder of the building (~135 feet) is setback approximately 60 feet. 3. Can the benefit you seek by virtue of this variance application be achieved by revising your proposal? If not, explain why there are no other alternatives. Based on current analysis, the project will not be financially feasible without the proposed unit count/building layout and commensurate rental income necessary to offset costs including but not limited to hazardous material abatement, urban fill and land assemblage costs, including the costs to provide the City with a replacement municipal surface lot; i.e. the acquisition of three satellite properties, the demolition of another vacant blighted structure at 163 Fourth Street and other related improvements. 4. Explain why you believe the proposed variance is not substantial. Section 285-61.D.(5)(b) allows 120 units per acre for high-rise buildings up to 250 feet height. The proposed building will be less than 65 feet in height and will have less impact on the character of the neighborhood than a high-rise building that is allowed with the same residential density. The proposed setback distances are also consistent with the existing character of Williams Street Alley as well as recommended urban planning practice, particularly because the project is located on a corner lot fronting two major City corridors. Attention will be paid to ensuring the building otherwise complements the existing built environment. 5. Explain why you believe the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. As noted in question 4 above, the proposed density of 119 units per acre is allowed for high-rise residential buildings. The height of the proposed building will have less impact on the character of the neighborhood than a high-rise and simultaneously replaces an outmoded, suburban-style former KeyBank branch building with drive-through canopies which, like the rear setback, is inconsistent with the streetscape. While Fourth Street is seeing positive momentum from pioneering new retail and restaurants as well as the continued investment of established businesses, the corridor has not yet seen the same level of residential investment. Per Section 285-6.B.(1)(b) of the zoning code, one of the goals of the Comprehensive Plan is to “aggressively pursue new downtown housing opportunities in the Central Business District, therefore establishing a new residential neighborhood.” The proposed variances are consistent with this goal. Moreover, reactivating the property is crucial to overcoming persistent public safety issues at the corner of Fourth and Congress and bridging downtown revitalization south of Congress Street. By improving walkability and attracting new residents to patronize area retailers, restaurants, and cultural venues, the proposed project addresses another of the Comprehensive Plan goals defined in Section 285-6.B.(1)(c): “To capitalize on downtown Troy's emerging identity as a center for recreation, dining and culture.” 6. Explain why you believe the difficulty that requires the variance was not “self-created.” Zoning limiting the density of multifamily, medium-rise, multiuse buildings is inconsistent with the philosophy of the B-4 zone per Section 285-61.A., which encourages high density housing, but permits the density in the proposed variance for high-rise buildings that would otherwise be out of keeping with the character of the neighborhood. Conversely, a rear setback of 20 feet or the addition of interior loading minimizes the available building space for residential and commercial/retail space which is contrary to the goals defined in Section 285-6.B.(1)(b) and 285-6.B.(1)(c) stated above. STAFF REPORT ZB 2018-25 Address: 134-142 Fourth Street (101.61-7-2); 144-146 Fourth Street (101.61-7-22) (B-4) Applicant: Fourth Street Troy, LLC, 300 Great Oaks Boulevard, Suite 310, Albany, NY 12203 PROJECT DESCRIPTION: ZB 2018-25 Fourth Street Development, LLC seeks Area Variances for excessive density and a rear setback deficiency related to a proposal to demolish a building at 130-142 Fourth Street, and construct a 5-story mixed-use commercial/residential building with approximately 50 parking spaces, on the combined parcels of 130-142 Fourth Street (ID 101.61-7-2) and 144- 146 Fourth Street (ID 101.61-7-22) in the B-4 zone. The project includes the demolition of the existing +/- 3,370 square feet one-story building, and then construction of a new +/- 92,920 square feet, five-story mixed-use (residential and commercial) building. The new building will have a footprint of +/- 18,630 square feet, and frontage on both Fourth Street and Congress Street. The building will consist of 2,000 – 3,000 square feet of first floor commercial space, a parking garage with approximately 30 spaces, and tenant amenity spaces. Additional onsite parking will be outdoors. All parking will be accessible from the Williams Street Alley. The second through fifth floors will contain 80 residential units with estimated unit mix as follows: 16 studio apartments, 48 one-bedroom apartments, and 16 two-bedroom apartments. APPROVALS NEEDED:  Area Variance for rear setback deficiency: o The rear setback (along Williams Alley) is about 3 feet. o Per Section § 285-61.D.1.b of the Zoning Ordinance: Rear setbacks must be at least 20 feet in the B-4 district, unless interior loading space is provided. o Interior loading space is not provided.  Area Variance for excessive density: o The proposed project contains 80 residential units, plus approximately 2,000 – 3,000 square feet of commercial space (exact number of commercial units unknown). o 80 residential units / 0.67 acres = 119.4 units per acre. o After the unknown amount of commercial units are added, the density will be even higher. o The proposed project is 63’5” H.  o Per Section § 285-12 of the Zoning Ordinance: The proposed project is classifiable as a “Multifamily, Medium-Rise, Multiuse residence” (a dwelling no less than 40 feet, nor more than 90 feet high, which contains at least three dwelling units and which provides commercial and/or professional services on all or part of the first floor only.) o Per Section § 285-61.D.5.b of the Zoning Ordinance, the maximum density allowed for a “medium-rise residential” property in the B-4 zone is 80 units per acre. 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 1 action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2018-27 and ZB 2018-28 ADDRESS: 441 Tenth Street (ID 90.79-5-20) and 443 Tenth Street (ID 90.79-5-19) (R-2) APPLICANT: TRIP (Troy Rehabilitation and Improvement Program), 415 River Street #3, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2018-27 and ZB 2017-28 TRIP (Troy Rehabilitation and Improvement Program) seeks Area Variances for lot area deficiency, front setback deficiency, excessive density, and parking deficiency, related to a proposal to merge 2 lots, demolish a 2-unit residence, and build a new 2-unit residence at 441 Tenth Street (ID 90.79-5-20) and 443 Tenth Street (ID 90.79-5- 19) in a R-2 zone. APPROVALS NEEDED:  Area Variance for lot area deficiency: o The proposed project has a lot area of (5227.2 square feet / 2 units =) 2613.6 square feet per unit. o Per Section § 285-53.D.1.b of the Zoning Ordinance: The minimum required lot area for a two-family residence in an R-2 district is 3500 square feet per unit.  Area Variance for front setback deficiency: o The proposed project has no front setback. o Per Section § 285-53.3.a of the Zoning Ordinance: The minimum required front setback in an R-2 zone is 20 feet. o The proposed project will have a setback deficiency of 20 feet.  Area Variance for excessive density: o The proposed project has a density of (2 units / 0.12 acres =) 16.7 units per acre. o Per Section § 285-53.5.b of the Zoning Ordinance: The maximum allowed density for a two-family residence in an R-2 district is 12 units per acre.  Area Variance for parking deficiency: o The proposed project has 2 off-street parking spaces. o Per Section § 285-53.F.2 of the Zoning Ordinance: A two-family residence in an R-2 district needs a minimum of 2 off-street parking spaces per unit, for a total of 4 off-street parking spaces. o The proposed project will have an off-street parking deficiency of 2 spaces.  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 2 action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2018-29 ADDRESS: 449 Tenth Street (ID 90.79-5-16) (R-2) APPLICANT: TRIP (Troy Rehabilitation and Improvement Program), 415 River Street #3, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2018-29 TRIP seeks Area Variances for front setback deficiency and parking deficiency, related to a proposal to construct a new 2-unit residence on a vacant lot, at 449 Tenth Street (ID 90.79-5-16) in an R-2 zone. APPROVALS NEEDED:  Area Variance for front setback deficiency: o The proposed project has no front setback. o Per Section § 285-53.3.a of the Zoning Ordinance: The minimum required front setback in an R-2 zone is 20 feet. o The proposed project will have a setback deficiency of 20 feet.  Area Variance for parking deficiency: o The proposed project has 3 off-street parking spaces. o Per Section § 285-53.F.2 of the Zoning Ordinance: A two-family residence in an R-2 district needs a minimum of 2 off-street parking spaces per unit, for a total of 4 off-street parking spaces. o The proposed project will have an off-street parking deficiency of 1 space. 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 2 action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2018-30 ADDRESS: 61-63 Ingalls Avenue (ID 90.71-2-14) (B-5) APPLICANT: TRIP (Troy Rehabilitation and Improvement Program), 415 River Street #3, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2018-30 TRIP seeks a Special Use Permit, and Area Variances for lot area deficiency, lot width deficiency, building length deficiency, front setback deficiency, rear setback deficiency, and parking deficiency, related to a proposal to demolish a dilapidated 4-unit residence, and replace it with a new 2-unit residence, at 61-63 Ingalls Avenue (ID 90.71-2-14) in a B-5 zone. APPROVALS NEEDED:  Special Use Permit: o The result of the proposed project will be a 2-story, 2-unit residence, with 1 apartment on the first floor and 1 apartment on the second floor. o Per Sections § 285-58.C.7, § 285-59.C.1, § 285-60.C.1, § 285-61.C.1, and § 285-62.C.1 of the Zoning Ordinance: Residences below the second floor of the principal structure on the lot are a Special Permit Use in a B-5 zone.  Area Variance for lot area deficiency: o The proposed project will have a lot area of 2880 square feet. o Per Section § 285-62.D.1.a of the Zoning Ordinance: The minimum required lot area in a B-5 zone is 15,000 square feet. o The proposed project will have a lot area deficiency of 12,120 square feet.  Area Variance for lot width deficiency: o The proposed project will have a lot width of 48 feet. o Per Section § 285-62.D.1.b of the Zoning Ordinance: The minimum required lot width in a B-5 zone is 100 feet. o The proposed project will have a lot width deficiency of 52 square feet.  Area Variance for building length deficiency: o The proposed project will have a building length of (33’ L + 4’ L front porch + 6’ back porch =) 43 feet. o Per Section § 285-62.D.1.c of the Zoning Ordinance: The minimum required building length in a B-5 zone is 80 feet. o The proposed project will have a building length deficiency of 37 square feet.  Area Variance for front setback deficiency: o The proposed project will have no front setback. o Per Section § 285-62.D.1.d.i of the Zoning Ordinance: The minimum required front setback in a B-5 zone is 10 feet. o The proposed project will have a front setback deficiency of 10 feet.  Area Variance for rear setback deficiency: o The proposed project will have a rear setback of 8 feet. o Per Section § 285-62.D.1.d.ii of the Zoning Ordinance: The minimum required rear setback in a B-5 zone is 40 feet. o The proposed project will have a front setback deficiency of 32 feet.  Area Variance for parking deficiency: o No parking spaces are listed on the site plan for this proposed project. o Per Section § 285-62.D.1.h of the Zoning Ordinance: Minimum off-street parking requirements in a B-5 zone are dictated by Section § 285-91. o Since residences aren’t included in Section § 285-91, I am using the default requirement of 2 parking spaces per unit, in which case 4 total parking spaces would be necessary. SPECIAL USE PERMIT I move to approve/deny the Special Use Permit based on the following findings of fact: 1. The proposed project will / will not cause substantial injury to the value of the surrounding property values, because ______________________________________________________. 2. The applicant does / does not meet the landscaping and screening criteria established for Special Use Permits, because __________________________________________________. 3. The Special Use Permit is / is not expected to impair the public health, safety, convenience, aesthetic quality, or environmental quality of the surrounding neighborhood, 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 2 action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. Warning: It is a violation of the NYS Education Law Article 145 for any person, unless he is acting under the direction of a licensed Professional Engineer, to alter this item in any way. Warning: It is a violation of the NYS Education Law Article 145 for any person, unless he is acting under the direction of a licensed Professional Engineer, to alter this item in any way. Warning: It is a violation of the NYS Education Law Article 145 for any person, unless he is acting under the direction of a licensed Professional Engineer, to alter this item in any way. Warning: It is a violation of the NYS Education Law Article 145 for any person, unless he is acting under the direction of a licensed Professional Engineer, to alter this item in any way. Warning: It is a violation of the NYS Education Law Article 145 for any person, unless he is acting under the direction of a licensed Professional Engineer, to alter this item in any way. STAFF REPORT ZB 2018-31 ADDRESS: 332 Ninth Street (ID 90.79-5-43) (R-2) APPLICANT: TRIP (Troy Rehabilitation and Improvement Program), 415 River Street #3, Troy, NY 12180 PROJECT DESCRIPTION: ZB 2018-31 TRIP seeks a Use Variance, as well as Area Variances for lot area deficiency, front setback deficiency, excessive density, and parking deficiency, related to a proposal to demolish a 3-car garage, and add two more 2-unit residences to an existing 2-unit residence, at 332 Ninth Street (ID 90.79-5-43) in a R-2 zone. This site is currently called “332 Ninth Street”, and is currently owned by the City of Troy. It is a consolidation of the former individual parcels known as 332 Ninth Street, 334 Ninth Street, 336 Ninth Street, 338 Ninth Street, and 340 Ninth Street. This combined parcel contains a vacant 2-unit residence and a vacant 3 car garage. The applicant wishes to demolish the 3-car garage, and add two more 2-unit residences, for a total of 3 two-unit residences on one parcel. APPROVALS NEEDED:  Use Variance for a 3-unit residence in a R-2 zone: o The proposed project will have 6 residential units. o Per Sections § 285-53.B and § 285-53.C of the Zoning Ordinance: Lots with more than 3 residences are neither an allowed nor a special permit use in an R-2 zone.  Area Variance for lot area deficiency: o The proposed project will have a lot area of (13,222 square feet / 6 units =) 2203.7 square feet per unit. o Per Section § 285-53.D.1.a of the Zoning Ordinance: The minimum required lot area for a single-family detached residence in an R-2 zone is 5800 square feet. o Per Section § 285-53.D.1.b of the Zoning Ordinance: The minimum required lot area for a two-family residence in an R-2 zone is 3500 square feet per unit. o Although this is neither a single-family detached nor a two-family use, I am applying the two-family criteria, because it is the closest use to what this project is. The proposed usage definitely does not meet the criteria in any case.  Area Variance for front setback deficiency: o All 3 buildings in the proposed project have no front setback. o Per Section § 285-53.D.3.a of the Zoning Ordinance: The minimum required front setback in an R-2 zone is 20 feet. o The first building is preexisting, and therefore grandfathered. o The second and third buildings, which will be new, need a variance of 20 feet.  Area Variance for excessive density: o The proposed project will have a density of (6 units / 0.30 acres =) 20 units per acre. o Per Section § 285-53.D.5.a of the Zoning Ordinance: The maximum required density for a single-family detached residence in an R-2 zone is 7.5 units per acre. o Per Section § 285-53.D.5.b of the Zoning Ordinance: The maximum required density for a two-family residence in an R-2 zone is 12 units per acre. o Although this is neither a single-family detached nor a two-family use, I am applying the two-family criteria, because it is the closest use to what this project is. The proposed usage definitely does not meet the criteria in any case.  Area Variance for parking deficiency: o Although off-street parking spaces will definitely be available for this project, total parking availability has not yet been determined. o Per Section § 285-53.E.1, a single-family detached residence in an R-2 zone has a minimum parking requirement of 2 off-street parking spaces per unit. o Per Section § 285-53.E.2, a two-family residence in an R-2 zone has a minimum parking requirement of 2 off-street parking spaces per unit. o Per Section § 285-53.E.3, a home occupation in an R-2 zone has a minimum parking requirement of 2 off-street parking spaces per unit. o Per Section § 285-53.E.4, all other uses in an R-2 zone are referred to § 285-91, which offers no requirement for residences of more than 2 units. o Therefore, I am applying the default general requirement of 2 off-street parking spaces per unit, which for 6 units would equal 12 total off-street parking spaces. 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 an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact.